Marriage Act 1949

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 [F5a marriage schedule] having been duly issued under Part III of this Act F6...; or

(c)on the authority of a publication of banns which is void by virtue of F7... 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 [F8a marriage schedule which is] void by virtue of subsection (2) of section thirty-three of this Act;

(d)in the case of a marriage on the authority of [F9a marriage schedule], in any place other than the church [F10building or other place specified in the [F11notices of marriage [F12and (if so specified) in the marriage schedule]] as the place where the marriage is to be solemnized].

[F13(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

F11Words 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

F13S. 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)