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Hubby-to-be is in a pickle
All Woman, Your Rights
 on August 7, 2023

Hubby-to-be is in a pickle

Margarette Macaulay 

Dear Mrs Macaulay,

I am worrying about my husband-to-be, that we might not be able to get married when he arrives in Jamaica soon. His house was burnt down and he did not save anything, to include his documents.

To get married here in Jamaica, he would need his birth certificate.

Is it possible to swear an oath if he doesn’t have his papers? Please tell me our options.

I certainly understand how concerned and worried you are about your wedding plans. You are concerned that your beau would not be in a position to get married to you here in Jamaica as he would need his birth certificate in order to complete the necessary documents so that the licence (legal permission) for your marriage ceremony to proceed can be obtained.

You have not stated his country of birth, and I say this because it is generally a very straightforward task for any adult to apply for a certified copy of their birth certificate from the government offices of registration of births there, upon the payment of a relatively small fee. It seems that you both are not thinking clearly or he would have applied for a certified copy of his birth certificate already. Or, was he born in a country which is undergoing political and/or civil upheaval, from which he is a refugee and to which he cannot return or even make contact with or apply through his country’s embassy or consulate?

If my question above does not apply to him, he should then quickly apply for a certified copy of his birth certificate (in fact I would advise that he applies for three copies, so that he can keep at least one in a bank box or other safe box which can be rented). In the meantime, you can enquire of the civil registrar or marriage officer what you can do if he cannot obtain a certified copy in time. There may be an alternate document he or she would accept to issue their certificate or licence and thereby permit the ceremony to proceed. Example, they may accept an official note from his country’s embassy, or from his school or church of his baptismal details, or require a sworn affidavit from him or a relative about the circumstances why he cannot produce his birth certificate and/or any other identifying document including a clear statement of the date, his parents and the place of his birth, which must be sworn by the maker before a notary public or a Jamaican consul.

Failing all the above, you may just have to celebrate the fact that though he has lost all his material possessions, that he is alive and that your wedding can be postponed until he acquires all the documents which prove a person’s identity and nationality.

I hope that I have given you some assistance and I wish you both happiness and the very best in every facet of your lives.

Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide personal responses.

DISCLAIMER:

The contents of this article are for informational purposes only and must not be relied upon as an alternative to legal advice from your own attorney.

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