Marriage Act 1949

48 Proof of certain matters not necessary to validity of marriages. E+W

(1) Where any marriage has been solemnized under the provisions of this Part of this Act, it shall not be necessary in support of the marriage to give any proof—

(a) that before the marriage either of the parties thereto resided, or resided for any period, in the registration district stated in the [F1 notices] of marriage to be that of his or her place of residence;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) that the registered building in which the marriage was solemnized had been certified as required by law as a place of religious worship;

(d) that that building was the usual place of worship of either of the parties to the marriage; F3 ...

[F4 (da) that, in the case of a marriage under section 26B(2), (4) or (6), the relevant governing authority had given consent as mentioned in section 26B(2)(b), (4)(b) or (6)(d);]

(e) that the facts stated in a declaration made under subsection (1) of section thirty-five of this Act were correct; F5 [F6 ...

(ea) that, in the case of a marriage under section 26A, the relevant governing authority had given consent as mentioned in section 26A(3);] [F7 or

(eb) that, in the case of a marriage to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.]

nor shall any evidence be given to prove the contrary in any proceedings touching the validity of the marriage.

(2) A marriage solemnized in accordance with the provisions of this Part of this Act in a registered building which has not been certified as required by law as a place of religious worship shall be as valid as if the building had been so certified.

Textual Amendments

F1 Word in s. 48(1)(a) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 26; S.I. 2000/2698, art. 2

F2 S. 48(1)(b) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 1(7) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F3 Word in s. 48(1)(d) omitted (13.3.2014) by virtue of Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(a); S.I. 2014/93, art. 3(k)(i)

F4 S. 48(1)(da) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(b); S.I. 2014/93, art. 3(k)(i)

F5 Word in s. 48(1)(e) omitted (1.3.2015) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 14(a) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F6 S. 48(1)(ea) and word inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 14(c); S.I. 2014/93, art. 3(k)(i)

F7 S. 48(1)(eb) and word inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 14(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

Modifications etc. (not altering text)

C1 S. 48 applied with modifications by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 12