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Marriage Act 1949
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Changes over time for: Section 49
Version Superseded: 04/05/2021
Alternative versions:
- 01/02/1991- Amendment
- 01/04/1995- Amendment
- 01/01/2001- Amendment
- 01/01/2001
Point in time - 04/05/2021- Amendment
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Marriage Act 1949, Section 49 is up to date with all changes known to be in force on or before 23 December 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.
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49 Void marriages. E+W
If any persons knowingly and wilfully intermarry under the provisions of this Part of this Act—
(a)without having given due notice of marriage to the superintendent registrar;
(b)without a certificate for marriage having been duly issued [F1,in respect of each of the persons to be married,] by the superintendent registrar to whom notice of marriage was given;
F2(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)on the authority of [F3certificates which are] void by virtue of subsection (2) of section thirty-three of this Act;
(e)in any place other than the church, chapel, registered building, office or other place specified in the [F4notices] of marriage and [F4certificates] of the superintendent registrar;
[F5(ee)in the case of a marriage purporting to be in pursuance of section 26(1)(bb) of this Act, on any premises that at the time the marriage is solemnized are not approved premises;]
(f)in the case of a marrige in a registered building (not being a marriage in the presence of an authorised person), in the absence of a registrar of the registration district in which the registered building is situated; F6...
(g)in the case of a marriage in the office of a superintendent registrar, in the absence of the superintendent registrar or of a registrar of the registration district of that superinentdent registrar; F6[F7...
[F8(gg)in the case of a marriage on approved premises, in the absence of the superintendent registrar of the registration district in which the premises are situated or in the absence of a registrar of that district; or]
(h)in the case of a marriage to which section 45A of this Act applies, in the absence of any superintendent registrar or registrar whose presence at that marriage is required by that section;]
the marriage shall be void.
Textual Amendments
F1Words in s. 49(b) inserted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(a); S.I. 2000/2698, art. 2
F2S. 49(c) repealed (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(b); S.I. 2000/2698, art. 2
F3Words in s. 49(d) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(c); S.I. 2000/2698, art. 2
F4Words in s. 49(e) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 27(d); S.I. 2000/2698, art. 2
F5S. 49(ee) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 3(a); S.I. 1995/424, art. 2(2)(c)
F6Word in s. 49(f)(g) omitted (1.4.1995) by virtue of 1994 c. 34, s. 1(3), Sch. para. 3(b); S.I. 1995/424, art. 2(2)(c)
F7S. 49(h) and word “or” immediately preceding it inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 13
F8S. 49(gg) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 3(c); S.I. 1995/424, art. 2(2)(c)
Modifications etc. (not altering text)
C1S. 49 applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 13
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