Marriage Act 1949

25 Void marriages. E+W

If any persons knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence)—

(a) [F1 except in the case of a marriage in pursuance of section 26(1)(dd) of this Act,] in any place other than a church or other building in which banns may be published;

(b) without banns having been duly published, a common licence having been obtained, or [F2 certificates] having been duly issued under Part III of this Act by a superintendent registrar to whom due notice of marriage has been given; or

(c) on the authority of a publication of banns which is void by virtue of subsection (3) of section three or subsection (2) of section twelve of this Act, on the authority of a common licence which is void by virtue of subsection (3) of section sixteen of this Act, or on the authority of [F3 certificates of a superintendent registrar which are] void by virtue of subsection (2) of section thirty-three of this Act;

(d) in the case of a marriage on the authority of [F4 certificates] of a superintendent registrar, in any place other than the church [F5 building or other place specified in the [F4 notices of marriage and certificates] as the place where the marriage is to be solemnized];

or if they knowingly and wilfully consent to or acquiesce in the solemnization of the marriage by any person who is not in Holy Orders, the marriage shall be void.

Textual Amendments

F1 Words inserted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 3(a)

F2 Word in s. 25(b) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(a); S.I. 2000/2698, art. 2

F3 Words in s. 25(c) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(b); S.I. 2000/2698, art. 2

F4 Words in s. 25(2)(d) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(c); S.I. 2000/2698, art. 2

F5 Words substituted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 3(b)