You may have heard the old wives’ tale that a couple cannot get married after sunset, as presumably, in times gone by when there was no electric light you had to be able to see your fiancé(e) so as to be sure who you were getting married to.

December 21, 2010 was the winter solstice, that is, the day with the shortest day length and the longest night of that year. Likewise, the days leading up to, and the days which follow, the winter solstice have some of the shortest day lengths of the year.

While long nights are good for honeymooners, short days coupled with fashionably late brides and the tradition of holding wedding ceremonies in the late afternoon or early evening have always caused concern for grooms, marriage officers, and the soon-to-be parents-in-law. This scenario has led to more than a few nervous grooms being left to ponder while waiting at the altar…is it ever too late in the day to be married?

It is important to note that the manner in which marriages are to be solemnized (that is celebrated) is set down in the Marriage Act. The Act stipulates that every marriage shall be solemnized in the presence of a Marriage Officer (or Civil Registrar), with two witnesses being present, with open doors, and between the hours of 6:00 am and 8:00 pm.

So if the bride (or groom!) arrived late and the declarations of marriage (the “I do’s”) were made after 8:00 pm, one might conclude that such a marriage was not lawfully solemnised. However, it is important to note that the Act states that a marriage can only be void under certain circumstances, such as, where both parties to the marriage knowingly and wilfully went through the ceremony before a person who was not a marriage officer, or where the parties knowingly and wilfully had the ceremony without two witnesses being present, or where one of the parties was under 16 years of age, or where the parties married were close blood relatives.

Further, the Act stipulates that no marriage otherwise lawfully celebrated shall be declared void on the ground that any of the conditions that the Act directs to be observed (such as the time of day that the ceremony is held) were not duly observed.

So, it is clear that a marriage may be held as validly celebrated notwithstanding the time of day at which it was celebrated. This bit of information should not of course be taken as a licence for the bride to be to be as late as she wishes!

Krishna Desai celebrates four happy years of marriage this week, he is an Associate at Myers, Fletcher & Gordon and is a member of the firm’s Litigation Department. He may be contacted via krishna.desai@mfg.com.jm or www.myersfletcher.com. This article is for general information purposes only and does not constitute legal advice.