Civil Marriages

   1.   Short title

   2.   Application

   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

   22.   Application

   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

General Provisions

   28.   Keeping of registers

   29.   Appeals to Minister

   30.   Regulations

   31.   Repeal of Act

   32.   Savings

   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)

1.   Short title

   This Act may be cited as the Marriage Act.

2.   Application

   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.

3.   Preliminaries of marriage

   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.

4.   Publications of banns

   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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