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Marriage Act 1949

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Changes over time for: Section 25

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Version Superseded: 04/05/2021

Status:

Point in time view as at 31/12/2020. This version of this provision has been superseded. Help about Status

Changes to legislation:

Marriage Act 1949, Section 25 is up to date with all changes known to be in force on or before 26 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

25 Void marriages.E+W

[F1(1)A marriage shall be void in any of the following cases.]

[F2(2)][F3Case A is where any persons] knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence)—

(a)[F4except 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 [F5certificates] 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 [F6certificates 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 [F7certificates] of a superintendent registrar, in any place other than the church [F8building or other place specified in the [F7notices of marriage and certificates] as the place where the marriage is to be solemnized].

[F9(3)Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders.

(4)Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.

(5)In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.]

Textual Amendments

F5Word 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

F6Words 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

F7Words 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

F9S. 25(3)-(5) substituted for words in s. 25(2) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(4); S.I. 2014/93, art. 3(k)(i)

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