Marriages risk invalidity over legal breaches


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Some marriages in Malawi could be quietly standing on shaky legal ground, as failure to observe key requirements such as the 21-day notice period and use of licensed venues may lead to unions being declared invalid.

The National Registration Bureau (NRB) has warned that all marriages contracted in Malawi must comply with the provisions of the Marriage, Divorce and Family Relations Act (MDFRA) 2025 to be legally recognised.

The bureau stated that the law requires couples intending to marry to first submit a notice of intention to marry, observe a 21-day notice period, resolve any objections that may arise, obtain the necessary permit and conduct the ceremony before an authorised officiant at a licensed venue.

“The Bureau advises that, for any marriage to be valid, all the processes prescribed by law must be followed in full,” the statement said.

According to the NRB, authority to officiate and register marriages has been delegated to District Commissioners for civil marriages, religious clerics for religious marriages and gazetted traditional authorities for traditional marriages.

The bureau said both parties intending to marry must appear in person before their chosen registrar or officiant and complete the prescribed Notice of Marriage form.

Once the notice is received, the registrar is required to enter it into the Marriage Notice Book and publicly display it.

The notice must remain on display for 21 days to allow any person with lawful grounds to object to the proposed marriage. The NRB said where an objection is lodged, the matter must be resolved by the parties involved or by a court before the process can continue.

If no objection is raised during the prescribed period, or if a court dismisses an objection, the registrar may issue a permit authorising the marriage to proceed.

The bureau noted that, in special circumstances, the minister responsible for the matter may waive the 21-day waiting period following an application by the parties.

The NRB also stressed that marriage ceremonies must only take place at venues licensed in accordance with the law.

For religious marriages, the place of worship where the ceremony is conducted must hold a valid licence. Civil and traditional marriages, meanwhile, are expected to be conducted at council offices and traditional authorities’ headquarters or offices respectively.

The bureau warned that couples seeking to hold marriage ceremonies at alternative locations, such as event gardens or other venues, must obtain a special licence from the responsible minister. Without such authorisation, the marriage may be invalid.

In addition, the NRB said only religious institutions registered under the Trustees Incorporation Act and licensed under the MDFRA or other applicable laws are authorised to officiate marriages at their places of worship.

The statement comes amid efforts by authorities to improve public awareness of legal requirements governing civil, religious and traditional marriages in Malawi.

The NRB urged members of the public to comply with the legal procedures and seek guidance from the bureau where necessary to ensure their marriages are recognised under the law.

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