Court upholds Marriage Registrar's decision not to recognise a marriage (Malta, Civil Court, First Hall)

3 November 2010, Valletta (Ref: Citaz. Nru 16/2010). The First Hall of the Civil Court upheld the Marriage Registrar's decision not to recognise a marriage by proxy carried out in Syria between a Maltese lady and a Syrian man.

The Marriage Registrar contended that this marriage by proxy was intended to circumvent the Maltese law relating to marriage. On the day that the marriage occurred in Syria (7th May 2009) both parties were in Malta. The Syrian man at the time was in Malta on an expired passport and without a valid visa, hence the effort to circumvent Maltese law. Furthermore, marriages by proxy require prior authorisation by the same Marriage Registrar, which was not sought by the plaintiffs. Such authorisation is only granted when the request is granted, for grave reasons.

The Court held that, from the evidence it resulted that, on the day of the marriage, instead of marrying in Malta, the couple sent the necessary documentation for the celebration to occur in Syria. According to thge Marriage Act, article 14, a marriage by proxy requires the authorisation of the Maltese Marriage Registrar. This may be granted if one of the spouses is in Malta, while the other is not, and the Registrar considers that there are serious reasons to allow this marriage to go ahead. The Court further observed that marriage by proxy was to be a strict exception; the Court found no serious reason why two persons present in Malta should marry by proxy in another country, and for this reason upheld the Marriage Registrar's decision to refuse to recognise the marriage.

To read the actual judgement (in Maltese) click here

To access the Marriage Act click here