Marriage Act 1949

1. Introductory Text

2. Part I Restrictions on Marriage

   1. 1. Marriages within prohibited degrees.

   2. 2. Marriages of persons under sixteen.

   3. 3. Marriages of persons under twenty-one.

   4. 4. Hours for solemnization of marriages.

3. Part II Marriage according to Rites of the Church of England

   1. Preliminary

      1. 5. Methods of authorising marriages.

      2. 5A. Marriages between certain persons related by affinity.

      3. 5B. Marriages involving person of acquired gender

   2. Marriage by banns

      1. 6. Place of publication of banns.

      2. 7. Time and manner of publication of banns.

      3. 8. Notice to clergyman before publication of banns.

      4. 9. Persons by whom banns may be published.

      5. 10. Publication of banns commenced in one church and completed in another.

      6. 11. Certificates of publication of banns.

      7. 12. Solemnization of marriage after publication of banns.

      8. 13. Publication of banns in Scotland, Northern Ireland or Republic of Ireland.

      9. 14. Publication of banns on board His Majesty’s ships.

   3. Marriage by Common Licence

      1. 15. Places in which marriages may be solemnized by common licence.

      2. 16. Provisions as to common licences.

   4. Marriage under superintendent registrar’s certificate

      1. 17. Marriage under superintendent registrar’s certificate.

   5. Publication of banns and solemnization of marriages during disuse of churches

      1. 18. Publication of banns and solemnization of marriages during repair and rebuilding of churches.

      2. 19. Publication of banns and solemnization of marriage where church injured by war damage.

   6. Licensing of chapels for publication of banns and solemnization of marriages

      1. 20. Licensing of chapels for publication of banns and solemnization of marriages for persons residing in specified district.

      2. 21. Authorising of publication of banns and solemnization of marriages in churches and chapels of extra-parochial places.

   7. Miscellaneous Provisions

      1. 22. Witnesses.

      2. 23. Benefices held in plurality.

      3. 24. Proof of residence not necessary to validity of marriage by banns or common licence.

      4. 25. Void marriages.

4. Part III Marriage under Superintendent Registrar’s Certificate

   1. Issue of certificates

      1. 26. Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary

      2. 26A. Opt-in to marriage of same sex couples: places of worship

      3. 26B. Opt-in to marriage of same sex couples: other religious ceremonies

      4. 27. Notice of marriage.

      5. 27A. Additional information required in certain cases.

      6. 27B. Provisions relating to section 1(3) marriages.

      7. 27C. Provisions relating to section 1(5) marriages.

      8. 27D. Additional information required for certain marriages of same sex couples

      9. 28. Declaration to accompany notice of marriage.

      10. 28A. Power to require evidence.

      11. 29. Caveat against issue of certificate or licence.

      12. 30. Forbidding of issue of certificate.

      13. 31. Marriage under certificate without licence.

      14. 31A. Appeal on refusal under section 31(2)(a).

      15. 32. Marriage under certificate by licence.

      16. 33. Period of validity of certificate.

      17. 34. Marriages normally to be solemnized in registration district in which one party resides.

      18. 35. Marriages in registration district in which neither party resides.

      19. 36. Superintendent registrar to issue licences only for marriages to be solemnized in his registration district.

      20. 37. One party resident in Scotland.

      21. 38. One party resident in Northern Ireland.

      22. 39. Issue of certificates on board His Majesty’s ships.

      23. 39A. Marriage of former civil partners one of whom has changed sex

      24. 40. Forms of certificates to be furnished by Registrar General.

   2. Marriages in registered buildings

      1. 41. Registration of buildings : marriage of a man and a woman.

      2. 42. Cancellation of registration under section 41: building no longer used

      3. 43. Buildings registered under section 41: appointment of authorised persons

      4. 43A. Registration of buildings: marriage of same sex couples

      5. 43B. Buildings registered under section 43A: appointment of authorised persons

      6. 43C. Cancellation of registration under section 43A

      7. 43D. Regulations about sections 41 and 43 and 43A to 43C

      8. 44. Solemnization of marriage in registered building.

   3. Registration of shared buildings for marriage of same sex couples

      1. 44A. Building subject to Sharing of Church Buildings Act 1969: registration

      2. 44B. Building subject to Sharing of Church Buildings Act 1969: cancellation

      3. 44C. Other shared places of worship: registration and cancellation

      4. 44D. Sections 44A to 44C: supplementary provision

   4. Marriages in register offices

      1. 45. Solemnization of marriage in register office.

      2. 45A. Solemnization of certain marriages.

      3. 46. Register office marriage followed by religious ceremony.

   5. Marriages on approved premises

      1. 46A. Approval of premises.

      2. 46B. Solemnization of marriage on approved premises.

   6. Marriages according to usages of Society of Friends

      1. 47. Marriages according to usages of Society of Friends.

   7. Miscellaneous Provisions

      1. 48. Proof of certain matters not necessary to validity of marriages.

      2. 49. Void marriages.

      3. 49A. Void marriages: additional provision about same sex couples

      4. 50. Person to whom certificate to be delivered.

      5. 51. Fees of registrars for attending marriages.

      6. 52. Provision for marriages in Welsh language.

5. Part IV Registration of Marriages

   1. 53. Persons by whom marriages are to be registered.

   2. 54. Provision of marriage register books by Registrar General.

   3. 55. Manner of registration of marriages.

   4. 56. Power to ask for particulars of marriage.

   5. 57. Quarterly returns to be made to superintendent registrar.

   6. 58. Quarterly returns to be made by superintendent registrar to Registrar General.

   7. 59. Custody of register books.

   8. 60. Filled register books.

   9. 61. Correction of errors in register book.

   10. 62. Disposal of register books on church ceasing to be used for solemnization of marriages.

   11. 63. Searches in register books.

   12. 64. Searches of indexes kept by superintendent registrars.

   13. 65. Searches of indexes kept by Registrar General.

   14. 66. Sending documents by post.

   15. 67. Interpretation of Part IV.

6. Part V Marriages in Naval, Military, and Air Force Chapels

   1. 68. Solemnization of marriages in naval, military, and air force chapels.

   2. 69. Licensing of chapels for marriages according to rites of Church of England.

   3. 70. Registration of chapels for marriages otherwise than according to rites of Church of England.

   4. 70A. Registration of chapels for marriages of same sex couples otherwise than according to rites of Church of England

   5. 71. Evidence of marriages under Part V.

7. Part VI General

   1. 72. Supplementary provisions as to marriages in usual places of worship.

   2. 73. Lists of licensed chapels and registered buildings.

   3. 74. Regulations and approval of electronic forms etc.

   4. 75. Offences relating to solemnization of marriages.

   5. 76. Offences relating to registration of marriages.

   6. 77. Offences by authorised persons.

   7. 78. Interpretation.

   8. 79. Repeals and savings.

   9. 80. Short title, extent and commencement.

8. SCHEDULES

   1. SCHEDULE 1

      Kindred and affinity

      1. Part 1 Prohibited degrees: kindred

         1. 1. (1) The list referred to in section 1(1) is— Adoptive...

      2. Part 2 Degrees of affinity referred to in section 1(2) and (3)

         1. 2. The list referred to in section 1(2) is as follows—...

      3. Part III

         1. 3. The list referred to in section 1(4) is as follows—...

   2. SECOND SCHEDULE

      . . .

   3. THIRD SCHEDULE

   4. FOURTH SCHEDULE

      Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels

      1. Part I Exclusion of Provisions relating to Marriages according to the Rites of the Church of England

         1. Subsection (4) of section six.

         2. Paragraph (b) of subsection (I) of section fifteen.

         3. The proviso to section seventeen.

         4. Section eighteen.

         5. Section twenty.

         6. Subsection (3) of section thirty-five.

         7. The proviso to subsection (1) of section forty-four.

         8. Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as...

      2. Part II Modification of Provisions relating to Marriages according to the Rites of the Church of England

         1. Subsection (1) of section six shall apply as if the...

         2. Subsection (3) of section seven shall apply as if for...

         3. Section eight shall apply as if it required the notice...

         4. Paragraph (a) of subsection (1) of section fifteen shall apply...

         5. Subsection (1) of section sixteen shall apply as if it...

         6. Subsection (3) of section twenty-seven shall apply as if it...

         7. Section fifty shall apply as if for the reference to...

      3. Part III Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

      4. Part IV Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

   5. FIFTH SCHEDULE

      Enactments repealed

      1. Part I

         1. Acts of Parliament repealed

      2. Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   6. SIXTH SCHEDULE

      Provisions of Act which do not extend to Wales

      1. . . .

      2. Section ten.

      3. . . .

      4. Section nineteen.

      5. Subsection (7) of section twenty.

      6. . . .

      7. . . .