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Validity of church marriages- Family Law - Kyambadde Associates & Legal Consultants

Wednesday 2 October 2013

Validity of church marriages- Family Law

Marriage is the legal union between a man and a woman. Lately this definition has received criticisms due to the global changes in lifestyle. The gay community seeks to be identified in the marriage sector and some  jurisdictions have condoned gay marriages. But for purpose of this
presentation the common law position will be preferred.

There are several types of marriage ie customary marriage,Civil marriage,church marriage,Islamic
marriage,Hindu and many others. Concentration will be based on church marriage,it's one of the
marriages that embrace monogamy.

Under church marriage the couple is wed by the priest/Reverand/Pastor or anyone ordained to carry
out the occasion.It is supposed to be a life time commitement and the church doesn't support divorce
whatsoever.

For a church marriage to be valid,the celebrant ought to announce the wedding bells of the
couple three times in church.The announcement is to notify the public or congregation if there's anyone against the holy matrimony of the couple in question. The announced couple should be of majority age which is eighteen years.

The marriage of the couple should take place during the day between 7am-06pm,marriage conducted
beyond those hours is invalid.

The occasion should take place in a LICENCED CHURCH/any place authorized by the Minister. so
many churches have emerged but not all churches are licensed.It is the duty of the couple that intends to be joined together to identify the licensed church to officiate the marriage.

There should be atleast three people to witness the marriage and the doors should be wide open,it should
not be done in hiding.

The couple should be given a marriage certificate
The couple,the celebrant and the witnesses should sign the marriage certificate

Lastly the couple should have consented to be joined in holy matrimony,if either proves to have been
coerced or misrepresented,the marriage can be nullified.

Now you do understand that it is important to take church  marriage as very important for the neglect of one ingredient may lead to grounds for challenging such marriage.

Aturinda Lenah is a legal consultant at Conservation Efforts for Community Development a
member of Foundation for Environmental Education

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