DRAFT CSC, Title 23.  Family Law
 
CHAPTER 2
Marriage

1021.  Marriage between two noncitizens or noncitizen and citizen; requisites of marriage  contract.
1022.  Same; license.
1023.  Same; ceremony.
1024.  Marriage between citizens.
1025.  Records; certificates; register; forms.

      1021. Marriage between two noncitizens or noncitizen and citizen; requisites of marriage contract.
     In order to make valid the marriage contract between two noncitizens or between a noncitizen and a citizen of the Federated States of Micronesia Trust Territory, it shall be necessary that:

     (1)  The male at the time of contracting the marriage be at least 18 eighteen years of age and the female at least 16 sixteen years of age, and if the female is less than 18 eighteen years of age she must have the consent of at least one of her parents or her guardian;

     (2)  neither of the parties has a lawful spouse living; and

     (3)  a marriage ceremony be performed by a duly authorized person as provided in this chapter.

Source:  (Code 1966, 690.)  39 TTC 51, modified.

      1022.  Same; license.

     (1)  The Governor or his designee district administrator in each district is authorized to grant a license for marriage between two noncitizens or between a noncitizen and a citizen of the Federated States of Micronesia. Upon the filing of an application for such a license, the Governor or his designee district administrator shall collect from the parties making the application the sum of two dollars to be remitted to the Chuuk State Treasury treasurer of the Trust Territory.

     (2)  In order to obtain a license to marry, the parties shall file with the Governor or his designee district administrator an application in writing setting forth as to each party:  his or her full name, age, citizenship, residence, occupation, if any, whether previously married, and the manner of dissolution of such prior marriage or marriages.  If the statements in the application are satisfactory and it appears that the parties are free to marry, the Governor or his designee district administrator shall issue to the parties a license to marry.

     (3)  Nothing in this section shall be construed to prevent the issuance of a license to marry to two citizens of the Federated States of Micronesia Trust Territory.

Source:  (Code 1966, 691.)  39 TTC 52, 52(2) divided into new Subsections (2) and (3), modified.

      1023. Same; ceremony.
     The presence of at least two witnesses is required for the celebration of a marriage between two noncitizens or between a noncitizen and a citizen of the Federated States of Micronesia.  The marriage ceremony shall be performed in the State of Chuuk.  The marriage rite may be performed and solemnized by an ordained minister, a judge or justice of the high court, a judge of the district court, the Governor a district administrator, or by any person authorized by law to perform marriages, upon presentation to him of a license to marry as prescribed in Section 1022 of this Chapter.  The person solemnizing a marriage may receive a fee to be stipulated by the parties, or the gratification tendered to him.

Source:  (Code 1966, 692.)  39 TTC 53, modified.

      1024. Marriage between citizens.
     Marriage contracts between parties, both of whom are citizens of the Federated States of Micronesia Trust Territory, solemnized in accordance with recognized custom, shall be valid.  A notice of such marriage, showing the names and addresses of the persons married, their ages and the date of marriage, shall be sent to the Clerk of Courts, who shall, upon receipt thereof, record the same in the marriage register.

Source:  (Code 1966, 694.)  39 TTC 55, modified.

      1025.  Records; certificates; register; forms.

     (1)  It shall be the duty of every person authorized to perform marriages:

     (a)  to make and preserve a record of every marriage performed by him, regardless of the citizenship of the parties, showing the names of the persons married, their places of residence, and the date of marriage; and

     (b)  to deliver to the bride immediately after the ceremony a certificate of the record of such marriage, signed by him, two witnesses, if there were as many as two, and the persons married.

     (2)  He shall send a copy of the marriage certificate, not later than ten days after the granting of the same, to the Clerk of Courts for the district to be recorded in the marriage register.

     (3)  Forms issued by the Governor or his designee High Commissioner for such marriage certificates shall be used when available, but lack of such forms shall not excuse failure to provide the bride with the certificate and the Clerk of Courts with the copy required above in substantially the same form, and containing the same information as in the forms issued by the Governor or his designee High Commissioner.

Source:  (Code 1966, 693.)  39 TTC 54, divided into Subsections and modified.