This is marriage by Africans who
profess the Christian Faith. The preamble of the African Christian Marriage and Divorce Act provides that the
Act is to provide for the marriage of African Christians and for the
dissolution of such marriages.
The Act provides at Section 3(1) that it applies only to the marriages of Africans when one or both parties profess the Christian Religion.
Section 4 of the Act provides that the
provisions of the Marriage Act shall apply to all marriages celebrated
under the African Christian Marriage and Divorce Act save where the
said Act provides otherwise.
The African Christian Marriage and Divorce Act provides specifically for the following:
- Section 6 provides that Marriages are to be performed only by licensed ministers. The Office of the Registrar of Marriages licenses church ministers to perform marriage ceremonies and issue marriage certificates. Any duly registered church can apply for the licensing of its minister(s). This has the effect of transferring some of the roles of the Registrar upon the church ministers.
- Section 7 provides that Sections 8 to 18 of the Marriage Act which deal with inter alia, the issue of notice shall not apply; however adequate notice of the intended marriage must be given. Instead of giving notice at the Registrar’s Office, notice of the intended marriage is given in the church.
- The Act also provides specifically for Consents (Section 8) and also the Act provides that Ministers may be appointed Registrars of Marriages (Section 11).