- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/02/1991.
Marriage Act 1949 is up to date with all changes known to be in force on or before 25 July 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.
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Section 1.
Modifications etc. (not altering text)
C1Sch. 1 saved by Adoption Act 1976 (c. 36, SIF 49:11), s. 47(1)
Modifications etc. (not altering text)
C2Sch. 1 Pt. 1 excluded by Children Act 1975 (c. 72, SIF 49:10), s. 8(9), Sch. 1 Pt. II paras. 3, 7(1) (which Act is repealed (E.W. N.I.) (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(6)(7), Sch. 14 paras. 27(4)(5), Sch. 15); S.I. 1991/828, art. 3(2)
Mother | Fa ther |
[F1Adoptive mother or former adoptive mother] | [F1Adoptive father or former adoptive fathe r] |
Daughter | S on |
[F1Adoptive daughter or former adoptive daughter] | [F1Adoptive son or former adoptive son] |
Father’s mother | Father’s father |
Mother’s mother | Mother’s father |
Son’s daughter | Son’s son |
Daughter’s daughter | Daughter’s son |
Sister | Bro ther |
. . . F2 | . . . F2 |
Father’s sister | Father’s brother |
Mother’s sister | Mother’s brother |
Brother’s daughter | Brother’s son |
Sister’s daughter | Sister’s son |
Textual Amendments
F1Words inserted by Children Act 1975 (c. 72, SIF 49:10), s. 108(1)(a), Sch. 3 para. 8
F2Entries repealed by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 8(a)
Textual Amendments
F3Sch. 1 Pts. II, III added by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 8(b): original Sch. 1 Pt. II repealed by Marriage (Enabling) Act 1960 (c. 29), Sch
Daughter of former wife | Son of former husband |
Former wife of father | Former husband of mother |
Former wife of father’s father | Former husband of father’s mother |
Former wife of mother’s father | Former husband of mother’s mother |
Daughter of son of former wife | Son of son of former husband |
Daughter of daughter of former wife | Son of daughter of former husband] |
Textual Amendments
F4Sch. 1 Pts. II, III added by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 8(b): original Sch. 1 Pt. II repealed by Marriage (Enabling) Act 1960 (c. 29), Sch
Mother of former wife | Father of former husband |
Former wife of son | Former husband of daughter] |
Section 3.
Textual Amendments
F5Sch. 2 repealed (prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch. 15 (with saving in Sch. 14 para. 37, and with Sch. 14 paras. 1(1), 27(4))
F6Words substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 9
Circum stances | Person or Persons whose consent is required |
---|---|
1. Where both parents are living: | |
(a) if parents are living together; | Both parents. |
(b) if parents are divorced or separated by order of any court or by agreement; | The parent to whom the custody of [F6the child] is committed by order of the court or by the agreement, or, if the custody of [F6the child] is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents. |
(c) if one parent has been deserted by the other; | The parent who has been deserted. |
(d) if both parents have been deprived of custody of [F6the child] by order of any court. | The person to whose custody [F6the child] is committed by order of the court. |
2. Where one parent is dead: | |
(a) if there is no other guardian; | The surviving parent. |
(b) if a guardian has been appointed by the deceased parent [F8or by the court under section 3 of the Guardianship of Minors Act 1971]. | The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of [F6the child]. |
3. Where both parents are dead. | The guardians or guardian appointed by the deceased parents or by the court under [F9section 3 or 5 of the M1Guardianship of Minors Act 1971.] |
Textual Amendments
F7Heading substituted by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 11
F8Words inserted by Children Act 1975 (c. 72, SIF 49:10), s. 108(1)(a), Sch. 3 para. 9
F9Words substituted by Guardianship of Minors Act 1971 (c. 3), Sch.
Marginal Citations
Circumstances | Person whose consent is required |
---|---|
If the mother of [F6the child] is alive. | The mother, or if she has by order of any court been deprived of the custody of [F6the child], the person to whom the custody of [F6the child] has been committed by order of the court. |
If the mother of [F6the child] is dead. | The guardian appointed by the mother.]] |
Editorial Information
X1Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)
Textual Amendments
F10Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)
Circums tances | Person or persons whose consent is required |
---|---|
1. Where both parents are alive: | |
(a) if the father has been given by an order of any court the right to the actual custody of the child or the right to consent to the marriage of the child, or both those rights; | The mother and the father. |
(b) if the father has not been given either of those rights. | The mother. |
2. Where the mother is dead: | |
(a) if the father is a guardian under the Guardianship of Minors Act M21971 and there is no other guardian; | The father. |
(b) if the father is a guardian as mentioned in paragraph (a) above and another guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971; | The father and the guardian if acting jointly, or the father or the guardian if the father or guardian is the sole guardian of the child. |
(c) if the father is not a guardian and a guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971. | The guardian. |
3. Where the father is dead: | |
(a) if there is no other guardian; | The mother. |
(b) if a guardian has been appointed by the father or by the court under the Guardianship of Minors Act 1971. | The mother and the guardian if acting jointly, or the mother or the guardian if the mother or guardian is the sole guardian of the child. |
4. Where both parents are dead. | The guardian or guardians appointed by the mother or father or by the court under the Guardianship of Minors Act 1971. |
In this Part of this Schedule “actual custody”, in relation to a child, means actual possession of his person.]
Section 68.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 3 repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I
Sections 69, 70.
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.
Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as those sections relate to the registration of marriages by clergymen and to the duties of incumbents in relation to marriage register books.
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 for the purpose of registering marriages, in whose presence the marriage is solemnized.
The proviso to section seventeen.
The proviso to subsection (2) of section twenty-six.
Section forty-one.
Section forty-two. [F12The proviso to subsection (1) of section forty-three.]
Textual Amendments
F12Words inserted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(2)
The proviso to subsection (1) of section forty-four.
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, forty-four and fifty-four 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.
Section 79.
Session and Chapter | Short Title | Extent of Repeal |
---|---|---|
. . . F13 | . . . F13 | . . . F13 |
62 & 63 Vict. c.27. | The Marriages Validity Act, 1899. | The whole Act so far as it relates to marriages solemnized in England. |
. . . F13 | . . . F13 | . . . F13 |
8 Edw. 7, c.26. | The Naval Marriages Act, 1908. | The whole Act so far as it relates to marriages solemnized in England. |
. . . F13 | . . . F13 | . . . F13 |
2 & 3 Geo. 6, c.33. | The Marriage Act, 1939 | Section one, so far as it relates to marriages solemnized in England |
. . . F13 | . . . F13 | . . . F13 |
Textual Amendments
F13Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1
Textual Amendments
F14Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1
Section 80.
. . . F15
Textual Amendments
F15Words repealed by Marriages (Wales and Monmouthshire) Act 1962 (c. 32), s. 1(1)
Section ten.
. . . F15
Section nineteen.
Subsection (7) of section twenty.
. . . F16
Textual Amendments
F16Entry repealed as provided by Marriage (Wales) Act 1986 (c. 7, SIF 49:1), s. 1
. . . F15
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