Search Legislation

Marriage Act 1949

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Marriage Act 1949 (Schedules only)

 Help about opening options

Version Superseded: 01/03/2007

Status:

Point in time view as at 05/12/2005.

Changes to legislation:

Marriage Act 1949 is up to date with all changes known to be in force on or before 01 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.

[F1FIRST SCHEDULEE+W Kindred and Affinity

Textual Amendments

F1Sch. 1 substituted (5.12.2005 for the purposes of Sch. 1 Pts. 1, 2 only) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 17; S.I. 2005/3175, art. 2(2)(5)

Modifications etc. (not altering text)

Part IE+W

Modifications etc. (not altering text)

Prohibited degrees of relationshipE+W

MotherFather
[F2Adoptive mother or former adoptive mother][F2Adoptive father or former adoptive father]
DaughterSon
[F2Adoptive daughter or former adoptive daughter][F2Adoptive 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
F3. . . F3. . .
Father’s sisterFather’s brother
Mother’s sisterMother’s brother
Brother’s daughterBrother’s son
Sister’s daughterSister’s son

[F4Part 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]

[F5Part 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]]

[F1SCHEDULE 1E+WKindred and affinity

Part 1E+WProhibited degrees: kindred

1(1)The list referred to in section 1(1) is—E+W

  • Adoptive child

  • Adoptive parent

  • Child

  • Former adoptive child

  • Former adoptive parent

  • Grandparent

  • Grandchild

  • Parent

  • Parent’s sibling

  • Sibling

  • Sibling’s child

(2)In the list “sibling” means a brother, sister, half-brother or half-sister.

Part 2E+WDegrees of affinity referred to in section 1(2) and (3)

2E+WThe list referred to in section 1(2) is as follows—

  • Child of former civil partner

  • Child of former spouse

  • Former civil partner of grandparent

  • Former civil partner of parent

  • Former spouse of grandparent

  • Former spouse of parent

  • Grandchild of former civil partner

  • Grandchild of former spouse

Part 3E+WDegrees of affinity referred to in section 1(4) and (5)

3E+WThe list referred to in section 1(4) is as follows—

  • Parent of former spouse

  • Parent of former civil partner

  • Former spouse of child

  • Former civil partner of child.]

Section 3.

F6SECOND SCHEDULEE+WF6 . . .

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

Textual Amendments

Section 68.

THIRD SCHEDULEE+W . . . F7

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.

F8. . ..

Textual Amendments

F8Words in Sch. 4 Pt. 3 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 32, Sch. 16; S.I. 2000/2698, art. 2

Section forty-one.

Section forty-two. [F9The proviso to subsection (1) of section forty-three.]

Textual Amendments

F9Words in Sch. 4 Pt. 3 inserted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(2)

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
. . . F10 . . . F10 . . . F10
62 & 63 Vict. c.27.The Marriages Validity Act, 1899.The whole Act so far as it relates to marriages solemnized in England.
. . . F10 . . . F10 . . . F10
8 Edw. 7, c.26.The Naval Marriages Act, 1908.The whole Act so far as it relates to marriages solemnized in England.
. . . F10 . . . F10 . . . F10
2 & 3 Geo. 6, c.33.The Marriage Act, 1939Section one, so far as it relates to marriages solemnized in England
. . . F10 . . . F10 . . . F10

Textual Amendments

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11E+W

Textual Amendments

Section 80.

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

. . . F12

Section ten.

. . . F12

Section nineteen.

Subsection (7) of section twenty.

. . . F13

Textual Amendments

. . . F12

Back to top

Options/Help