Title 42

Title 42

DOMESTIC RELATIONS

Chapters:

01 Marriage

02 Divorce and Annulment

03 (Reserved)

04 Uniform Reciprocal Enforcement of Support

05 Illegitimate Children

Chapter 01

MARRIAGE

Sections:

42.0101 Requisites of valid marriage.

42.0102 Persons who may perform ceremony.

42.0103 License-Application and forms-Consent of parent or guardian.

42.0104 License-Issuance and form.

42.0105 Marriage ceremony.

42.0106 Copies of certificate-Register of marriages-Use of records.

42.0107 Fees-Disposition.

42.0108 Violation-Penalty.

42.0101 Requisites of valid marriage.

To enter into a valid marriage contract:

(a) The parties must not be related to each other nearer than the fourth degree of consanguinity.

(b) The male shall be at least 18 years of age and the female at least 14 years of age.

(d) Neither of the parties may have a lawful spouse living.

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

History: 1962, PL 7-32.

42.0102 Persons who may perform ceremony.

(a) No minister of any Christian religion has authority to solemnize or perform any marriage ceremony without first having registered with the Registrar of Vital Statistics a letter of identity and confirmation of his authority as a minister in the particular church to which he belongs. Any minister performing marriage in violation of this section shall be deemed guilty of an offense against this title.

(b) No marriage shall be invalid for a failure by the minister to register such letter of identity and confirmation of authority; if the minister is, in fact, a duly ordained and confirmed member of the clergy of any Christian religion.

(1) a marriage performed by a minister of any Christian religion authorized to perform marriages;

(2) a marriage performed by an associate judge, or the Associate Justice or the Chief Justice of American Samoa;

(3) All marriages solemnized before the enactment of this regulation by any minister of any Christian religion, duly appointed or ordained or reputed to be duly appointed or ordained.

(d) No marriage is void by reason only of the same having been celebrated by a person not a duly registered minister if either of the parties to the marriage believed at the time that the person was a duly registered minister.

History: 1961, PL 7-32; 1968, PL 10-52.

42.0103 License-Application and forms-Consent of parent or guardian.

(a) Persons wishing to marry shall obtain an application for marriage license from the office of the Registrar of Vital Statistics, which shall be completed and signed by the applicants under oath. Upon payment of the fee of $10, the Registrar of Vital Statistics shall issue to the applicants a marriage license.

(b) The application for marriage license shall be substantially in the following form; one of which shall be completed by each applicant, and his or her parent or guardian:

APPLICATION FOR MARRIAGE LICENSE

I…………………………………… ,of the Village of………………………………..,American Samoa, being first duly sworn, depose and say: That I am an (American Samoan—other nationality), having been born at…………………… (location of birth) on the……….day of……………. 20….., and that I am... .. years of age; that I am not presently married and that I am not related within the 4th degree of consanguinity to……………………. , the person I propose to marry, and further, that 1 know of no legal impediments to this proposed marriage.

……………………………………………..

(Signature)

Subscribed and sworn to before me this………………………..day of…………………….,20……...

………………………………………………………………..

(Registrar of Vital Statistics,

deputy or a notary public)

CONSENT OF PARENT OR GUARDIAN

I,……………………………………………. , being first duly sworn, depose and say: That I am the (mother—father—guardian) of…………………………………….. , who is…………….. years of age, being born on the………..day of ………… 20…. , and that I do hereby give my permission for…………………………….. to marry.

……………………………………………

(Signature)

Subscribed and sworn to before me this……………………….day of……………………… ,20…….

……………………………….

(Registrar of Vital Statistics.

deputy or a notary public)

History: 1962, PL 7-32; 1968, PL 10-52.

42.0104 License-Issuance and form.

(a) When the Registrar of Vital Statistics receives an application to marry which complies with the provisions of this chapter, both as to substance and form, he shall, if it appears that the parties are legally competent to marry under the provisions of 42.0101, issue to the parties a license to marry which shall be substantially in the following form:

MARRIAGE LICENSE

I hereby certify that……………………………….of ………………………Village, American Samoa, son of ……………..(father), and……………….(mother), and……………………………of ……………………..Village, daughter of.…………. (father) and…………………(mother), have made application to marry in accordance with the law, and there appearing no impediment to their marriage, a license to marry each other is hereby granted.

Dated this day of……………..………..,20.………

…………………………………………

(Deputy) Registrar of Vital Statistics

This license expires and is invalid 90 days from the date of issuance.

(b) The marriage license shall be in both the English and the Samoan languages.

History: 1962, PL 7-32; 1968, PL 10-52.

42.0105 Marriage ceremony.

(a) At any time not less than 30 or more than 90 days after the issuance of a marriage license, any minister of any Christian religion duly appointed or ordained and duly registered in the office of the Registrar of Vital Statistics, or any Samoan Associate Judge, or the Associate Justice or Chief Justice, may marry the parties.

(b) The presence of at least 2 witnesses is requisite for the due solemnization of a marriage.

(c) The parties to the marriage, the witnesses and the minister, justice or judge shall sign, in triplicate, a certificate substantially in the following form:

CERTIFICATE OF MARRIAGE

I,……………………………….. , duly authorized to solemnize and perform marriages, being a………………. (Minister—Justice—Judge) of the ………………… , (Church or High Court). do hereby certify that I have, on the……………day of……………..20…. . celebrated and solemnized a marriage between……………………..(groom) of…………………..Village, son of ……………….(father) and ………………………(mother), and……………………… (bride) of……………….. Village, daughter of…………………….and……………………..,at……………………..(location), American Samoa.

……………………………….