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Marriage Act 1949

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[F153CSigning of a marriage scheduleE+W

(1)This section applies to a marriage solemnized on the authority of a marriage schedule.

(2)Before the marriage schedule is signed, the specified person may ask the parties to the marriage questions regarding the contents of the marriage schedule.

(3)In the case of a marriage according to the usages of the Society of Friends or according to the usages of the Jews, before the specified person signs the marriage schedule, the specified person must be satisfied that the proceedings in relation to the marriage were conformable to the usages of the said Society or (as the case may be) to the usages of the Jews.

(4)Subsections (2) and (3) apply whether or not the specified person was present at the marriage.

(5)The parties to a marriage to which this section applies must sign the marriage schedule, as soon as is reasonably practicable after the solemnization of the marriage, in the presence of—

(a)each other,

(b)the specified person,

(c)(if different to the specified person) the person by or before whom the marriage was solemnized, and

(d)two witnesses.

(6)Immediately after the marriage schedule has been signed in accordance with subsection (5), the specified person, the person by or before whom the marriage was solemnized (if different to the specified person) and the two witnesses must sign the marriage schedule in the presence of the parties to the marriage and each other.

(7)In the case of a marriage solemnized according to the usages of the Society of Friends or according to the usages of the Jews where the specified person is not present at the solemnization of the marriage—

(a)the persons referred to in subsection (5)(a), (c) and (d) may sign the marriage schedule without being in the presence of the specified person;

(b)the specified person must sign the marriage schedule as soon as is convenient after the persons referred to in subsection (5)(a), (c) and (d) have signed the marriage schedule;

(c)the specified person may sign the marriage schedule without being in the presence of the persons referred to in subsection (5)(a), (c) and (d).

(8)For the purposes of this Part, the specified person is—

(a)in the case of a marriage solemnized according to the rites of the Church of England, the clergyman by whom the marriage is solemnized;

(b)in the case of a marriage solemnized according to the usages of the Society of Friends, an officer of that Society;

(c)in the case of a marriage solemnized according to the usages of the Jews—

(i)where the parties to the marriage are both members of the same synagogue, a secretary of that synagogue, or

(ii)where the parties to the marriage are members of different synagogues, a secretary of whichever of those synagogues the parties to the marriage nominate;

(d)in the case of a marriage solemnized in the presence of a registrar, that registrar;

(e)in the case of a marriage solemnized in a registered building without the presence of a registrar, the authorised person in whose presence the marriage is solemnized.]

Textual Amendments

F1Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

Modifications etc. (not altering text)

C1S. 53C applied (with modifications) (4.5.2021) by 1970 c. 34, s. 14A (as inserted by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 56(10) (with Sch. 2))

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