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Marriage Act 1949

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Marriage Act 1949 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

[F1SCHEDULE 1E+WKindred and affinity

Textual Amendments

F1Sch. 1 substituted (5.12.2005 for the purposes of Sch. 1 Pts. 1, 2 only) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 17; S.I. 2005/3175, art. 2(2)(5)

Modifications etc. (not altering text)

Part 1E+WProhibited degrees: kindred

1(1)The list referred to in section 1(1) is—E+W

  • Adoptive child

  • Adoptive parent

  • Child

  • Former adoptive child

  • Former adoptive parent

  • Grandparent

  • Grandchild

  • Parent

  • Parent’s sibling

  • Sibling

  • Sibling’s child

(2)In the list “sibling” means a brother, sister, half-brother or half-sister.

Part 2E+WDegrees of affinity referred to in section 1(2) and (3)

2E+WThe list referred to in section 1(2) is as follows—

  • Child of former civil partner

  • Child of former spouse

  • Former civil partner of grandparent

  • Former civil partner of parent

  • Former spouse of grandparent

  • Former spouse of parent

  • Grandchild of former civil partner

  • Grandchild of former spouse]

F2Part IIIE+W

Textual Amendments

F23E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3.

F3SECOND SCHEDULEE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 68.

F4THIRD SCHEDULEE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F5SCHEDULE 3AE+WModifications if proposed marriage referred under section 28H

Textual Amendments

IntroductionE+W

1(1)These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State.E+W

(2)In this Schedule—

  • “2014 Act” means the Immigration Act 2014;

  • “referred marriage” means the proposed marriage referred to the Secretary of State.

No [F6marriage schedule] to be issued until decision about investigation etcE+W

Textual Amendments

2(1)The duty under section 31(2) to issue a [F7marriage schedule] in respect of the referred marriage does not apply unless and until one of the following events occurs.E+W

(2)Event 1 occurs if—

(a)the Secretary of State gives the superintendent registrar [F8or (as the case may be) superintendent registrars] the section 48 notice, and

(b)that notice is of a decision not to investigate whether the referred marriage is a sham.

(3)Event 2 occurs if—

(a)the relevant statutory period ends, and

(b)the Secretary of State has not given the superintendent registrar [F9or (as the case may be) superintendent registrars] the section 48 notice.

(4)Event 3 occurs if—

(a)the Secretary of State gives the superintendent registrar [F10or (as the case may be) superintendent registrars] the section 48 notice,

(b)that notice is of a decision to investigate whether the referred marriage is a sham,

(c)the Secretary of State gives the superintendent registrar [F11or (as the case may be) superintendent registrars] the section 50 notice, and

(d)that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.

(5)Event 4 occurs if—

(a)the 70 day period ends, and

(b)the Secretary of State has not given the superintendent registrar [F12or (as the case may be) superintendent registrars] the section 50 notice.

(6)Event 5 occurs if the Secretary of State gives the superintendent registrar [F13or (as the case may be) superintendent registrars] notice that the duty under section 31(2) is applicable.

(7)The Secretary of State may give a notice for that purpose only if—

(a)the Secretary of State has given the superintendent registrar [F14or (as the case may be) superintendent registrars] the section 48 notice,

(b)that notice is of a decision to investigate whether the referred marriage is a sham,

(c)the Secretary of State has given the superintendent registrar [F15or (as the case may be) superintendent registrars] the section 50 notice, and

(d)that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.

(8)This paragraph applies in addition to any other requirements applicable to the issue of the [F16marriage schedule].

(9)This paragraph is subject to paragraph 4.

(10)In this paragraph—

  • “70 day period” has the same meaning as in section 50 of the 2014 Act;

  • “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

  • “section 48 notice” means notice under section 48(7) of the 2014 Act;

  • “section 50 notice” means notice under section 50(7) of the 2014 Act.

Textual Amendments

Marriage to be investigated: extension of waiting period to 70 daysE+W

3(1)The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham.E+W

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.

(4)Section 31(5A) F18...: the reference to the 28 day period has effect as a reference to the relevant 70 day period.

(5)Section 31(5B) does not apply.

F19(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this paragraph “relevant 70 day period” means the period—

(a)beginning the day after notice of the proposed marriage is [F20recorded in the marriage register] in accordance with Part 3 of the Marriage Act 1949, F21... and

(b)ending at the end of the period of 70 days beginning with that day.

Textual Amendments

F18Words in Sch. 3A para. 3(4) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(4)(b) (with Sch. 2)

F21Words in Sch. 3A para. 3(7)(a) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(4)(d)(ii) (with Sch. 2)

Effect of reducing statutory periodE+W

4(1)This paragraph applies if—E+W

(a)the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and

(b)that notice is given at a time when the duty under section 31(2) to issue a [F22marriage schedule] in respect of the referred marriage has not arisen in accordance with paragraph 2.

(2)The duty under subsection 31(2) to issue a [F23marriage schedule] in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the [F23marriage schedule] being met.

(3)But the requirements of paragraph 2 are not applicable in such a case.

(4)The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a [F24marriage schedule] in respect of the referred marriage is issued as mentioned in sub-paragraph (2).

(5)But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation.

(6)In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.]

Textual Amendments

F22Words in Sch. 3A para. 4(1)(b) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(5) (with Sch. 2)

F23Words in Sch. 3A para. 4(2) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(5) (with Sch. 2)

F24Words in Sch. 3A para. 4(4) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(5) (with Sch. 2)

Sections 69, 70.

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

Part IE+W Exclusion of Provisions relating to Marriages according to the Rites of the Church of England

Subsection (4) of section six.

Paragraph (b) of subsection (I) of section fifteen.

The proviso to section seventeen.

Section eighteen.

Section twenty.

Subsection (3) of section thirty-five.

The proviso to subsection (1) of section forty-four.

F25...

Textual Amendments

F25Words in Sch. 4 Pt. 1 omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 49(2) (with Sch. 2)

Part IIE+W Modification of Provisions relating to Marriages according to the Rites of the Church of England

Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.

Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.

Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statment that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act F26..., in whose presence the marriage is solemnized.

Textual Amendments

F26Words in Sch. 4 Pt. 2 omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 49(3) (with Sch. 2)

Part IIIE+W Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

The proviso to section seventeen.

F27. . .

Textual Amendments

F27Words in Sch. 4 Pt. 3 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 32, Sch. 16; S.I. 2000/2698, art. 2

Section forty-one.

Section forty-two.

[F28The proviso to subsection (1) of section forty-three.]

Textual Amendments

F28Words in Sch. 4 Pt. 3 inserted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(2)

[F29Sections 43A and 43C. ]

Textual Amendments

The proviso to subsection (1) of section forty-four.

Part IVE+W Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Sections forty-three, [F3043B,] [F31and 44] shall apply as if for any reference to the trustees or governing body of a building there were substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.

Textual Amendments

Section 79.

FIFTH SCHEDULEE+W Enactments repealed

Part IE+W

Acts of Parliament repealedE+W

Session and ChapterShort TitleExtent of Repeal
. . . F32 . . . F32 . . . F32
62 & 63 Vict. c.27.The Marriages Validity Act, 1899.The whole Act so far as it relates to marriages solemnized in England.
. . . F32 . . . F32 . . . F32
8 Edw. 7, c.26.The Naval Marriages Act, 1908.The whole Act so far as it relates to marriages solemnized in England.
. . . F32 . . . F32 . . . F32
2 & 3 Geo. 6, c.33.The Marriage Act, 1939Section one, so far as it relates to marriages solemnized in England
. . . F32 . . . F32 . . . F32

Textual Amendments

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33E+W

Textual Amendments

Section 80.

SIXTH SCHEDULEE+W Provisions of Act which do not extend to Wales

. . . F34

Textual Amendments

Section ten.

. . . F34

Section nineteen.

Subsection (7) of section twenty.

. . . F35

Textual Amendments

. . . F34

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