- Latest available (Revised)
- Point in Time (13/03/2014)
- Original (As enacted)
Version Superseded: 01/09/2014
Point in time view as at 13/03/2014.
Marriage Act 1949, Cross Heading: Miscellaneous Provisions is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Where any marriage has been solemnized under the provisions of this Part of this Act, it shall not be necessary in support of the marriage to give any proof—
(a)that before the marriage either of the parties thereto resided, or resided for any period, in the registration district stated in the [F1notices] of marriage to be that of his or her place of residence;
(b)that any person whose consent to the marriage was required by section three of this Act had given his consent;
(c)that the registered building in which the marriage was solemnized had been certified as required by law as a place of religious worship;
(d)that that building was the usual place of worship of either of the parties to the marriage; F2...
[F3(da)that, in the case of a marriage under section 26B(2), (4) or (6), the relevant governing authority had given consent as mentioned in section 26B(2)(b), (4)(b) or (6)(d);]
(e)that the facts stated in a declaration made under subsection (1) of section thirty-five of this Act were correct; [F4or
(ea)that, in the case of a marriage under section 26A, the relevant governing authority had given consent as mentioned in section 26A(3);]
nor shall any evidence be given to prove the contrary in any proceedings touching the validity of the marriage.
(2)A marriage solemnized in accordance with the provisions of this Part of this Act in a registered building which has not been certified as required by law as a place of religious worship shall be as valid as if the building had been so certified.
Textual Amendments
F1Word in s. 48(1)(a) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 26; S.I. 2000/2698, art. 2
F2Word in s. 48(1)(d) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(a); S.I. 2014/93, art. 3(k)(i)
F3S. 48(1)(da) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(b); S.I. 2014/93, art. 3(k)(i)
F4S. 48(1)(ea) and word inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(c); S.I. 2014/93, art. 3(k)(i)
Modifications etc. (not altering text)
C1S. 48 applied with modifications by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 12
If any persons knowingly and wilfully intermarry under the provisions of this Part of this Act—
(a)without having given due notice of marriage to the superintendent registrar;
(b)without a certificate for marriage having been duly issued [F5,in respect of each of the persons to be married,] by the superintendent registrar to whom notice of marriage was given;
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)on the authority of [F7certificates which are] void by virtue of subsection (2) of section thirty-three of this Act;
(e)in any place other than the church, chapel, registered building, office or other place specified in the [F8notices] of marriage and [F8certificates] of the superintendent registrar;
[F9(ee)in the case of a marriage purporting to be in pursuance of section 26(1)(bb) of this Act, on any premises that at the time the marriage is solemnized are not approved premises;]
(f)in the case of a marrige in a registered building (not being a marriage in the presence of an authorised person), in the absence of a registrar of the registration district in which the registered building is situated; F10...
(g)in the case of a marriage in the office of a superintendent registrar, in the absence of the superintendent registrar or of a registrar of the registration district of that superinentdent registrar; F10[F11...
[F12(gg)in the case of a marriage on approved premises, in the absence of the superintendent registrar of the registration district in which the premises are situated or in the absence of a registrar of that district; or]
(h)in the case of a marriage to which section 45A of this Act applies, in the absence of any superintendent registrar or registrar whose presence at that marriage is required by that section;]
the marriage shall be void.
Textual Amendments
F5Words in s. 49(b) inserted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(a); S.I. 2000/2698, art. 2
F6S. 49(c) repealed (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(b); S.I. 2000/2698, art. 2
F7Words in s. 49(d) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(c); S.I. 2000/2698, art. 2
F8Words in s. 49(e) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(d); S.I. 2000/2698, art. 2
F9S. 49(ee) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 3(a); S.I. 1995/424, art. 2(2)(c)
F10Word in s. 49(f)(g) omitted (1.4.1995) by virtue of 1994 c. 34, s. 1(3), Sch. para. 3(b); S.I. 1995/424, art. 2(2)(c)
F11S. 49(h) and word “or” immediately preceding it inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 13
F12S. 49(gg) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 3(c); S.I. 1995/424, art. 2(2)(c)
Modifications etc. (not altering text)
C2S. 49 applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 13
(1)If a same sex couple knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void.
(2)In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—
(a)section 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);
(b)section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;
[F14(ba)section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;]
(c)section 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;
(d)section 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;
(e)section 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage.]
Textual Amendments
F13S. 49A inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 15; S.I. 2014/93, art. 3(k)(i)
(1)Where a marriage is intended to be solemnized on the authority of [F15certificates] of a superintendent registrar, F16. . . the certificates shall be delivered to the following person, that is to say:—
(a)if the marrige is to be solemnized in a registered building [F17or at a person’s residence] in the presence of a registrar, that registrar;
(b)if the marriage is to be solemnized in a registered building without the presence of a registrar, the authorised person in whose presence the marriage is to be solemnized;
(c)if the marriage is to be solemnized in the office of a superintendent registrar, the registrar in whose presence the marriage is to be solemnized;
[F18(cc)if the marriage is to be solemnized on approved premises, the registrar in whose presence the marriage is to be solemnized;]
(d)if the marriage is to be solemnized according to the usages of the Society of Friends, the registering officer of that Society for the place where the marriage is to be solemnized;
(e)if the marriage is to be solemnized according to the usages of persons professing the Jewish religion, the officer of a synagogue by whom the marriage is required to be registered under Part IV of this Act;
(f)if the marriage is to be solemnized according to the rites of the Church of England, the officiating clergyman.
F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Where a marriage is solemnized in a registered building without the presence of a registrar, the [F20certificates] shall be kept in the prescribed custody and shall be produced with the marriage register books kept by the authorised person under Part IV of this Act as and when required by the Registrar General.
Textual Amendments
F15Word in s. 50(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(a); S.I. 2000/2698, art. 2
F16Words in s. 50(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(a), Sch. 16; S.I. 2000/2698, art. 2
F17Words inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 14
F18S. 50(1)(cc) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 4; S.I. 1995/424, art. 2(2)(c)
F19S. 50(2) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(b), Sch. 16; S.I. 2000/2698, art. 2
F20Word in s. 50(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(c); S.I. 2000/2698, art. 2
[F21(1)]A registrar shall be entitled to receive from persons married under this Part of this Act in his presence F22. . . the sum of [F23£45.00] [F23£84.00] [F23£79.00][F23£86.00].
[F24(1A)In the case of persons married on approved premises in pursuance of section 26(1)(bb) of this Act—
(a)subsection (1) of this section shall not apply, but
(b)the superintendent registrar in whose presence the persons are married shall be entitled to receive from them a fee of an amount determined in accordance with regulations under section 46A of this Act by the local authority that approved the premises.]
[F25(2)A superintendent registrar shall be entitled to receive from persons married in his presence in pursuance of section 26(1)(dd) of this Act the sum of [F26£82.00] [F26£93.00]].
Textual Amendments
F21S. 51(1): s. 51 renumbered as s. 51(1) (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 15
F22Words in s. 51(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 29, Sch. 16; S.I. 2000/2698, art. 2
F23S. 51(1): it is provided that from 1.4.2012 the fee of registrar for attending marriage (a) at register office is £45 and (b) at registered building is £84, at the place where a house-bound person usually resides is £79 and at a place where a detained person usually resides is £86 by The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts. 1(1), 2, Sch. (as amended (1.4.2012) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2012 (S.I. 2012/760), arts. 1, 3, 4)
F24S. 51(1A) inserted (24.2.1995) by 1994 c. 34, s. 1(3), Sch. para. 5; S.I. 1995/424, art. 2(1)(b)
F25S. 51(2) added (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 15
F26S. 51(2): it is provided that from 1.4.2012 the fee of superintendent registrar attending marriage at the place where (a) a house-bound person usually resides is £82 and (b) where a detained person usually resides is £93 by The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts. 1(1), 2, Sch. (as amended (1.4.2012) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2012 (S.I. 2012/760), arts. 1, 3, 4)
The Registrar General shall furnish to every registrar in Wales and in every place in which the Welsh language is commonly used a true and exact translation into the Welsh language of the [F27declarations and forms of words] required to be used under section forty-four of this Act, and the said translation may be used in any place in which the Welsh language is commonly used in the same manner as is prescribed by the said section forty-four for the use of the [F27declarations and forms of words] in the English language.
Textual Amendments
F27Words in s. 52 substituted (1.2.1997) by 1996 c. 34, s. 1(3); S.I. 1996/2506, art. 2
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: