Foreign Marriage Act 1892 (repealed)

[F1 22 Validity of marriages solemnized by chaplains of H. M. forces serving abroad and other persons. U.K.

(1) A marriage solemnized in any foreign territory by a chaplain serving with any part of the naval, military or air forces of His Majesty serving in that territory or by a person authorised, either generally or in respect of the particular marriage, by the commanding officer of any part of those forces serving in that territory shall, subject as hereinafter provided, be as valid in law as if the marriage had been solemnized in the United Kingdom with a due observance of all forms required by law:

. . . F2

[F3 (1A) Subsection (1) above shall not apply to a marriage unless—

(a) at least one of the parties to the marriage is a person who—

(i) is a member of the said forces serving in the foreign territory concerned or is [F4 a relevant civilian who is employed in that territory; or ]

(ii) is a child of a person falling within sub-paragraph (i) above and has his home with that person in that territory; and

(b) such other conditions as may be [F5 prescribed by Order in Council] are complied with.

[F6 (1B) In determining for the purposes of subsection (1A) above whether one person is the child of another, a person who is or was treated by another as a child of the family in relation to—

(a) a marriage to which the other is or was a party, or

(b) a civil partnership in which the other is or was a civil partner,

shall be regarded as the other’s child.]]

[F7 (1AA) In subsection (1A)(a)(i) “relevant civilian” means a civilian subject to service discipline (within the meaning of the Armed Forces Act 2006) of a description prescribed by Order in Council.]

(2) In this section the expression

• “ foreign territory ” means territory other than—

(a) any part of His Majesty’s dominions;

(b) any British protectorate; or

(c) any other country or territory under His Majesty’s protection or suzerainty or in which His Majesty has for the time being jurisdiction:

Provided that His Majesty may by Order in Council direct that—

(i) any British protectorate or any such other country or territory as is referred to in paragraph ( c ) hereof; or

(ii) any part of His Majesty’s dominions which has been occupied by a State at war with His Majesty and in which the facilities for marriage in accordance with the local law have not in the opinion of His Majesty been adequately restored;shall, while the Order remains in force, be treated as foreign territory for the purposes of this section.

(3) Any reference in this section to foreign territory, to forces serving in foreign territory and to persons employed in foreign territory shall include references to ships which are for the time being in the waters of any foreign territory, to forces serving in any such ship and to persons employed in any such ship, respectively.

(4) His Majesty may by Order in Council provide for the registration of marriages solemnized under this section, . . . F8

(5) Where a marriage purports to have been solemnized under this section, it shall not be necessary in any legal proceeding touching the validity of the marriage to prove the authority of the person by or before whom it was solemnized, nor shall any evidence to prove his want of authority be given in any such proceeding.

(6) Any Order in Council made under the foregoing provisions of this section may be varied or revoked by a subsequent Order in Council, and any Order in Council made under this section shall be laid forthwith before each House of Parliament.]

Textual Amendments

F1 S. 22 substituted by Foreign Marriage Act 1947 (c. 33) , s. 2

F2 Proviso repealed as provided by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1) , s. 6

F3 S. 22(1A)(1B) inserted as provided by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1) , s. 6

F4 Words in s. 22(1A)(a)(i) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 5(a)(i); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F5 Words in s. 22(1A)(b) substituted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 5(a)(ii); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F6 S. 22(1B) substituted (5.12.2005) by Civil Partnership Act 2004 (Overseas Relationships and Consequential, etc. Amendments) Order 2005 (S.I. 2005/3129) , art. 1 , Sch. 4 para. 1

F7 S. 22 inserted (28.3.2009 for specified purposes) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 5(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

F8 Words repealed by Foreign Marriage (Amendment) Act 1988 (c. 44, SIF 49:1) , s. 7(2) , Sch.