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Marriage Act 1949
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Changes over time for: Section 35
Version Superseded: 01/01/2001
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35 Marriages in registration district in which neither party resides.E+W
(1)A superintendent registrar may issue a certificate, or if the marriage is to be by licence, a certificate and a licence, for the solemnization of a marriage in a registered building which is not within a registration district in which either of the persons to be married resides, where the person giving the notice of marriage declares by endorsement thereon in the prescribed form—
[F1(a)that the persons to be married desire the marriage to be solemnized according to a specified form, rite or ceremony, being a form, rite or ceremony of a body or denomination of christians or other persons meeting for religious worship to which one of them professes to belong.]
(b)that, to the best of his or her belief, there is not within the registration district in which one of them resides any registered building in which marriage is solemnized according to that form, rite or ceremony;
(c)the registration district nearest to the residence of that person in which there is a registered building in which marriage may be so solemnized; and
(d)the registered building in that district in which the marriage is intended to be solemnized;
and where any such certificate or certificate and licence is issued, the marriage may be solemnized in the registered building stated in the notice.
[F2(2)A superintendent registrar may issue a certificate or, if the marriage is to be by licence, a certificate and a licence, for the solemnization of a marriage in a registered building which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the building is not within a registration district in which either of those persons resides.]
[F3(2A)A superintendent registrar may issue a certificate or, if the marriage is to be by licence, a certificate and licence, for the solemnization of a marriage in the office of another superintendent registrar, notwithstanding that the office is not within a registration district in which either of the persons to be married resides.]
[F4(2B)A superintendent registrar may issue a certificate or, if the marriage is to be by licence, a certificate and licence, for the solemnization of a marriage on approved premises, notwithstanding that the premises are not within a registration district in which either of the persons to be married resides.]
(3)A superintendent registrar may issue a certificate for the solemnization of a marriage in any parish church or authorised chapel which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the church or chapel is not within a registration district in which either of those persons resides.
(4)A superintendent registrar may issue a certificate or, if the marriage is to be by licence, a certificate and a licence, for the solemnization of a marriage according to the usages of the Society of Friends or in accordance with the usages of persons professing the Jewish religion, notwithstanding that the building or place in which the marriage is to be solemnized is not within a registration district in which either of the persons to be married resides.
(5)Where a marriage is intended to be solemnized on the authority of a certificate of a superintendent registrar issued under subsection (2) or subsection (3) of this section, the notice of marriage given to the superintendent registrar and the certificate issued by the superintendent registrar shall state, in addition to the description of the registered building or, as the case may be, the parish church or authorised chapel, in which the marriage is to be solemnized, that it is the usual place of worship of the persons to be married or of one of them and, in the latter case, shall state the name of the person whose usual place of worship it is.
Textual Amendments
F1S. 35(1)(a) substituted by Marriage Act 1949 (Amendment) Act 1954 (c. 47), s. 2
F2S. 35(2) substituted by Marriage Act 1949 (Amendment) Act 1954 (c. 47), s. 1
F3S. 35(2A) inserted (1.1.1995) by 1994 c. 34, s. 2(1); S.I. 1994/3116, art. 2(a)
F4S. 35(2B) inserted (1.4.1995) by 1994 c. 34, s. 2(1); S.I. 1995/424, art. 2(2)
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