Marriage and Divorce Act, 2007

THE REGISTRATION OF CUSTOMARY MARRIAGE AND DIVORCE ACT, 2007 Being an Act to provide for the registration of customary marriages and divorces and for other related matters. [ ] E NACTED by the President and Members of Parliament in this present Parliament assembled. Date of commencement. S IGNED this 23rd day of January, 2009 DR. ERNEST BAI KOROMA, President. LS No. 1 Registration of Customary Marriage and Divorce Act 2009No. 1 Registration of Customary Marriage and Divorce Act 2009 PART I–PRELIMINARY

“court” means a Magistrate’s Court or Local Court; “cohabiting persons” means persons who, while not married have lived as married persons for a period of not less than five years; “local council” means a local council established under the Local Government Act, 2004 and in whose jurisdiction a customary marriage is entered into or dissolved; “Local Council Chief Administrator” has the meaning assigned to it by section 1 of the Local Government Act, 2004; “Minister” means the Minister responsible for social welfare. PART II - VALIDITY OF CUSTOMARY MARRIAGE

(1) Subject to this Act, a customary marriage, contractedafter the coming into operation of this Act, shall be valid only if – (a) both spouses are not less than eighteen years old and consent to the marriage; and (b) the marriage is contracted in accordance with the customary law applicable to any of the spouses. (2) Where, either of the prospective spouses, not being a widow or widower, is less than eighteen years, it shall be necessary for the parents to give consent to the marriage and if the parents are dead or unable for any reason to give such consent, then the consent may be given by the guardians of the prospective spouse or spouses to the marriage, as the case may be. (3) If the consent of the parents or guardians cannot be obtained or is unreasonably withheld, a Magistrate or Local Government Chief Administrator of the locality in which the marriage is to take place may give his consent.

Marriage Act, the Muslim Marriage Act or the Civil Marriage Act shall enter a customary marriage with another person. (2) Where spouses have simultaneously celebrated their marriage both by Christian, Muslim or civil rites and by customary rites, the consequences of such marriage shall be determined according to the law which the spouses have expressly agreed should apply.

(1) Subject to subsection (2), a person who enters acustomary marriage (whether it is potentially or actually polygamous) shall not subsequently marry any other person by Christian, Muslim or civil rites during the existence of the customary marriage. (2) A person may enter a Christian, Muslim or civil marriage after a customary marriage if it is with the same person with whom he entered the customary marriage and the customary marriage shall be deemed to have been dissolved after such Christian, Muslim or civil Interpretation. Validity of customary Act No. 1 of 2004. Act No. 1 of 2004. Relationship between customary marriage and marriage by Christian, Muslim or or civil rites. Effect of customary Cap 95 Cap 96 Act 97 2 3 No. 1 Registration of Customary Marriage and Divorce Act 2009No. 1 Registration of Customary Marriage and Divorce Act 2009

(1) A court may, on application, by order declare acustomary marriage invalid on the grounds that either of the spouses is a minor. (2) An application for an order under subsection (1) may be made by– (a) either of the spouses to the marriage before the attainment of majority or within a reasonable time thereafter; or (b) the guardian of a minor spouse, if he applies before the spouse attains majority and within a reasonable time of becoming aware of the existence of the marriage.

(1) Where the personal law of co-habiting persons iscustomary law and the persons– (a) are not below eighteen years; and (b) have lived together as husband and wife for a continuous period of not less than five years, they shall be deemed to be married under customary law notwithstanding that they may not have performed any customary rites of marriage. (2) A marriage deemed to have been contracted by virtue of subsection (1) may be registered under Part III. PART III – REGISTRATION OF CUSTOMARY MARRIAGE

As from the date of the coming into operation of this Act,any marriage contracted under customary law before or after that date shall be registered in accordance with this Part.

(1) Where a marriage has been contracted undercustomary law, either party to the marriage or both parties shall apply in writing to the local council for registration of the marriage. (2) The application for the registration of a marriage entered into before the date of the coming into operation of this Act shall be made within six months of that date and in the case of a marriage entered into after that date, the application shall be made within six months after the marriage.

(1) An application for registration of a marriage shall beaccompanied by a statutory declaration stating the following:- (a) the names of the parties to the marriage; (b) the place of residence of the parties at the time of the marriage; and (c) that the conditions essential to the validity of the marriage in accordance with the applicable customary law have been complied with. (2) The statutory declaration shall be supported by the parents or the guardians of the spouses but where there are no parents or guardians living at the time of the application, it shall be supported by a relative of each spouse not below the age of eighteen.

(1) A local council shall, upon receipt of an application forthe registration of a marriage, register the marriage in the register set out in the First Schedule and shall, by notice in the form set out in the Second Schedule notify the public of the registration of the (2) The notice shall be displayed on a public notice board in the office of the local council within twenty-eight days after the registration of the marriage.

(1) Any person who knows of any cause why the localcouncil should not have registered the marriage or objects to the validity of the marriage under the applicable customary law may, at any time after the publication of the notice by the local council, file the grounds of his objection in the court. Customary marriage of minors. Co-habiting persons to be deemed married. Obligation to register customary Application for registration of customary marriage. Statutory declaration. Local Council to register customary Objection to registration of customary 4 5 No. 1 Registration of Customary Marriage and Divorce Act 2009No. 1 Registration of Customary Marriage and Divorce Act 2009 (2) Copies of the grounds of objection shall be served on the parties affected by the objection. (3) If, upon the hearing of the grounds of objections the court is satisfied that– (a) there are no grounds for the objection it shall dismiss the objection; (b) there are grounds for the objection, the court may make an order empowering the local council to expunge any entries made in the register in respect of the registration of the marriage to which the objection was made. (4) Where entries in the register have been expunged under subsection (3), the customary marriage shall be deemed not to have been contracted. PART IV – REGISTRATION OF CUSTOMARY DIVORCE

The dissolution of any marriage registered under this Actshall be recorded by the local council in the register of divorce set out in the Third Schedule.

(1) Where a marriage registered under this Act has beendissolved in accordance with the applicable customary law, either party to the marriage or both parties shall, within six months of the dissolution, notify the local council that the marriage has been dissolved. (2) A notification under subsection (1) shall be accompanied by a statutory declaration stating that the marriage has been dissolved in accordance with the applicable customary law. (3) The local council may, upon receipt of a notification, record the dissolution of the marriage in the register set out in the Third Schedule and may by notice in the form set out in the Second Schedule notify the public of the registration of the dissolution of the marriage. (4) The notice shall be displayed on a public notice board in the office of the local council within twenty-eight days after the receipt of such notification.

(1) Any person who knows of any cause why the localcouncil should not have registered the dissolution of the marriage may, at any time after the publication of the notice under section 13, file the grounds of his objection in a court. (2) Copies of the grounds of objection shall be served on the parties affected by the objection. (3) If, upon the hearing of the grounds of objection, the court is satisfied that - (a) there are no grounds for the objection, it shall dismiss the objection; (b) there are grounds for the objection, the court shall make an order empowering the local council to expunge all entries made in the register in respect of the dissolution of the (4) Where entries in the register have been expunged under subsection (3), the customary marriage shall be deemed not to have been dissolved. PART V – MISCELLANEOUS

Upon the registration of a marriage or the dissolutionthereof under this Act, the local council shall issue to the parties concerned a certified copy of the entry in the register upon the payment of a fee determined by the local council.

A local council shall, at all reasonable times, allow searchesto be made of the register of marriage or divorce and shall furnish, on request and upon payment of a fee determined by it, a certified copy of any entry in the register. Registration of customary divorce. Local Council to be notified of divorce. Objection to registration of dissolution of Certified copies of entries in register. Searches. 6 7 No. 1 Registration of Customary Marriage and Divorce Act 2009No. 1 Registration of Customary Marriage and Divorce Act 2009

In any proceedings, a copy of the entry in the registercertified under the hand of the Local Council Chief Administrator of the local council shall be admissible in evidence as sufficient proof of the registration of the marriage or the dissolution thereof, as the case may be.

A wife in a customary marriage shall have the capacity topersonally acquire and dispose of properties and to enter into contracts in her own behalf.

(a) applies to a local council for the registration of any customary marriage or divorce which he knows has not been lawfully contracted or dissolved, as the case may be, under the applicable customary law; (b) knowingly makes any false entry in the register or a certified copy thereof; or (c) with intent to defraud, alters any entry in the register or certified copy thereof, commits an offence and shall, on conviction, be liable to a fine not exceeding Le1,000,000 or to a term of imprisonment not exceeding one year or to both the fine and imprisonment.

The Minister may, by statutory instrument, make suchregulations as he may consider necessary for carrying into effect the provisions of this Act. Certified copies of entries shall be admissible as evidence. Capacity of wife in customary Offences. Regulations. 8 9

FORM OF REGISTER OF CUSTOMARY MARRIAGES Name Age Date Place Other Signature Name No. of Signature Remarks of hus- of and of existing or and receipt of Local band hus- place resi- marriage thumb- signa- Council band of marri- dence print ture Chief age of hus- of hus- or thumb- Adminisband band print of trator witnesses Name Age Date Place Condition Signature Name No. of Signature Remarks of wife of and of (Spinster or and receipt of Local wife place of resi- or Divor- thumb- signa- Council marri- dence cee) print ture Chief age of wife of wife or thumb- Adminisprint of trator witnesses

NOTICE OF REGISTRATION OF CUSTOMARY MARRIAGE OR DISSOLUTION OF CUSTOMARY MARRIAGE NOTICE is hereby given that the marriage (or dissolution of the marriage) between the parties mentioned below was registered in the Register of Marriage and Divorces in accordance with the provisions of the Registration of Customary Marriage and Divorce Act, 2009 on the …..............…day of ….............…. 20........... No. 1 Registration of Customary Marriage and Divorce Act 2009No. 1 Registration of Customary Marriage and Divorce Act 2009 Name of Place(s) of Place of Date of parties to residence marriage or marriage or the marriage of parties dissolution dissolution of marriage of marriage

REGISTER OF DIVORCE Names of Date of Place and Date of Signature or No. of Signature divorcees marriage residence of dissolution thumbprint receipt of Local of divorcees of marriage of divorcees Council Chief Administrator 10 11 P RINTED AND P UBLISHED BY THE GOVERNMENT P RINTING D EPARTMENT , S IERRA LEONE. GAZETTE NO . 5 OF 29TH J ANUARY , 2009. Passed in Parliament this14th day of June, in the year of our Lord two thousand and seven. . VICTOR A. KAMARA, Clerk of Parliament. T HIS P RINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correct printed copy of the said Bill. VICTOR A. KAMARA, Clerk of Parliament. Note: (This Act No. 1 supersedes the Act No. 24 of 2007 by the same title published in Government Notice No. 155 as Supplement to the Sierra Leone Gazette No. 51 dated Thursday, 27th September, 2007).