Part I- Preliminary
Section 1- Title and effect
- This Act shall be known as the Marriage and Family Act, 2026.
- This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.
Section 2- Interpretation
- “Marriage” means the lawful union of two persons to the exclusion of all others.
- “Registrar” means a person authorised by the Government to register marriages.
- “Celebrant” means a person authorised by the Government to solemnise marriages.
- “Register” means the official record of marriages maintained under this Act.
- “Court” means the judicial authority of the Hokorian State.
Part II- Capacity to Marry
Section 3- Eligibility to marry
- Marriage may take place between any two persons:
- Without distinction as to sex, gender identity, sexuality, religion or belief,
- On the basis of equality between the parties.
- A marriage must be monogamous.
- A person may not marry if already lawfully married.
Section 4- Minimum age
- A person must be at least eighteen years of age to marry.
- A marriage in breach of this section shall be void.
Section 5- Prohibited relationships
- A person may not marry another person who is related to them as:
- Parent and child,
- Grandparent and grandchild,
- Siblings including half siblings,
- First or second cousins,
- Aunt or uncle and niece or nephew.
- This section applies to relationships by birth, adoption or other recognised family relationship.
- A marriage in breach of this section shall be void.
Section 6- Consent to marriage
- A marriage shall only be valid where both parties give free and full consent.
- Consent is not valid where obtained by:
- Force or coercion,
- Duress,
- Fraud as to identity or nature of the marriage.
- A marriage may be voidable where a party lacked capacity to consent.
Part III- Solemnisation and Registration
Section 7- Solemnisation of marriage
- A marriage may be solemnised by:
- A Registrar,
- A Celebrant authorised under this Act.
- The Government may establish procedures for the authorisation of Celebrants.
- A marriage must be conducted in a manner that clearly expresses the consent of both parties.
Section 8- Registration of marriage
- Every marriage shall be entered into the Register.
- A marriage shall not have legal effect until registered.
- Registration must include:
- The identity of both parties,
- The date of the marriage,
- The identity of the Registrar or Celebrant.
Section 9- Marriage register
- A Register of marriages shall be maintained by the Government.
- The Register may be kept in electronic form.
- The Government may assign responsibility for administration of the Register.
Part IV- Nullity of Marriage
Section 10- Void marriages
- A marriage shall be void where:
- Either party was under the age required,
- The parties fall within prohibited relationships,
- Either party was already married,
- There was no valid consent.
Section 11- Voidable marriages
- A marriage shall be voidable where a party lacked capacity to consent.
- A voidable marriage remains valid unless annulled by the Court.
Section 12- Declaration of nullity
- Either party may apply to the Court for a declaration of nullity.
- The Court may declare a marriage void or voidable in accordance with this Act.
Part V- Divorce
Section 13- Ground for divorce
- The sole ground for divorce is that the marriage has irretrievably broken down.
- Irretrievable breakdown shall be established by a declaration by one or both parties.
Section 14- Application for divorce
- An application for divorce may be made by:
- One party,
- Both parties jointly.
- An application may not be made within one year of registration of the marriage.
- The Court shall grant a divorce where the requirements are met.
Section 15- Effect of divorce
- A divorce shall dissolve the marriage from the date specified by the Court.
- Following divorce, both parties shall be free to remarry.
Part VI- Recognition of Foreign Marriages
Section 16- Recognition of foreign marriages
- A marriage solemnised outside the State shall be recognised where:
- It was valid under the law of the place where it was conducted,
- Both parties met the age requirement,
- The marriage is monogamous,
- The parties are not within prohibited relationships.
- A foreign marriage shall be entered into the Register to have legal effect.
- Recognition shall be subject to verification by a Registrar.
Part VII- Offences and Enforcement
Section 17- Offence of false information
- A person commits an offence where they knowingly provide false information for the purpose of marriage or registration.
- Levels of severity:
- Basic offence: minor or limited false information,
- Aggravated offence: deliberate or significant deception.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Section 18- Offence of unlawful solemnisation
- A person commits an offence where they:
- Purport to solemnise a marriage without authority,
- Conduct a marriage in breach of this Act.
- Levels of severity:
- Basic offence: unauthorised or improper conduct,
- Aggravated offence: repeated or harmful conduct.
- Penalties:
- Basic offence shall carry a minimum term of no penalty and a maximum term of 1 month,
- Aggravated offence shall carry a minimum term of 1 month and a maximum term of 3 months.
Part VIII- Final Provisions
Section 19- Procedures and regulations
- The Government may establish procedures and requirements for:
- Solemnisation of marriages,
- Registration processes,
- Verification of foreign marriages.
- Such procedures must be consistent with this Act.
Section 20- Interpretation and application
- This Act shall be applied in a manner that supports equality, consent and family life.
- Any doubt shall be resolved in favour of recognising lawful relationships and protecting individuals.
