Act · 2013 Revised Edition · 5 parts
Marriage Act
Solemnising and registering church and civil marriagesIn plain English
Not legal adviceThis Act covers how church and civil marriages are performed and registered. A marriage is the voluntary union of one man with one woman for life or until a court ends it. A civil marriage is one performed in the office of a marriage registrar. A religious marriage is one performed in a church, chapel or other authorised building under the rites of a religious denomination. A minor is a person under the age of 18 years who is not a widow or widower.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Part I
Preliminary
Official textFrom Attorney General's Chambers, unchanged
This Act may be cited as the Marriage Act.
This Act shall not apply to marriages contracted according to the usages of Muslims, Hindus, Buddhists, Dayaks and other persons governed by their own laws or customs of marriage which are recognised by Brunei
Darussalam law to be valid and effective if one of the parties to such marriage is a member of the race or religion according to whose usages the marriage is contracted.
s 2Interpretation
In this Act, unless the context otherwise requires —
“Anglican” means and applies to the Church in Brunei Darussalam in communion with the Church of England as established by the law of England;
“Christian” means a person professing the Christian religion;
“Church of Rome” means and applies to the Church under the spiritual jurisdiction of the Pope of Rome;
“Church of Scotland” means the Church of Scotland as established by law;
“civil marriage” means a marriage solemnised in the office of a
Marriage Registrar in accordance with the provisions in that behalf of this Act;
Marriage 6
“marriage” means a marriage as understood by English law, that is, the voluntary union for life or until the marriage is dissolved by a court of competent jurisdiction of one man with one woman to the exclusion of all others;
“Marriage Registrar” means a person appointed under the provisions of this Act for the purpose of conducting civil marriages;
“minister of religion” means any priest of the Anglican Church, any minister of the Church of Scotland or Presbyterian Church of
England, any priest of the Church of Rome and or any other minister or ecclesiastical or religious official of any other denomination or sect who is authorised under this Act to solemnise marriages;
“minor” means a person who, not being a widow or widower, is under the age of 18 years;
“religious marriage” means a marriage solemnised in any church, chapel or any other authorised building in accordance with the rites and ceremonies of any religious denomination;
“Roman Catholic” means and applies to the Church under the spiritual jurisdiction of the Pope of Rome;
“Senior Marriage Registrar” means the Marriage Registrar for
Brunei Darussalam.
No two persons shall be capable of contracting a valid marriage unless the following conditions are fulfilled —
both parties to the intended marriage have reached the age of 14 years;
both parties to the intended marriage are not related to each other within the degrees of kindred set out in the First Schedule;
if domiciled elsewhere than in the State, the parties to the intended marriage are not related to each other within a degree of kindred prohibited by the law of the country of their domicile;
Marriage
neither party to the intended marriage is bound by a valid subsisting marriage to a third person;
at the time of the marriage, neither party is a lunatic, an idiot or a person whose mental condition makes him or her incapable of understanding the nature of the marriage contract;
the parties to the intended marriage freely consent to marry each other:
Provided that absence of consent shall not be inferred merely from the fact that one party was induced by fraud to marry the other.
A marriage shall be void unless all the conditions set out in subsection (1) are fulfilled.
Every marriage under this Act shall be solemnised either by a minister of religion or in accordance with section 22.
Subject to the provisions of section 35, every marriage, not being a marriage to which by virtue of section 1(2) does not apply, either or both of the parties to which is monogamous by religion or by the law of his domicile, if solemnised otherwise than in accordance with subsection (1), shall be void.
Subject to the provision of sections 34 and 35, every marriage solemnised before the coming into operation of this Act, not being a marriage to which by virtue of section 1(2) does not apply, either or both of the parties to which is monogamous by religion or by the law of his domicile, shall be and shall be deemed always to have been void, unless it was solemnised by a minister of religion or civil authority under the laws in that behalf then in force.
A marriage by a minister of religion shall be solemnised according to the rules, rites and ceremonies of the Anglican Church, the Church of
Rome, the Church of Scotland, or the Presbyterian Church of England by a duly authorised priest or minister of one of those Churches or according to the rules, rites and ceremonies of the denomination of any minister of religion licensed under section 6.
Marriage 8
A marriage before a Registrar shall be solemnised in accordance with section 22.
s 6Power to licence ministers of religion
His Majesty the Sultan and Yang Di-Pertuan in Council may —
grant licences to ministers of religion of denominations other than those mentioned in section 5(1) to solemnise marriages according to the rules, rites and ceremonies of their respective denominations;
and
revoke or cancel such licences.
If any party to an intended marriage is a minor, the marriage shall not be solemnised unless such minor first obtains —
the consent of the father of such minor;
if the father be dead, or if his consent is not reasonably obtainable, the consent of the guardian of such minor; or
failing such guardian, the consent of the mother (if living) of such minor.
If the person whose consent is required is of unsound mind, or withholds the requisite consent, the High Court, if satisfied that the consent is unreasonably withheld, may issue an order of consent, in lieu of the consent required by subsection (1).
Where there is no one living who is capable of giving a valid consent, the marriage may in the discretion of the minister or registrar proceed without such consent.
No marriage solemnised without the consent or order of the High
Court as required by subsection (1) or (2) respectively, shall be void by reason only of the absence of such consent or order, but the minister or registrar solemnising the marriage shall be liable to the penalties prescribed in section 30.
Marriage
His Majesty the Sultan and Yang Di-Pertuan shall appoint a public officer to be a Senior Marriage Registrar.
His Majesty the Sultan Yang Di-Pertuan may appoint public officers to be Marriage Registrars for any place, area or district.
Part II
Religious Marriages
Part III
Civil Marriages
Part IV
Offences and Penalties
Part V