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Revised Statute from The UK Statute Law Database

Marriage Act 1949 (c. 76)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Marriage Act 1949

1949 CHAPTER 76 12_13_and_14_Geo_6

Contents

Go to Preamble

  1. Part I

    Restrictions on Marriage

    1. 1. Marriages within prohibited degrees

    2. 2. Marriages of persons under sixteen

    3. 3. Marriages of persons under twenty-one

    4. 4. Hours for solemnization of marriages

  2. Part II

    Marriage according to Rites of the Church of England

    1. Preliminary

      1. 5. Methods of authorising marriages

      2. 5A. Marriages between certain persons related by affinity

    2. Marriage by banns

      1. 6. Place of publication of banns

      2. 7. Time and manner of publication of banns

      3. 8. Notice to clergyman before publication of banns

      4. 9. Persons by whom banns may be published

      5. 10. Publication of banns commenced in one church and completed in another

      6. 11. Certificates of publication of banns

      7. 12. Solemnization of marriage after publication of banns

      8. 13. Publication of banns in Scotland, Northern Ireland or Republic of Ireland

      9. 14. Publication of banns on board His Majesty’s ships

    3. Marriage by Common Licence

      1. 15. Places in which marriages may be solemnized by common licence

      2. 16. Provisions as to common licences

    4. Marriage under superintendent registrar’s certificate

      1. 17. Marriage under superintendent registrar’s certificate

    5. Publication of banns and solemnization of marriages during disuse of churches

      1. 18. Publication of banns and solemnization of marriages during repair and rebuilding of churches

      2. 19. Publication of banns and solemnization of marriage where church injured by war damage

    6. Licensing of chapels for publication of banns and solemnization of marriages

      1. 20. Licensing of chapels for publication of banns and solemnization of marriages for persons residing in specified district

      2. 21. Authorising of publication of banns and solemnization of marriages in churches and chapels of extra-parochial places

    7. Miscellaneous Provisions

      1. 22. Witnesses

      2. 23. Benefices held in plurality

      3. 24. Proof of residence not necessary to validity of marriage by banns or common licence

      4. 25. Void marriages

  3. Part III

    Marriage under Superintendent Registrar’s Certificate

    1. Issue of certificates

      1. 26. Marriages which may be solemnized on authority of superintendent registrar’s certificate

      2. 27. Notice of marriage

      3. 27A. Additional information required in certain cases

      4. 27B. Provisions relating to section 1(3) marriages

      5. 27C. Provisions relating to section 1(5) marriages

      6. 28. Declaration to accompany notice of marriage

      7. 28A. Power to require evidence

      8. 29. Caveat against issue of certificate or licence

      9. 30. Forbidding of issue of certificate

      10. 31. Marriage under certificate without licence

      11. 31A. Appeal on refusal under section 31(2)(a)

      12. 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      13. 33. Period of validity of certificate

      14. 34. Marriages normally to be solemnized in registration district in which one party resides

      15. 35. Marriages in registration district in which neither party resides

      16. 36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      17. 37. One party resident in Scotland

      18. 38. One party resident in Northern Ireland

      19. 39. Issue of certificates on board His Majesty’s ships

      20. 40. Forms of certificates to be furnished by Registrar General

    2. Marriages in registered buildings

      1. 41. Registration of buildings

      2. 42. Cancellation of registration and substitution of another building

      3. 43. Appointment of authorised persons

      4. 44. Solemnization of marriage in registered building

    3. Marriages in register offices

      1. 45. Solemnization of marriage in register office

      2. 45A. Solemnization of certain marriages

      3. 46. Register office marriage followed by religious ceremony

    4. Marriages on approved premises

      1. 46A. Approval of premises

      2. 46B. Solemnization of marriage on approved premises

    5. Marriages according to usages of Society of Friends

      1. 47. Marriages according to usages of Society of Friends

    6. Miscellaneous Provisions

      1. 48. Proof of certain matters not necessary to validity of marriages

      2. 49. Void marriages

      3. 50. Person to whom certificate to be delivered

      4. 51. Fees of registrars for attending marriages

      5. 52. Provision for marriages in Welsh language

  4. Part IV

    Registration of Marriages

    1. 53. Persons by whom marriages are to be registered

    2. 54. Provision of marriage register books by Registrar General

    3. 55. Manner of registration of marriages

    4. 56. Power to ask for particulars of marriage

    5. 57. Quarterly returns to be made to superintendent registrar

    6. 58. Quarterly returns to be made by superintendent registrar to Registrar General

    7. 59. Custody of register books

    8. 60. Filled register books

    9. 61. Correction of errors in register book

    10. 62. Disposal of register books on church ceasing to be used for solemnization of marriages

    11. 63. Searches in register books

    12. 64. Searches of indexes kept by superintendent registrars

    13. 65. Searches of indexes kept by Registrar General

    14. 66. Sending documents by post

    15. 67. Interpretation of Part IV

  5. Part V

    Marriages in Naval, Military, and Air Force Chapels

    1. 68. Solemnization of marriages in naval, military, and air force chapels

    2. 69. Licensing of chapels for marriages according to rites of Church of England

    3. 70. Registration of chapels for marriages otherwise than according to rites of Church of England

    4. 71. Evidence of marriages under Part V

  6. Part VI

    General

    1. 72. Supplementary provisions as to marriages in usual places of worship

    2. 73. Lists of licensed chapels and registered buildings

    3. 74. Regulations

    4. 75. Offences relating to solemnization of marriages

    5. 76. Offences relating to registration of marriages

    6. 77. Offences by authorised persons

    7. 78. Interpretation

    8. 79. Repeals and savings

    9. 80. Short title, extent and commencement

  7. FIRST SCHEDULE

    Kindred and Affinity

  8. SECOND SCHEDULE

    . .

  9. THIRD SCHEDULE

    . .

  10. FOURTH SCHEDULE

    Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels

  11. FIFTH SCHEDULE

    Enactments repealed

  12. SIXTH SCHEDULE

    Provisions of Act which do not extend to Wales

An Act to consolidate certain enactments relating to the solemnization and registration of marriages in England with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949.

[24th November 1949]

Annotations:

Modifications etc. (not altering text)

C1Act extended to border parishes by Marriage (Wales and Monmouthshire) Act 1962 (c. 32), s. 2

C2Act applied with modifications by Sharing of Church Buildings Act 1969 (c. 38), s. 6, Sch. 1

C3Power to amend Act given by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3

C4Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5By S.I. 1978/1844, art. 12 the Act has effect as if The Isles (i.e. The Isles of Scilly as defined in art. 2(1) ) were a non-metropolitan county

C6Act modified by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 29(2)(a)

Commencement Information

I1Act wholly in force at 1.1.1950 see s. 80(4)

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