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Marriage Act 1949

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Changes over time for: Section 38

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Version Superseded: 01/03/2015

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Point in time view as at 16/11/2009. This version of this provision has been superseded. Help about Status

Changes to legislation:

Marriage Act 1949, Section 38 is up to date with all changes known to be in force on or before 04 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

38 One party resident in Northern Ireland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F1certificates] of a superintendent registrar F2. . . 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 [F3, place of residence and nationality] 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 [F4church or other building in which][F4place 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 [F515] 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

F1Word in s. 38(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(a); S.I. 2000/2698, art. 2

F2Words in s. 38(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(b), Sch. 16; S.I. 2000/2698, art. 2

F3Words in s. 38(2) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(3); S.I. 2000/2698, art. 2

F4Words “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

F5Words in s. 38(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(4); S.I. 2000/2698, art. 2

Marginal Citations

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