The Marriage Law. The law
providing for the preliminaries to and solemnization of marriage is the Marriage
Ordinance.
Preliminaries to marriage. Marriage may be solemnized or
contracted –
[a] in a place of worship,
[I] after publication of banns on three Sundays or "Holy
Days" [or in the case of Jews, on three Jewish
Sabbaths], or after publication of notice for a period extending
over three Sundays [or three Jewish
Sabbaths], at a place or two places of worship; or
[ii] on the delivery of a Bishops licence; or
[iii] on the delivery of a Governors licence; or
[iv] on the delivery of the Registrar’s certificate.
[b] in the Registrar’s office,
[I] after twenty one days notice; or
[ii] after the issue of a Registrar’s special certificate; or
[iii] on the delivery of a Governor’s licence.
[c] at any place,
on the delivery of a Governor’s licence.
Notice of marriage, if intended to be had at the Registrar’s
office or on delivery of the Registrar’s certificate, is to be given to the
Registrar; if to be in a place of worship after banns, to a minister of the religious
community to which the parties respectively belong.
Special licences are issued by; the Governor, the Anglican Bishop
and the Roman Catholic Bishop.
Age of marriage. No marriage may be solemnized or
contracted between persons of whom either is under the age of 16.
The prohibited degrees of consanguinity or affinity
are those according to the law in force for the time being in England.
1. Special Marriage Licence
A civil marriage is possible, without residential qualifications, by
Special Licence granted by the Governor of Gibraltar under section 13 of the Marriage
Ordinance.
2. General Conditions for Marriage
In order to get married in Gibraltar, you need to satisfy the
Registrar that you are free to marry.
[a] Unmarried Persons
You must furnish:
(i) a civil status certificate confirming that you have never married (required in respect
of non-british nationals).
(ii) a certified copy of your full birth certificate.
(iii) your passport.
[b] Widows or Widowers
You must furnish:
[I] a certified copy of your full birth certificate;
[ii] a certified copy of the death certificate of your spouse;
[iii] if the death certificate does not name you as the widow or
widower of the deceased, it is also essential that you produce a certified copy of your
original marriage certificate.
(iv) Your passport.
[c] Divorced Persons
You must furnish:
[I] a certified copy of your full birth certificate
[ii] a certified copy of your previous marriage certificate;
[iii] an original copy of your final and absolute divorce decree.
Office examined or certified copies will usually be accepted, but
they must bear an original seal of the court. Divorce decrees of countries other than
Great Britain may need to be legalised by The British Consular Authority for the place
where the divorce decree was granted, except in the case of countries which have ratified
the convention for abolishing the Requirement of Legalisation of Foreign Public Documents
[ The Hague, 5th October 1961 ]. If you are in doubt, write to the Marriage
Clerk and send a photocopy of your divorce decree.
In some countries, a divorce must be transcribed in the appropriate
civil registry before it becomes final and absolute. In such cases, a certified copy of
the relevant entry must be produced.
(iv) Your passport
[d] Persons under age 18
If you are under 18 years of age, you must produce the written
consent of both your parents or legal guardians. The consent to marry must be valid by the
Law of the country where you are domiciled.
Persons may not marry unless they are over the age of 16, unless the
court of Gibraltar orders otherwise.
[e] Change of Name
If you have changed your name by deed poll or in some other way, you
should submit your original change of name deed.
Marriages usually take place during the following hours, on Monday
to Friday between 10 am – 12 noon.
Once you have chosen a date for your marriage, you may telephone the
Marriage Registry to make a booking for the day of your choice. The booking will initially
be a provisional booking, and will be held until 10.30 a.m. on the day immediately before
that date. For example, if a booking is made for Thursday 3rd of May it will be
held until 10.30 am on Wednesday 2nd May by which time arrangements to finalise
the paperwork must have been commenced.
If you have made a provisional booking by telephone or in writing,
you can change this to another date if you so wish.
When you make a provisional booking, you will not be allocated a
time for the wedding. This will be allocated once all the paperwork has been completed and
the Special Licence has been ordered. At this stage, the booking for the marriage becomes
a firm booking and ceases to be a provisional booking.
5. How to obtain a Special Licence
To obtain a Special Licence, you need to:
[I] attend our offices before 10.30 a.m. on any working day.
This may be done as much as three months in advance of the marriage
or as late as the day prior to the ceremony.
[ii] prove to the Marriage Registrar that you and your spouse are
free to marry, by producing the appropriate documents as listed at paragraph 2;
However, the Marriage Registrar reserves the right to seek
whatever additional information may be necessary to determine your request to marry
[iii] bring your passports;
[iii] swear an affidavit each in the manner prescribed by the
Marriage Ordinance.
When you attend our offices to apply for the Special Licence, we
will provide the affidavits for you to complete and these can then be sworn before a
Gibraltar Commissioner for Oaths.
Please note that it normally takes at least 1 day to complete the
paperwork, swear the affidavits and obtain a licence:
You cannot get married on the same day that you apply for a Special
Licence.
6. Fees
When you have completed the paperwork you will be asked to pay the
fees due.
Governors Special Licence £67.50
Ceremony £34
Certificates £3.50 each
A further charge of between £10-£20 may be payable for the
services of a Gibraltar Commissioner for Oaths.
All fees are payable in pounds sterling or Gibraltar pounds.
If you order a Special Licence and later decide you do not wish to
get married in Gibraltar, or its validity expires, refunds will not normally be granted.
7. The Marriage Ceremony
You will attend before the Marriage Registrar on a date that is
mutually convenient. You will need.
[i] Some means of identification [i.e., a passport or identity card
which bears a recent photograph ] ;
[ii] Two witnesses for the marriage. Please note that under no
circumstances can the Registry Office provide two witnesses. Your witnesses may be related
to either of you or to each other or they may be friends or colleagues but they must be
over eighteen years of age and able to speak and understand English.
The ceremony is conducted in English. If you do not speak English,
you must arrange and provide your own interpreter, except in the case of the Spanish
language, where the Registry can provide you with a Spanish interpreter. There is a fee
for the services of a Spanish/English interpreter.
The Registry Office can give you the names and addresses of persons
who can act as interpreters in Gibraltar.It is helpful if you notify the Marriage Registry
in advance that you will need the services of an interpreter.
Photography is allowed for the second part of the ceremony, viz. the
exchange of rings [ if any ] and the signing of the Registers. If you wish, you may
arrange for a photographer to be present at your wedding. The Marriage Registry can supply
you with the names of the different photographic studios in Gibraltar.
You are also welcome to make arrangements with florists in Gibraltar
for any special flower arrangement that you would like to order for the Marriage room for
your wedding.
Lists of names and addresses of Gibraltar florists are available on
request.
8. Visa requirements
The Marriage Registry cannot advise you on whether you need a visa
to enter Gibraltar. If you have any doubts, please enquire at a British Consulate or
contact Civil Status and Registration Office, Passport Office, Joshua Hassan House,
Gibraltar, telephone [ 350 ] 20051728.
9. Further Enquiries
The Registrar and staff at the Registry Office are here to help you
every step of the way and to ensure that your special day is worry free. If you have any
further enquires, these should be addressed in English to:
Civil Status & Registration Office
Marriage Registry
Joshua Hassan House
3 Secretary’s Lane
Gibraltar
Tel. [ 350 ] 20072289
Fax.[ 350 ] 20042706