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Marriage Act 1949

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Status:

Point in time view as at 01/02/1991.

Changes to legislation:

Marriage Act 1949 is up to date with all changes known to be in force on or before 18 November 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. Help about Changes to Legislation

SCHEDULES

Section 1.

FIRST SCHEDULEE+W Kindred and Affinity

Modifications etc. (not altering text)

Part IE+W

Modifications etc. (not altering text)

Prohibited degrees of relationshipE+W

MotherFa ther
[F1Adoptive mother or former adoptive mother][F1Adoptive father or former adoptive fathe r]
DaughterS on
[F1Adoptive daughter or former adoptive daughter][F1Adoptive son or former adoptive son]
Father’s motherFather’s father
Mother’s motherMother’s father
Son’s daughterSon’s son
Daughter’s daughterDaughter’s son
SisterBro ther
. . . F2 . . . F2
Father’s sisterFather’s brother
Mother’s sisterMother’s brother
Brother’s daughterBrother’s son
Sister’s daughterSister’s son

[F3Part IIE+W

Textual Amendments

Degrees of affinity referred to in section 1(2) and (3) of this ActE+W

Daughter of former wifeSon of former husband
Former wife of fatherFormer husband of mother
Former wife of father’s fatherFormer husband of father’s mother
Former wife of mother’s fatherFormer husband of mother’s mother
Daughter of son of former wifeSon of son of former husband
Daughter of daughter of former wifeSon of daughter of former husband]

[F4Part IIIE+W

Textual Amendments

Degrees of affinity referred to in section 1(4) and (5) of this ActE+W

Mother of former wifeFather of former husband
Former wife of sonFormer husband of daughter]

Section 3.

[F5SECOND SCHEDULEE+W Consents required to the Marriage of [F6a child] by common licence or Superintendent Registrar’s certificate

[F71. WHERE THE PARENTS OF THE CHILD WERE MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH]

Circum stancesPerson or Persons whose consent is required
1. Where both parents are living:
(a) if parents are living together;Both parents.
(b) if parents are divorced or separated by order of any court or by agreement;The parent to whom the custody of [F6the child] is committed by order of the court or by the agreement, or, if the custody of [F6the child] is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents.
(c) if one parent has been deserted by the other;The parent who has been deserted.
(d) if both parents have been deprived of custody of [F6the child] by order of any court.The person to whose custody [F6the child] is committed by order of the court.
2. Where one parent is dead:
(a) if there is no other guardian;The surviving parent.
(b) if a guardian has been appointed by the deceased parent [F8or by the court under section 3 of the Guardianship of Minors Act 1971].The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of [F6the child].
3. Where both parents are dead.The guardians or guardian appointed by the deceased parents or by the court under [F9section 3 or 5 of the M1Guardianship of Minors Act 1971.]

Textual Amendments

F8Words inserted by Children Act 1975 (c. 72, SIF 49:10), s. 108(1)(a), Sch. 3 para. 9

Marginal Citations

[F10 II. X1 Where [F6the Child] is Illegitimate

CircumstancesPerson whose consent is required
If the mother of [F6the child] is alive.The mother, or if she has by order of any court been deprived of the custody of [F6the child], the person to whom the custody of [F6the child] has been committed by order of the court.
If the mother of [F6the child] is dead.The guardian appointed by the mother.]]

Editorial Information

X1Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)

Textual Amendments

F10Sch. 2 Pt. II headed “WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH” substituted (prosp.) for Pt. II headed “Where the Child is Illegitimate” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 9, 34(2)(5)

[F10 II. X1 WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH

Circums tancesPerson or persons whose consent is required
1. Where both parents are alive:
(a) if the father has been given by an order of any court the right to the actual custody of the child or the right to consent to the marriage of the child, or both those rights;The mother and the father.
(b) if the father has not been given either of those rights.The mother.
2. Where the mother is dead:
(a) if the father is a guardian under the Guardianship of Minors Act M21971 and there is no other guardian;The father.
(b) if the father is a guardian as mentioned in paragraph (a) above and another guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971;The father and the guardian if acting jointly, or the father or the guardian if the father or guardian is the sole guardian of the child.
(c) if the father is not a guardian and a guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971.The guardian.
3. Where the father is dead:
(a) if there is no other guardian;The mother.
(b) if a guardian has been appointed by the father or by the court under the Guardianship of Minors Act 1971.The mother and the guardian if acting jointly, or the mother or the guardian if the mother or guardian is the sole guardian of the child.
4. Where both parents are dead.The guardian or guardians appointed by the mother or father or by the court under the Guardianship of Minors Act 1971.

Marginal Citations

M21971 c. 3 (49:9).

In this Part of this Schedule “actual custody”, in relation to a child, means actual possession of his person.]

Section 68.

F11THIRD SCHEDULEE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sections 69, 70.

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

Part IE+W Exclusion of Provisions relating to Marriages according to the Rites of the Church of England

Subsection (4) of section six.

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

The proviso to section seventeen.

Section eighteen.

Section twenty.

Subsection (3) of section thirty-five.

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

Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as those sections relate to the registration of marriages by clergymen and to the duties of incumbents in relation to marriage register books.

Part IIE+W Modification of Provisions relating to Marriages according to the Rites of the Church of England

Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.

Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.

Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statment that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act for the purpose of registering marriages, in whose presence the marriage is solemnized.

Part IIIE+W Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

The proviso to section seventeen.

The proviso to subsection (2) of section twenty-six.

Section forty-one.

Section forty-two. [F12The proviso to subsection (1) of section forty-three.]

Textual Amendments

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

Part IVE+W Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

Sections forty-three, forty-four and fifty-four shall apply as if for any reference to the trustees or governing body of a building there were substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.

Section 79.

FIFTH SCHEDULEE+W Enactments repealed

Part IE+W

Acts of Parliament repealedE+W

Session and ChapterShort TitleExtent of Repeal
. . . F13 . . . F13 . . . F13
62 & 63 Vict. c.27.The Marriages Validity Act, 1899.The whole Act so far as it relates to marriages solemnized in England.
. . . F13 . . . F13 . . . F13
8 Edw. 7, c.26.The Naval Marriages Act, 1908.The whole Act so far as it relates to marriages solemnized in England.
. . . F13 . . . F13 . . . F13
2 & 3 Geo. 6, c.33.The Marriage Act, 1939Section one, so far as it relates to marriages solemnized in England
. . . F13 . . . F13 . . . F13

Textual Amendments

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W

Textual Amendments

Section 80.

SIXTH SCHEDULEE+W Provisions of Act which do not extend to Wales

. . . F15

Section ten.

. . . F15

Section nineteen.

Subsection (7) of section twenty.

. . . F16

Textual Amendments

. . . F15

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