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Marriage Act 1949, Section 49A is up to date with all changes known to be in force on or before 17 October 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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(1)If a same sex couple knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void.
(2)In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—
(a)section 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);
(b)section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;
[F2(ba)section 26A(3) and under any regulations made under section 44C that require the consent to use of a building for the solemnization of marriages of same sex couples, in a case where section 26A and section 44C apply to the marriage;]
(c)section 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;
(d)section 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;
(e)section 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage.]
Textual Amendments
F1S. 49A inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 15; S.I. 2014/93, art. 3(k)(i)
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