Marriage Act 1949

46 Register office marriage followed by religious ceremony. E+W

(1) If the parties to a [F1 relevant marriage] desire to add the religious ceremony ordained or used by the church or persuasion of which they are members, they may present themselves, after giving notice of their intention so to do, to the clergyman or minister of the church or persuasion of which they are members, and the clergyman or minister, upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the church or chapel of which he is the regular minister the marriage service of the church or persuasion to which be belongs or nominate some other minister to do so.

[F2 (1A) In this section “relevant marriage” means—

(a) the marriage of a man and a woman solemnized in the presence of a superintendent registrar,

(b) the marriage of a same sex couple solemnized in the presence of a superintendent registrar, and

(c) a marriage which arises from the conversion of a civil partnership under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.

(1B) This section does not authorise the marriage service of the Church of England to be read or celebrated in the case of a relevant marriage of a same sex couple.

(1C) This section does not authorise any other marriage service to be read or celebrated in the case of a relevant marriage of a same sex couple unless the relevant governing authority has given written consent to the reading or celebration of that service in the case of such marriages.

(1D) For that purpose—

• “relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;

• “relevant religious organisation” means the religious organisation whose marriage service is to be read or celebrated.]

(2) Nothing in the reading or celebration of a marriage service under this section shall supersede or invalidate any marriage previously [F3 solemnised in the presence of a superintendent registrar], and the reading or celebration shall not be entered as a marriage in any marriage register book kept under Part IV of this Act.

(3) No person who is not entitled to solemnize marriages according to the rites of the Church of England shall by virtue of this section be entitled to read or celebrate the marriage service in any church or chapel of the Church of England.

Textual Amendments

F1 Words in s. 46(1) substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 13(2); S.I. 2014/93, art. 3(k)(i)

F2 S. 46(1A)-(1D) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 13(3); S.I. 2014/93, art. 3(k)(i)

F3 Words “solemnised in the presence of a superintendent registrar” substituted (E.W.) for words “solemnized in the office of a superintendant registrar” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 12

Modifications etc. (not altering text)

C1 S. 46(2)(3) applied by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 11(2)