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Marriage Act 1949
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Changes over time for: Section 38
Version Superseded: 01/01/2001
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- 01/02/1991- Amendment
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- 01/03/2015- Amendment
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38 One party resident in Northern Ireland.U.K.
(1)Where a marriage is intended to be solemnized in England on the authority of a certificate of a superintendent registrar without licence between parties of whom one is residing in Northern Ireland and the other is residing in England, the party residing in Northern Ireland may give notice of marriage in the form used for that purpose in Northern Ireland or to the like effect to the registrar of the district in Northern Ireland in which he or she has resided for not less than seven days immediately before the giving of the notice.
(2)Any such notice as aforesaid shall state the name and surname, marital status, occupation, age and place of residence of each of the persons to be married and the period, not being less than seven days, during which each of them has resided in that place and the [F1church or other building in which][F1place where] the marriage is to be solemnized:
Provided that if either of the persons to be married has resided in the place stated in the notice for more than one month, the notice may state that he or she has resided there for more than one month.
(3)Any such notice as aforesaid shall be dealt with, and a certificate for marriage issued by the registrar, in the manner prescribed by the M1Marriages (Ireland) Act, 1844, as amended by the M2Marriages (Ireland) Act, 1846, and the M3Marriage Law (Ireland) Amendment Act, 1863:
Provided that the registrar shall not issue a certificate until the expiration of twenty-one days from the day on which the notice was entered in the marriage notice book required to be kept under the said Marriages (Ireland) Act, 1844.
(4)The production to the person by whom the marriage is to be solemnized of a certificate issued under the last foregoing subsection shall be as valid for authorising that person to solemnize the marriage as the production of a certificate for marriage of a superintendent registrar of a registration district in England would be in the case of a person residing in that district.
Textual Amendments
F1Words “place where” substituted (E.W.) for words “church or other building in which” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 9
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