Marriage Act 1949

Part I E+W Restrictions on Marriage

1 Marriages within prohibited degrees. E+W

(1) A marriage solemnized [F1 between a person and any person mentioned in the list in Part 1 of Schedule 1], shall be void.

[F2 (2) Subject to subsection (3) of this section, a marriage solemnized [F3 between a person and any person mentioned in the list in Part 2 of Schedule 1], shall be void.

(3) Any such marriage as is mentioned in subsection (2) of this section shall not be void by reason only of affinity if both the parties to the marriage have attained the age of twenty-one at the time of the marriage and the younger party has not at any time before attaining the age of eighteen been a child of the family in relation to the other party.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 1(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 13(2); S.I. 2005/3175, art. 2(2)

F2 S. 1(2)–(5) inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(6), Sch. 1 para. 2: original s. 1(2)(3) repealed by Marriage (Enabling) Act 1960 (c. 29), Sch.

F3 Words in s. 1(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 13(3); S.I. 2005/3175, art. 2(2)

F4 S. 1(4)-(8) omitted (1.3.2007) by virtue of The Marriage Act 1949 (Remedial) Order 2007 (S.I. 2007/438), arts. 1(1), 2(a) (with art. 1(2))

2 Marriages of persons under [F5 eighteen]. E+W

A marriage solemnized between persons either of whom is under the age of [F6 eighteen] shall be void.

Textual Amendments

F5 Word in s. 2 heading substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 1(2)(a), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F6 Word in s. 2 substituted (27.2.2023) by Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 1(2)(b), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

[F7 2A Marriages of whole life prisoners E+W

(1) A person (“A”) may not marry another person if A—

(a) is serving a life sentence in a prison or other place of detention, and

(b) is subject to a whole life order.

(2) But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person.

(3) The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given.

(4) A marriage solemnized in contravention of subsection (1) is void.

(5) In this section—

• “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997;

• “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person.

(6) A person is to be treated for the purposes of this section as being subject to a whole life order if—

(a) the person is serving a life sentence passed before 18 December 2003,

(b) the sentence was passed in circumstances where the sentence was fixed by law,

(c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and

(d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).]

Textual Amendments

F7 S. 2A inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(1), 81(2); S.I. 2024/846, reg. 2(a)

F8 3 Marriages of persons under twenty-one. E+W

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Textual Amendments

F8 S. 3 omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), ss. 1(3), 7(1) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

Modifications etc. (not altering text)

C1 S. 3 extended by Family Law Reform Act 1969 (c. 46), s. 2(3); applied with modification by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 6

C2 S. 3 applied (with modifications) (4.5.2021) by 1956 c. 70, s. 1(3) (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 53(2) (with Sch. 2))

F9 4 Hours for solemnization of marriages. E+W

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Textual Amendments

F9 S. 4 repealed (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 114(1)(a), 120, Sch. 10 Pt. 11 (with s. 97); S.I. 2012/2234, art. 3(m)