Part I- Preliminary

Section 1- Title and effect

  1. This Act shall be known as the Marriage and Family Act, 2026.
  2. This Act shall have effect immediately upon the Constitution of the Hokorian State coming into force.

Section 2- Interpretation

  1. “Marriage” means the lawful union of two persons to the exclusion of all others.
  2. “Registrar” means a person authorised by the Government to register marriages.
  3. “Celebrant” means a person authorised by the Government to solemnise marriages.
  4. “Register” means the official record of marriages maintained under this Act.
  5. “Court” means the judicial authority of the Hokorian State.

Part II- Capacity to Marry

Section 3- Eligibility to marry

  1. 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.
  2. A marriage must be monogamous.
  3. A person may not marry if already lawfully married.

Section 4- Minimum age

  1. A person must be at least eighteen years of age to marry.
  2. A marriage in breach of this section shall be void.

Section 5- Prohibited relationships

  1. 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.
  2. This section applies to relationships by birth, adoption or other recognised family relationship.
  3. A marriage in breach of this section shall be void.

Section 6- Consent to marriage

  1. A marriage shall only be valid where both parties give free and full consent.
  2. Consent is not valid where obtained by:
    • Force or coercion,
    • Duress,
    • Fraud as to identity or nature of the marriage.
  3. A marriage may be voidable where a party lacked capacity to consent.

Part III- Solemnisation and Registration

Section 7- Solemnisation of marriage

  1. A marriage may be solemnised by:
    • A Registrar,
    • A Celebrant authorised under this Act.
  2. The Government may establish procedures for the authorisation of Celebrants.
  3. A marriage must be conducted in a manner that clearly expresses the consent of both parties.

Section 8- Registration of marriage

  1. Every marriage shall be entered into the Register.
  2. A marriage shall not have legal effect until registered.
  3. Registration must include:
    • The identity of both parties,
    • The date of the marriage,
    • The identity of the Registrar or Celebrant.

Section 9- Marriage register

  1. A Register of marriages shall be maintained by the Government.
  2. The Register may be kept in electronic form.
  3. The Government may assign responsibility for administration of the Register.

Part IV- Nullity of Marriage

Section 10- Void marriages

  1. 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

  1. A marriage shall be voidable where a party lacked capacity to consent.
  2. A voidable marriage remains valid unless annulled by the Court.

Section 12- Declaration of nullity

  1. Either party may apply to the Court for a declaration of nullity.
  2. The Court may declare a marriage void or voidable in accordance with this Act.

Part V- Divorce

Section 13- Ground for divorce

  1. The sole ground for divorce is that the marriage has irretrievably broken down.
  2. Irretrievable breakdown shall be established by a declaration by one or both parties.

Section 14- Application for divorce

  1. An application for divorce may be made by:
    • One party,
    • Both parties jointly.
  2. An application may not be made within one year of registration of the marriage.
  3. The Court shall grant a divorce where the requirements are met.

Section 15- Effect of divorce

  1. A divorce shall dissolve the marriage from the date specified by the Court.
  2. Following divorce, both parties shall be free to remarry.

Part VI- Recognition of Foreign Marriages

Section 16- Recognition of foreign marriages

  1. 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.
  2. A foreign marriage shall be entered into the Register to have legal effect.
  3. Recognition shall be subject to verification by a Registrar.

Part VII- Offences and Enforcement

Section 17- Offence of false information

  1. A person commits an offence where they knowingly provide false information for the purpose of marriage or registration.
  2. Levels of severity:
    • Basic offence: minor or limited false information,
    • Aggravated offence: deliberate or significant deception.
  3. 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

  1. A person commits an offence where they:
    • Purport to solemnise a marriage without authority,
    • Conduct a marriage in breach of this Act.
  2. Levels of severity:
    • Basic offence: unauthorised or improper conduct,
    • Aggravated offence: repeated or harmful conduct.
  3. 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

  1. The Government may establish procedures and requirements for:
    • Solemnisation of marriages,
    • Registration processes,
    • Verification of foreign marriages.
  2. Such procedures must be consistent with this Act.

Section 20- Interpretation and application

  1. This Act shall be applied in a manner that supports equality, consent and family life.
  2. Any doubt shall be resolved in favour of recognising lawful relationships and protecting individuals.

About this legislation

This Act is active and has been in force since April 5, 2026. There are no notes for this legislation.