Marriage Act 1949

5 Methods of authorising marriages.E+W

[F1(1)]A marriage according to the rites of the Church of England may be solemnized—

(a)after the publication of banns of matrimony;

(b)on the authority of a special licence of marriage granted by the Archbishop of Canterbury or any other person by virtue of the M1Ecclesiastical Licences Act, 1533 (in this Act referred to as a “special licence”);

(c)on the authority of a licence of marriage (other than a special licence) granted by an ecclesiastical authority having power to grant such a licence (in this Act referred to as a “common licence”); or

(d)on the authority of [F2a marriage schedule] under Part III of this Act.

[F3[F4(2)Subsection (1)(a)] of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act.]

[F5(3)In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—

(a)subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise);

(b)subsection (1)(c) shall not apply.]

Textual Amendments

F1 S. 5(1): s. 5 renumbered as s. 5(1) (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(a), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)

F4Words in s. 5(2) substituted (2.3.2015) by Immigration Act 2014 (c. 22), ss. 57(2)(b), 75(3); S.I. 2015/371, art. 2(2) (with art. 5)

Modifications etc. (not altering text)

Marginal Citations