Marriage Act 1949
Part I Restrictions on Marriage
1 Marriages within prohibited degrees.
2Marriages of persons under eighteen.
3Marriages of persons under twenty-one.
4 Hours for solemnization of marriages.
Part II Marriage according to Rites of the Church of England
Preliminary
5 Methods of authorising marriages.
5A Marriages between certain persons related by affinity.
5BMarriages involving person of acquired gender
Marriage by banns
6 Place of publication of banns.
7 Time and manner of publication of banns.
8 Notice to clergyman before publication of banns.
9 Persons by whom banns may be published.
10 Publication of banns commenced in one church and completed in another.
11 Certificates of publication of banns.
12 Solemnization of marriage after publication of banns.
13 Publication of banns in Scotland, Northern Ireland or Republic of Ireland.
14 Publication of banns on board His Majesty’s ships.
Marriage by Common Licence
15 Places in which marriages may be solemnized by common licence.
16Provisions as to common licences.
Marriage under marriage schedule
17 Marriage under marriage schedule.
Publication of banns and solemnization of marriages during disuse of churches
18 Publication of banns and solemnization of marriages during repair and rebuilding of churches.
19 Publication of banns and solemnization of marriage where church injured by war damage.
Licensing of chapels for publication of banns and solemnization of marriages
20 Licensing of chapels for publication of banns and solemnization of marriages for persons residing in specified district.
21 Authorising of publication of banns and solemnization of marriages in churches and chapels of extra-parochial places.
Issue of marriage document after publication of banns or the grant of a special or common licence
21AIssue of marriage document after publication of banns or the grant of a special or common licence
Miscellaneous Provisions
22 Witnesses.
23 Benefices held in plurality.
24 Proof of residence not necessary to validity of marriage by banns or common licence.
25Void marriages.
Part III Marriage under marriage schedule
Issue of a marriage schedule
26Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary
26AOpt-in to marriage of same sex couples: places of worship
26BOpt-in to marriage of same sex couples: other religious ceremonies
27 Notice of marriage.
27ZACircumstances in which a notice of marriage is not to be recorded in the marriage register
27A Additional information required in certain cases.
27B Provisions relating to section 1(3) marriages.
27C Provisions relating to section 1(5) marriages.
27DAdditional information required for certain marriages of same sex couples
27EAdditional information if party not relevant national
28Declaration to accompany notice of marriage.
28APower to require evidence of consent to marriages of same sex couples
28BProvision of evidence
28CAdditional evidence if party not relevant national
28DChange of usual address or UK contact address
28ERejection of false information or evidence
28FAmendment of notice and evidence provisions
28GSpecified evidence
28HReferral of proposed marriage to Secretary of State
29 Caveat against issue of marriage schedule.
30Forbidding of issue of marriage schedule.
31Marriage under marriage schedule.
31ZANotice of marriage: false information or evidence
31A Appeal on refusal under section 31(2)(a) or 31ZA.
32 Marriage under certificate by licence.
33 Period of validity of marriage schedule.
34 Marriages normally to be solemnized in registration district in which one party resides.
35 Marriages in registration district in which neither party resides.
36 Superintendent registrar to issue licences only for marriages to be solemnized in his registration district.
37 One party resident in Scotland.
38 One party resident in Northern Ireland.
39 Issue of certificates on board His Majesty’s ships.
39AMarriage of former civil partners one of whom has changed sex
40 Forms of certificates to be furnished by Registrar General.
Marriages in registered buildings
41 Registration of buildings : marriage of a man and a woman.
42Cancellation of registration under section 41: building no longer used
43 Buildings registered under section 41: appointment of authorised persons
43ARegistration of buildings: marriage of same sex couples
43BBuildings registered under section 43A: appointment of authorised persons
43CCancellation of registration under section 43A
43DRegulations about sections 41 and 43 and 43A to 43C
44 Solemnization of marriage in registered building.
Registration of shared buildings for marriage of same sex couples
44ABuilding subject to Sharing of Church Buildings Act 1969: registration
44BBuilding subject to Sharing of Church Buildings Act 1969: cancellation
44COther shared places of worship: registration and cancellation
44DSections 44A to 44C: supplementary provision
Marriages in register offices
45 Solemnization of marriage in register office.
45A Solemnization of certain marriages.
46 Register office marriage followed by religious ceremony.
Marriages on approved premises
46A Approval of premises.
46B Solemnization of marriage on approved premises.
Marriages according to usages of Society of Friends
47 Marriages according to usages of Society of Friends.
Miscellaneous Provisions
48Proof of certain matters not necessary to validity of marriages.
49 Void marriages.
49AVoid marriages: additional provision about same sex couples
50 Person to whom marriage schedule to be delivered.
51 Fees of superintendent registrars for attending marriages in approved premises
52 Provision for marriages in Welsh language.
Part IV Registration of Marriages
53 Persons by whom marriages are to be registered.
53ARegister of marriages
53BSigning of a marriage document
53CSigning of a marriage schedule
53DRegistration of marriage
53ERegistration of marriage where documentation lost or destroyed
54 Provision of marriage register books by Registrar General.
55 Manner of registration of marriages.
56 Power to ask for particulars of marriage.
57 Quarterly returns to be made to superintendent registrar.
58 Quarterly returns to be made by superintendent registrar to Registrar General.
59 Custody of register books.
60 Filled register books.
61 Correction of errors in register book.
62 Disposal of register books on church ceasing to be used for solemnization of marriages.
63 Searches in register books.
64 Searches of indexes kept by superintendent registrars.
65 Searches of indexes kept by Registrar General.
65ASearches and records of information: additional provision
66 Sending documents by post.
67 Interpretation of Part IV.
Part V Marriages in Naval, Military, and Air Force Chapels
68 Solemnization of marriages in naval, military, and air force chapels.
69 Licensing of chapels for marriages according to rites of Church of England.
70 Registration of chapels for marriages otherwise than according to rites of Church of England.
70ARegistration of chapels for marriages of same sex couples otherwise than according to rites of Church of England
71 Evidence of marriages under Part V.
Part VI General
71AFees
72 Supplementary provisions as to marriages in usual places of worship.
73 Lists of licensed chapels and registered buildings.
74Regulations and approval of electronic forms etc.
75Offences relating to solemnization of marriages.
76 Offences relating to registration of marriages.
76AOffence of failing to attend premises in compliance with a section 53D(8) or section 53E(10) notice
77 Offences by authorised persons.
78 Interpretation.
79 Repeals and savings.
80 Short title, extent and commencement.
SCHEDULES
SCHEDULE 1Kindred and affinity
Part 1Prohibited degrees: kindred
1(1) The list referred to in section 1(1) is— Adoptive...
Part 2Degrees of affinity referred to in section 1(2) and (3)
2The list referred to in section 1(2) is as follows—...
Part III
3The list referred to in section 1(4) is as follows—...
SECOND SCHEDULE . . .
THIRD SCHEDULE
SCHEDULE 3AModifications if proposed marriage referred under section 28H
Introduction
1(1) These are the modifications subject to which this Act...
No marriage schedule to be issued until decision about investigation etc
2(1) The duty under section 31(2) to issue a marriage...
Marriage to be investigated: extension of waiting period to 70 days
3(1) The modifications in this paragraph have effect if the...
Effect of reducing statutory period
4(1) This paragraph applies if— (a) the Secretary of State...
FOURTH SCHEDULE Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
Part I Exclusion of Provisions relating to Marriages according to the Rites of the Church of England
Part II Modification of Provisions relating to Marriages according to the Rites of the Church of England
Part III Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Part IV Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
FIFTH SCHEDULE Enactments repealed
Part I
Acts of Parliament repealed
Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SIXTH SCHEDULE Provisions of Act which do not extend to Wales

Marriage Act 1949

1949 c. 76

An Act to consolidate certain enactments relating to the solemnization and registration of marriages in England with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949.

Annotations:
Commencement Information
I1

Act wholly in force at 1.1.1950 see s. 80(4)

Modifications etc. (not altering text)
C1

Act extended to border parishes by Marriage (Wales and Monmouthshire) Act 1962 (c. 32), s. 2

C2

Act applied with modifications by Sharing of Church Buildings Act 1969 (c. 38), s. 6, Sch. 1

C4

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5

By S.I. 1978/1844, art. 12 the Act has effect as if The Isles (i.e. The Isles of Scilly as defined in art. 2(1) ) were a non-metropolitan county