SCHEDULES

SCHEDULE 6Marriage overseas

PART 1Consular marriage under UK law

Provision for consular marriage

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1

Her Majesty may by Order in Council make provision for two people to marry each other—

a

in prescribed countries or territories outside the United Kingdom, and

b

in the presence of a registration officer,

in cases where the officer is satisfied that the conditions in sub-paragraph (2) are met.

2

The conditions are that—

a

at least one of the people proposing to marry is a United Kingdom national,

b

the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order,

c

the authorities of the country or territory in which it is proposed that they marry will not object to the marriage, and

d

insufficient facilities exist for them to enter into a marriage under the law of that country or territory.

F13

For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.

4

In sub-paragraph (3) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.