Marriage Act 1949

Miscellaneous Provisions E+W

48 Proof of certain matters not necessary to validity of marriages. E+W

(1) Where any marriage has been solemnized under the provisions of this Part of this Act, it shall not be necessary in support of the marriage to give any proof—

(a) that before the marriage either of the parties thereto resided, or resided for any period, in the registration district stated in the notice of marriage to be that of his or her place of residence;

(b) that any person whose consent to the marriage was required by section three of this Act had given his consent;

(c) that the registered building in which the marriage was solemnized had been certified as required by law as a place of religious worship;

(d) that that building was the usual place of worship of either of the parties to the marriage; or

(e) that the facts stated in a declaration made under subsection (1) of section thirty-five of this Act were correct;

nor shall any evidence be given to prove the contrary in any proceedings touching the validity of the marriage.

(2) A marriage solemnized in accordance with the provisions of this Part of this Act in a registered building which has not been certified as required by law as a place of religious worship shall be as valid as if the building had been so certified.

Modifications etc. (not altering text)

C1 S. 48 applied with modifications by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 12

49 Void marriages. E+W

If any persons knowingly and wilfully intermarry under the provisions of this Part of this Act—

(a) without having given due notice of marriage to the superintendent registrar;

(b) without a certificate for marriage having been duly issued by the superintendent registrar to whom notice of marriage was given;

(c) without a licence having been so issued, in a case in which a licence is necessary;

(d) on the authority of a certificate which is void by virtue of subsection (2) of section thirty-three of this Act;

(e) in any place other than the church, chapel, registered building, office or other place specified in the notice of marriage and certificate of the superintendent registrar;

(f) in the case of a marrige in a registered building (not being a marriage in the presence of an authorised person), in the absence of a registrar of the registration district in which the registered building is situated; or

(g) in the case of a marriage in the office of a superintendent registrar, in the absence of the superintendent registrar or of a registrar of the registration district of that superinentdent registrar; [F1 or

(h) in the case of a marriage to which section 45A of this Act applies, in the absence of any superintendent registrar or registrar whose presence at that marriage is required by that section;]

the marriage shall be void.

Textual Amendments

F1 S. 49(h) and word “or” immediately preceding it inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 13

Modifications etc. (not altering text)

C2 S. 49 applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 13

50 Person to whom certificate to be delivered. E+W

(1) Where a marriage is intended to be solemnized on the authority of a certificate of a superintendent registrar, the certificate or, if notice of marriage has been given to more than one superintendent registrar, the certificates shall be delivered to the following person, that is to say:—

(a) if the marrige is to be solemnized in a registered building [F2 or at a person’s residence] in the presence of a registrar, that registrar;

(b) if the marriage is to be solemnized in a registered building without the presence of a registrar, the authorised person in whose presence the marriage is to be solemnized;

(c) if the marriage is to be solemnized in the office of a superintendent registrar, the registrar in whose presence the marriage is to be solemnized;

(d) if the marriage is to be solemnized according to the usages of the Society of Friends, the registering officer of that Society for the place where the marriage is to be solemnized;

(e) if the marriage is to be solemnized according to the usages of persons professing the Jewish religion, the officer of a synagogue by whom the marriage is required to be registered under Part IV of this Act;

(f) if the marriage is to be solemnized according to the rites of the Church of England, the officiating clergyman.

(2) In the application of the last foregoing subsection to a marriage solemnized otherwise than according to the rites of the Church of England, the reference therein to a certificate shall, if the marriage is by licence, be construed as a reference to the certificate and licence.

(3) Where a marriage is solemnized in a registered building without the presence of a registrar, the certificate or certificate and licence, as the case may be, shall be kept in the prescribed custody and shall be produced with the marriage register books kept by the authorised person under Part IV of this Act as and when required by the Registrar General.

Textual Amendments

F2 Words inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 14

51 Fees of registrars for attending marriages. E+W

[F3 (1)] A registrar shall be entitled to receive from persons married under this Part of this Act in his presence the sum of [F4 £1.50] if the marriage is by licence and, in any other case, the sum of [F4 £1.50].

[F5 (2) A superintendent registrar shall be entitled to receive from persons married in his presence in pursuance of section 26(1)(dd) of this Act the sum of [F6 £30.00].]

Textual Amendments

F3 “(1)” inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 15

F4 Figures substituted by S.I. 1972/911

F5 S. 51(2) added (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 15

F6 Sum in s. 51(2) substituted (1.4.1992) by virtue of S.I. 1992/99, art. 2, Sch. (which S.I. was revoked by S.I. 1990/2515)

Modifications etc. (not altering text)

C3 S. 51(1): by S.I. 1992/99, art. 2, Sch. (which S.I. revokes S.I. 1990/2515), it is provided (1.4.1992) that the fee of registrar for attending marriage - (i) at a register office is £17.00 and (ii) at a registered building or at the place where a house-bound or detained person usually resides is £28.00 and that s. 51(1) shall have effect accordingly.

52 Provision for marriages in Welsh language. E+W

The Registrar General shall furnish to every registrar in Wales and in every place in which the Welsh language is commonly used a true and exact translation into the Welsh language of the declaration and form of words required to be used under section forty-four of this Act, and the said translation may be used in any place in which the Welsh language is commonly used in the same manner as is prescribed by the said section forty-four for the use of the declaration and form of words in the English language.