MARRIAGE

The law in Palau recognizes the validity of marriages between two citizens of Palau performed in accordance with recognized Palauan custom. However, the law requires that a notice of the customary marriage must be sent to the Clerk of Court. The Clerk will record the marriage notice in the marriage register. The notice should show the names and addresses of the persons married, their ages, and the date of the marriage. A form for notice of marriage can be obtained at the Clerk of Court's office at the Court House. There is no cost for registering a customary marriage.

If the validity of a customary marriage is questioned or disputed by anyone, so that it causes embarrassment or affects the property rights of the married parties, or their children, then the married party, or the children, may ask the Court to confirm the marriage. The party would file a paper called a petition with the Court, and in it would ask the Court to confirm that there was a customary marriage. The Court would hold a hearing and would listen to testimony from the people involved. If the court was satisfied the marriage was valid in accordance with recognized Palauan custom, the Court would enter a decree confirming the marriage and the date of the marriage.

For a marriage to be valid between a citizen of Palau and a noncitizen, or between two noncitizens, the couple needs to follow special legal requirements. A marriage by Palauan custom would not be valid.The law requires that the male be at least eighteen years of age. The female is required to be at least sixteen years of age. If the female is sixteen or seventeen, she also needs the consent of her guardian to be married.

The law also requires the couple to apply for and receive a marriage license prior to marriage. The couple needs to list their names, ages, citizenships, residences, and occupations on the application. If either has been previously married, they must state how the marriage ended. If the application is satisfactory, a marriage license will be issued. A marriage license costs $2.00.

The law requires the marriage to be performed by someone who is authorized to perform marriages. In Palau, ordained ministers, and judges are authorized to perform marriages. There must be two people present to witness the marriage. The judge or minister may charge a fee for performing the marriage ceremony.

The person performing the marriage is required to make and keep a record of the marriage performed by him. This record shows the names of the persons married, their residence, and the date of the marriage. This certificate is signed by the two witnesses of the marriage, and then given to the bride. The person performing the marriage is required to send a copy of the certificate to the Clerk of Court for recording in the marriage register.

All these requirements must be followed in order for marriage, performed in Palau, between a citizen of Palau and a noncitizen, or between two noncitizens, to be valid. Two Palauan citizens may also apply for a marriage license and be married by a judge or a minister. They have the choice of getting a marriage license and being married by a judge or minister, or being married by custom.