ARRANGEMENT OF SECTIONS
1. Short title
3. Preliminaries of marriage
4. Publications of banns
5. Special licence
6. Protection of minors
7. Marriage officers
8. Inquiries to be made by marriage officer
9. Solemnization of marriage
10. Formulary to be followed
11. Registration of marriages
12. Consecration of marriages already solemnized
13. Impediments to marriage
14. Insane person and persons below age
15. Consent to marriage by minors
16. Prohibited degree of marriages, etc.
17. Offences and penalties
18. Solemnizing marriage of married person
19. Solemnizing marriage when legal impediments exist
20. Criminal omissions
21. False statements
Registration of Customary, Muslim, Hindu and
Other Religious Marriages
23. Registration of Customary, Muslim, Hindu and other religious marriages
24. Issue of certificate of registration
25. Registration of marriages contracted before commencement of Act
26. Certificate of registration is prima facie evidence of marriage
27. Ex officio registrars of customary marriages
28. Keeping of registers
29. Appeals to Minister
31. Repeal of Act
33. Transitional provisions
Act 18, 2001.
An Act to make provision for the solemnization and registration of marriages and for incidental matters.
[Date of Commencement: 28th December, 2001]
Civil Marriages (ss 1-21)
This Act may be cited as the Marriage Act.
This Part shall apply to all marriages solemnized in Botswana except marriages contracted in accordance with any customary law of Botswana or Muslim, Hindu or other religious rites.
No marriage shall be valid unless within a period of not more than three months previous to its solemnization banns have been published under section 4 or a special licence has been obtained under section 5.
Banns may be published either-
(a) in public in the ordinary manner in three successive weeks during divine service in a church or other building habitually used for public worship by a congregation to which one or both of the parties to the intended marriage belong and in a district in which one or both of such parties reside; or
(b) by posting them up for a period covering three successive weeks in a conspicuous place to which the public have access at the office of an administrative officer in the district in which one or both of the parties to the intended marriage reside.
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