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In force since 2025-05-27, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Marriage Act 1949 1949 c. 76 An Act to consolidate certain enactments relating to the solemnization and registration of marriages in England with such corrections and improvements as may be authorised under the Consolidation of Enactments (Procedure) Act, 1949. [24th November 1949]
Propose a change(1) A marriage solemnized between a person and any person mentioned in the list in Part 1 of Schedule 1, shall be void. (2) Subject to subsection (3) of this section, a marriage solemnized between a person and any person mentioned in the list in Part 2 of Schedule 1, shall be void. (3) Any such marriage as is mentioned in subsection (2) of this section shall not be void by reason only of affinity if both the parties to the marriage have attained the age of twenty-one at the time of the marriage and the younger party has not at any time before attaining the age of eighteen been a child of the family in relation to the other party. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeA marriage solemnized between persons either of whom is under the age of eighteen shall be void.
Propose a change(1) A person (“A”) may not marry another person if A— (a) is serving a life sentence in a prison or other place of detention, and (b) is subject to a whole life order. (2) But subsection (1) does not apply if A has permission from the Secretary of State to marry the other person. (3) The Secretary of State may not give permission under subsection (2) unless satisfied that exceptional circumstances exist which justify the permission being given. (4) A marriage solemnized in contravention of subsection (1) is void. (5) In this section— “life sentence” has the meaning given by section 34(2) of the Crime (Sentences) Act 1997; “whole life order” means an order that section 28(5) to (8) of that Act (early release of person serving life sentence) is not to apply to a person. (6) A person is to be treated for the purposes of this section as being subject to a whole life order if— (a) the person is serving a life sentence passed before 18 December 2003, (b) the sentence was passed in circumstances where the sentence was fixed by law, (c) before 18 December 2003 the person was notified in writing by the Secretary of State (otherwise than in a notice expressed to be provisional) that the Secretary of State does not intend that the person should ever be released on licence, and (d) an order has not been made in relation to the sentence under paragraph 3(1)(a) of Schedule 22 to the Criminal Justice Act 2003 (mandatory life sentences: transitional cases).
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Propose a change(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 Ecclesiastical 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 a marriage schedule under Part III of this Act. (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. (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.
Propose a changeNo clergyman shall be obliged— (a) to solemnize a marriage which, apart from the Marriage (Prohibited Degrees of Relationship) Act 1986 or the Marriage Act 1949 (Remedial) Order 2007, would have been void by reason of the relationship of the persons to be married; or (b) to permit such a marriage to be solemnized in the church or chapel of which he is the minister.
Propose a change(1) A clergyman is not obliged to solemnise the marriage of a person if the clergyman reasonably believes that the person’s gender has become the acquired gender under the Gender Recognition Act 2004. (2) A clerk in Holy Orders of the Church in Wales is not obliged to permit the marriage of a person to be solemnised in the church or chapel of which the clerk is the minister if the clerk reasonably believes that the person’s gender has become the acquired gender under that Act.
Propose a change(1) Subject to the provisions of this Act, where a marriage is intended to be solemnized after the publication of banns of matrimony, the banns shall be published— (a) if the persons to be married reside in the same parish, in the parish church of that parish; (b) if the persons to be married do not reside in the same parish, in the parish church of each parish in which one of them resides: Provided that if either of the persons to be married resides in a chapelry or in a district specified in a licence granted under section twenty of this Act, the banns may be published in an authorised chapel of that chapelry or district instead of in the parish church of the parish in which that person resides. (2) In relation to a person who resides in an extra-parochial place, the last foregoing subsection shall have effect as if for references to a parish there were substituted references to that extra-parochial place, and as if for references to a parish church there were substituted references to an authorised chapel of that place. (3) For the purposes of this section, any parish in which there is no parish church or chapel belonging thereto or no church or chapel in which divine service is usually solemnized every Sunday, and any extra-parochial place which has no authorised chapel, shall be deemed to belong to any adjoining parish or chapelry. (4) Banns of matrimony may be published in any parish church or authorised chapel which is the usual place of worship of the persons to be married or of one of them although neither of those persons resides in the parish or chapelry to which the church or chapel belongs: Provided that the publication of banns by virtue of this subsection shall be in addition to and not in substitution for the publication of banns required by subsection (1) of this section.
Propose a change(1) Subject to the provisions of section nine of this Act, banns of matrimony shall be published on three Sundays preceding the solemnization of the marriage during either the principal service or both the principal service and another service. (1A) In subsection (1) of this section “principal service” means the service at which, in the opinion of the clergyman or other person who, under section 9 of this Act, has the responsibility for publishing banns of matrimony, the greatest number of persons who habitually attend public worship are likely to attend. (1B) Where banns of matrimony are published on a Sunday during both the principal service and another service, both of those occasions shall be deemed to be the same time of asking for the purposes of the form of words referred to in subsection (2) of this section. (2) Banns of matrimony shall be published in an audible manner and in accordance with the form of words prescribed by the rubric prefixed to the office of matrimony in the Book of Common Prayer or set out in section 2 of the Church of England Marriage (Amendment) Measure 2012., and all the other rules prescribed by the said rubric concerning the publication of banns and the solemnization of matrimony shall, so far as they are consistent with the provisions of this Part of this Act, be duly observed. (3) The parochial church council of a parish shall provide for every church and chapel in the parish in which marriages may be solemnized, a register book of banns made of durable materials ..., and all banns shall be published from the said register book of banns by the officiating clergyman, and not from loose papers, and after each publication the entry in the register book shall be signed by the officiating clergyman, or by some person under his direction. (3A) A register book of banns must be marked as follows— (a) every place of entry is to be numbered consecutively from the beginning to the end of the book on each side of every page, beginning with the number one; (b) every entry is to be divided from the following entry by a printed line; (c) every entry must contain— (i) the names of the parties to the marriage, (ii) the parish or other place where each party to the marriage resides, and (iii) the dates on which the banns of matrimony in respect of the marriage were published. (4) Any reference in subsection (3) to a parochial church council shall, in relation to an authorised chapel in an extra-parochial place, be construed as a reference to the chapel warden or other officer exercising analogous duties in the chapel or, if there is no such officer, such person as may be appointed in that behalf by the bishop of the diocese.
Propose a change(1) No clergyman shall be obliged to publish banns of matrimony unless the persons to be married, at least seven days before the date on which they wish the banns to be published for the first time, deliver or cause to be delivered to him— (a) a notice in writing, dated on the day on which it is so delivered, stating the christian name and surname and the place of residence of each of them, and the period during which each of them has resided at his or her place of residence , and (b) specified evidence that both of the persons are relevant nationals. (2) In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G.
Propose a change(1) Subject to the provisions of this section and of section fourteen of this Act, it shall not be lawful for any person other than a clergyman to publish banns of matrimony. (2) Where on any Sunday in any church or other building in which banns of matrimony may be published a clergyman does not officiate at the service at which it is usual in that church or building to publish banns, the banns may be published— (a) by a clergyman at some other service at which banns of matrimony may be published; or (b) by a layman during the course of a public reading authorised by the bishop of the diocese of a portion or portions of the service of morning or evening prayer, the public reading being at the hour when the service at which it is usual to publish banns is commonly held or at such other hour as the bishop may authorise: Provided that banns shall not be published by a layman unless the incumbent or minister in charge of the said church or building, or some other clergyman nominated in that behalf by the bishop, has made or authorised to be made the requisite entry in the register book of banns of the said church or building. (3) Where a layman publishes banns of matrimony by virtue of this section the layman shall sign the register book of banns provided under section seven of this Act and for that purpose shall be deemed to be the officiating clergyman within the meaning of that section.
Propose a change(1) Where the publication of banns of matrimony has been duly commenced in any church, the publication may be completed in the same church or in any other church which, by virtue of the Mission and Pastoral Measure 2011, has at the time of the completion taken the place of the first-mentioned church for the purpose of publication of banns of matrimony either generally or in relation to the parties to the intended marriage. (2) Where the publication of banns of matrimony has been duly commenced in any building which by virtue of a reorganisation scheme under the Mission and Pastoral Measure 2011, ceases to be a parish church or, as the case may be, ceases to be licensed for marriages, the publication may be completed in such other building, being either a parish church or a building licensed for marriages, as may be directed by the bishop of the diocese to take the place of the first-mentioned building for the purposes of the publication of banns.
Propose a change(1) Where a marriage is intended to be solemnized after the publication of banns of matrimony and the persons to be married do not reside in the same parish or other ecclesiastical district, a clergyman shall not solemnize the marriage in the parish or district in which one of those persons resides unless there is produced to him a certificate that the banns have been published in accordance with the provisions of this Part of this Act in the parish or other ecclesiastical district in which the other person resides. (2) Where a marriage is intended to be solemnized in a church or chapel of a parish or other ecclesiastical district in which neither of the persons to be married resides, after the publication of banns therein by virtue of subsection (4) of section six of this Act, a clergyman shall not solemnize the marriage unless there is produced to him— (a) if the persons to be married reside in the same parish or other ecclesiastical district, a certificate that the banns have been published in accordance with the provisions of this Part of this Act in that parish or district; or (b) if the persons to be married do not reside in the same parish or other ecclesiastical district, certificates that the banns have been published as aforesaid in each parish or district in which one of them resides. (3) Where banns are published by virtue of subsection (3) of section six of this Act in a parish or chapelry adjoining the parish or extra-parochial place in which the banns would otherwise be required to be published, a certificate that the banns have been published in that parish or chapelry shall have the like force and effect as a certificate that banns have been published in a parish in which one of the persons to be married resides. (4) Any certificate required under this section shall be signed by the incumbent or minister in charge of the building in which the banns were published or by a clergyman nominated in that behalf by the bishop of the diocese.
Propose a change(1) Subject to the provisions of this Part of this Act, where banns of matrimony have been published, the marriage shall be solemnized in the church or chapel or, as the case may be, one of the churches or chapels in which the banns have been published. (2) Where a marriage is not solemnized within three months after the completion of the publication of the banns, that publication shall be void and no clergyman shall solemnize the marriage on the authority thereof.
Propose a changeWhere a marriage is intended to be solemnized in England, after the publication of banns of matrimony, between parties of whom one is residing in England and the other is residing in Scotland, Northern Ireland or the Republic of Ireland, then, if banns have been published or proclaimed in any church of the parish or place in which that other party is residing according to the law or custom there prevailing, a certificate given in accordance with that law or custom that the banns have been so published or proclaimed shall as respects that party be sufficient for the purposes of section eleven of this Act, and the marriage shall not be void by reason only that the banns have not been published in the manner required for the publication of banns in England.
Propose a change(1) Where a marriage is intended to be solemnized in England, after the publication of banns of matrimony, between parties of whom one is residing in England and the other is an officer, seaman or marine borne on the books of one of His Majesty’s ships at sea, the banns may be published on three successive Sundays during morning service on board that ship by the chaplain, or, if there is no chaplain, by the captain or other officer commanding the ship, and, where banns have been so published, the person who published them shall, unless the banns have been forbidden on any of the grounds on which banns may be forbidden, give a certificate of publication. (2) A certificate issued under this section shall be in such form as may be prescribed by the Admiralty and shall, as respects the party who is an officer, seaman or marine as aforesaid, be sufficient for the purposes of section eleven of this Act, and all provisions of this Act (including penal provisions) relating to the publication of banns and certificates thereof and all rules required by section seven of this Act to be observed shall apply in the case of banns published under this section subject to such adaptations therein as may be made by His Majesty by Order in Council.
Propose a change(1) Subject to the provisions of this Part of this Act, a common licence shall not be granted for the solemnization of a marriage in any church or chapel other than— (a) the parish church of the parish, or an authorised chapel of the ecclesiastical district, in which one of the persons to be married has had his or her usual place of residence for fifteen days immediately before the grant of the licence; or (b) a parish church or authorised chapel which is the usual place of worship of the persons to be married or of one of them. (2) For the purposes of this section, any parish in which there is no parish church or chapel belonging thereto or no church or chapel in which divine service is usually solemnized every Sunday, and any extra-parochial place which has no authorised chapel, shall be deemed to belong to any adjoining parish or chapelry.
Propose a change(1) A common licence shall not be granted unless one of the persons to be married has sworn before a person having authority to grant such a licence— (a) that he or she believes that there is no impediment of kindred or alliance or any other lawful cause, nor any suit commenced in any court, to bar or hinder the solemnization of the marriage in accordance with the licence; (b) that one of the persons to be married has had his or her usual place of residence in the parish or other ecclesiastical district in which the marriage is to be solemnized for fifteen days immediately before the grant of the licence or that the parish church or authorised chapel in which the marriage is to be solemnized is the usual place of worship of those persons or of one of them; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) A common licence shall not be granted for the solemnization of a marriage mentioned in subsection (2) of section 1 of this Act unless— (a) the person having authority to grant the licence is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and (b) he has received a declaration in writing made by each of those persons specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other. (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) A common licence shall not be granted unless the persons to be married deliver to the person granting the licence specified evidence that both of the persons are relevant nationals. (1D) For that purpose “specified evidence” means evidence that is in accordance with regulations made under section 28G. (2) Subject to subsection (2A) of this section if any caveat is entered against the grant of a common licence, the caveat having been duly signed by or on behalf of the person by whom it is entered and stating his place of residence and the ground of objection on which the caveat is founded, no licence shall be granted until the caveat or a copy thereof is transmitted to the ecclesiastical judge out of whose office the licence is to issue, and the judge has certified to the registrar of the diocese that he has examined into the matter of the caveat and is satisfied that it ought not to obstruct the grant of the licence, or until the caveat is withdrawn by the person who entered it. (2A) Where in the case of a marriage mentioned in subsection (2) of section 1 of this Act a caveat is entered under subsection (2) of this section on the ground that the persons to be married have not both attained the age of twenty-one or that one of those persons has at any time before attaining the age of eighteen been a child of the family in relation to the other, then, notwithstanding that the caveat is withdrawn by the person who entered it, no licence shall be issued unless the judge has certified that he has examined into that ground of objection and is satisfied that that ground ought not to obstruct the grant of the licence. (2B) In the case of a marriage mentioned in subsection (2) of section 1 of this Act, one of the persons to be married may apply to the ecclesiastical judge out of whose office the licence is to issue for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where any such declaration is obtained the common licence may be granted notwithstanding that no declaration has been made under the said subsection (1A). (3) Where a marriage is not solemnized within three months after the grant of a common licence, the licence shall be void and no clergyman shall solemnize the marriage on the authority thereof. (4) No surrogate deputed by an ecclesiastical judge who has power to grant common licences shall grant any such licence until he has taken an oath before that judge, or a commissioner appointed under the seal of that judge, faithfully to execute his office according to law, to the best of his knowledge, . . . .
Propose a changeA marriage according to the rites of the Church of England may be solemnized on the authority of a marriage schedule in force under Part III of this Act in any church or chapel in which banns of matrimony may be published or in the case of a marriage in pursuance of section 26(1)(dd) of this Act the place specified in the notices of marriage and (if so specified) in the marriage schedule as the place where the marriage is to be solemnized: Provided that a marriage shall not be solemnized as aforesaid in any such church or chapel without the consent of the minister thereof or (wherever the marriage is solemnized) by any person other than a clergyman.
Propose a change(1) Where any church or chapel in which banns may be published and marriages solemnized is being rebuilt or repaired, and on that account is not being used for divine service, banns of matrimony which could otherwise have been published therein and marriages which could otherwise have been solemnized therein may be published or solemnized, as the case may be,— (a) in any building licensed by the bishop of the diocese for the performance of divine service during the disuse of the church or chapel, being a building within the parish or other ecclesiastical district in which the disused church or chapel is situated; or (b) if no building has been licensed as aforesaid, in any such consecrated chapel as the bishop of the diocese may in writing direct, being a chapel within the said parish or district; or (c) if no building has been licensed as mentioned in paragraph (a) of this subsection and no direction has been given by the bishop under the last foregoing paragraph, in a church or chapel of any adjoining parish or other ecclesiastical district, being a church or chapel in which banns may be published and marriages solemnized. (2) Any fees paid in respect of marriages solemnized by virtue of paragraph (b) of the last foregoing subsection in a consecrated chapel specified in a direction given by the bishop of the diocese under that paragraph shall be applied as the bishop, with the consent of the incumbent of the disused church or chapel, may in writing direct. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeWhere an order made by the Church Commissioners under section three of the Diocesan Reorganisation Committees Measure, 1941, (which enables orders to be made deferring the restoration of churches injured by war damage) is in force as respects any church, banns of matrimony of persons entitled to be married in that church may be published, and marriages of such persons may be solemnized, in such other church, chapel or place of worship within the diocese as the bishop of the diocese shall in writing direct.
Propose a change(1) Subject to the provisions of this section, the bishop of the diocese in which a public chapel is situated may— (a) if he thinks it necessary so to do for the due accommodation and convenience of the inhabitants of any district; and (b) if the . . . incumbent of the church of the parish in which the public chapel is situated have signified their consent under their respective hands and seals, authorise by a licence under his hand and seal the publication of banns and the solemnization of marriages in that public chapel between parties both or either of whom reside or resides within a district of which the limits shall be specified in the licence; and any such licence may include such ... particulars as the bishop thinks fit. (2) Notwithstanding anything in the last foregoing subsection, the bishop of the diocese may grant a licence under this section without the consent of the . . . incumbent of the church of the parish in which the public chapel is situated after two months notice in writing given to the . . . incumbent by the registrar of the diocese: Provided that where any . . . incumbent who refuses or withholds his consent to the grant of a licence under this section delivers to the bishop under his hand and seal a statement of the reasons for which the consent has been refused or withheld, no licence shall be granted by the bishop until he has inquired into the reasons contained in the statement. (3) Where a bishop grants a licence under this section without the consent of the . . . incumbent, the . . . incumbent may, within one month from the grant of the licence, appeal to the archbishop of the province who shall hear the appeal in a summary manner, and shall make such order confirming, revoking or varying the licence as seems to him expedient. (4) Any licence granted or order made under this section may at any time be revoked in writing under the hand and seal of the bishop of the diocese with the consent in writing of the archbishop of the province; and the registrar of the diocese shall notify the revocation in writing to the minister officiating in the chapel concerned and shall give public notice of the revocation by advertisement in some newspaper circulating within the county in which the chapel is situated and in the London Gazette. (5) There shall be displayed in some conspicuous part of the interior of any chapel licensed under this section the words “Banns may be published and marriages may be solemnized in this chapel”. (6) Every consent of a . . . incumbent delivered under subsection (1) of this section, a copy of every notice given by the registrar of a diocese under subsection (2) of this section, every statement of reasons delivered by a . . . incumbent under the said subsection (2), together with the bishop’s decision thereon under his hand and seal, every order made by an archbishop under subsection (3) of this section and every revocation and consent made or given under subsection (4) of this section, shall be registered in the registry of the diocese. (7) The district specified in a licence granted under this section may be taken out of more than one parish; and where any such licence specifies a district taken out of more than one parish the expressions . . . “incumbent” shall for the purposes of this section mean the . . . incumbent, . . . , of the church of every parish out of which the district so specified is taken. (7A) In the case of a benefice to which a suspension period within the meaning of the Mission and Pastoral Measure 2011 applies and for which a priest in charge has been appointed, this section has effect as if each reference to the incumbent were a reference to the priest in charge. (8) In this section the expression “public chapel” means any public chapel with or without a chapelry annexed thereto, or any chapel duly licensed for the celebration of divine service according to the rites and ceremonies of the Church of England, or any chapel the minister of which is duly licensed to officiate therein according to the rites and ceremonies of the Church of England.
Propose a change(1) Where any extra-parochial place has belonging to it or within it any church or chapel of the Church of England, the bishop of the diocese in which the church or chapel is situated may, if he thinks fit, authorise in writing under his hand and seal the publication of banns and the solemnization of marriages by banns or licence in that church or chapel between parties both or either of whom reside or resides in that extra-parochial place. (2) Every authorisation given under the last foregoing subsection shall be registered in the registry of the diocese.
Propose a change(1) This section applies to a marriage solemnized— (a) after the publication of banns, (b) on the authority of a special licence, or (c) on the authority of a common licence. (2) Before the solemnization of the marriage, the clergyman who is to solemnize the marriage must issue a document, or ensure a document is issued and provided to the clergyman, in any form, and with any content, that may be prescribed. (3) The document issued under subsection (2) isto be known as a “marriage document”. (4) The clergyman must retain the marriage document until it is delivered to a registrar in accordance with section 53D(2).
Propose a changeAll marriages solemnized according to the rites of the Church of England shall be solemnized in the presence of two or more witnesses in addition to the clergyman by whom the marriage is solemnized.
Propose a changeWhere two or more benefices are held in plurality under the Pastoral Reorganisation Measure, 1949, the bishop of the diocese in which the benefices are situated or, during a vacancy in the see, the guardian of the spiritualities thereof, may in writing direct where banns of matrimony of persons entitled to be married in any church of those benefices may be published and where marriages of those persons may be solemnized: Provided that— (a) nothing in this section shall deprive a person of the right to be married in any church in which he would have been entitled to be married if no directions had been given under this section; and (b) a person may be married in a church in which he would have been entitled to be married as aforesaid notwithstanding that the banns of matrimony have, by virtue of this section, been published only in some other church.
Propose a change(1) Where any marriage has been solemnized after the publication of banns of matrimony, it shall not be necessary in support of the marriage to give any proof of the residence of the parties or either of them in any parish or other ecclesiastical district in which the banns were published, and no evidence shall be given to prove the contrary in any proceedings touching the validity of the marriage. (2) Where any marriage has been solemnized on the authority of a common licence, it shall not be necessary in support of the marriage to give any proof that the usual place of residence of one of the parties was for fifteen days immediately before the grant of the licence in the parish or other ecclesiastical district in which the marriage was solemnized, and no evidence shall be given to prove the contrary in any proceedings touching the validity of the marriage.
Propose a change(1) A marriage shall be void in any of the following cases. (2) Case A is where any persons knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence)— (a) except in the case of a marriage in pursuance of section 26(1)(dd) of this Act, in any place other than a church or other building in which banns may be published; (b) without banns having been duly published, a common licence having been obtained, or a marriage schedule having been duly issued under Part III of this Act ...; or (c) on the authority of a publication of banns which is void by virtue of ... subsection (2) of section twelve of this Act, on the authority of a common licence which is void by virtue of subsection (3) of section sixteen of this Act, or on the authority of a marriage schedule which is void by virtue of subsection (2) of section thirty-three of this Act; (d) in the case of a marriage on the authority of a marriage schedule, in any place other than the church building or other place specified in the notices of marriage and (if so specified) in the marriage schedule as the place where the marriage is to be solemnized. (3) Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders. (4) Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them. (5) In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.
Propose a change(1) The following marriages may be solemnized on the authority of a marriage schedule— (a) a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt; (b) a marriage of any couple in the office of a superintendent registrar; (bb) a marriage of any couple on approved premises; (c) a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers); (d) a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews; (dd) a qualifying residential marriage; (e) a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published. (2) In this section “qualifying residential marriage” means— (a) the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or (b) the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.
Propose a change(1) A marriage of a same sex couple in an appropriately registered building according to such form and ceremony as the persons to be married see fit to adopt may be solemnized on the authority of a marriage schedule. (2) For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A. (3) An application for registration of a building under section 43A may not be made unless the relevant governing authority has given written consent to marriages of same sex couples. (4) For that purpose, in relation to a building— “relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section; “relevant religious organisation” means the religious organisation for whose religious purposes the building is used. (5) Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the Church of England. (6) This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.
Propose a change(1) A marriage may, in any of the following cases, be solemnized on the authority of a marriage schedule. (2) Case A is where— (a) the marriage is of a same sex couple according to the usages of the Society of Friends (commonly called Quakers), and (b) the relevant governing authority has given written consent to such marriages of same sex couples. (3) For that purpose “relevant governing authority” means the recording clerk for the time being of the Society of Friends in London. (4) Case B is where— (a) the marriage is of a same sex couple professing the Jewish religion according to the usages of the Jews, and (b) the relevant governing authority has given written consent to such marriages of same sex couples. (5) For that purpose the meaning of “relevant governing authority” is to be determined in accordance with this table— The “relevant governing authority” is... | ...if the marriage falls to be registered by... the Chief Rabbi of the United Hebrew Congregations of the Commonwealth | the secretary of a synagogue certified under paragraph (a) of the relevant definition (certification by the President of the Board of Deputies) the person or persons duly recognised by the members of— the West London Synagogue of British Jews (“the West London Synagogue”), and the other synagogues that are constituents of or affiliated to the Movement for Reform Judaism | — either the secretary of the West London Synagogue, as certified under paragraph (b) of the relevant definition — or the secretary of another synagogue in a case where: the secretary is certified under paragraph (d) of the relevant definition by the secretary of the West London Synagogue, and the synagogue is one of those which are constituents of or affiliated to the Movement for Reform Judaism the person or persons duly recognised by the members of— the Liberal Jewish Synagogue, St. John's Wood (“the St. John's Wood Synagogue”), and the other synagogues that are constituents of or affiliated to Liberal Judaism | — either the secretary of the St. John's Wood Synagogue, as certified under paragraph (c) of the relevant definition — or the secretary of another synagogue in a case where: the secretary is certified under paragraph (d) of the relevant definition by the secretary of the St. John's Wood Synagogue, and the synagogue is one of those which are constituents of or affiliated to Liberal Judaism the person or persons duly recognised by the members of the synagogue by whose secretary the marriage falls to be registered | the secretary of a synagogue certified under paragraph (d) of the relevant definition (certification by the secretary of the West London Synagogue or the secretary of the St. John's Wood Synagogue) in a case where the synagogue is not one of those which are constituents of or affiliated to: the Movement for Reform Judaism, or Liberal Judaism In that table— (a) “relevant definition” means the definition of “secretary of a synagogue” in section 67; (b) a reference to a person or persons being duly recognised is a reference to the person or persons being recognised for the purpose of giving consent for the purposes of this section. (6) Case C is where— (a) the marriage is of a same sex couple according to religious rites or usages (other than the rites of the Church of England), (b) one or each of the couple is house-bound or a detained person, (c) the marriage is at the usual place of residence of the house-bound or detained person or persons, and (d) the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites or usages. (7) For that purpose— “relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section; “relevant religious organisation” means the religious organisation according to whose rites or usages the marriage is to be solemnized. (8) Subsection (6) does not authorise a marriage that may be solemnized under subsection (2) or (4).
Propose a change(1) Where a marriage is intended to be solemnized on the authority of a marriage schedule . . ., notice of marriage in the prescribed form shall be given— (a) if the persons to be married have resided in the same registration district for the period of seven days immediately before the giving of the notice, by each of those persons to the superintendent registrar of that district; (b) if the persons to be married have not resided in the same registration district for the said period of seven days as aforesaid, by each of those persons to the superintendent registrar of the registration district in which he or she has resided for that period. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A notice of marriage shall state the name and surname, the date of birth, marital status, occupation , place of residence and nationality of each of the persons to be married the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended and in the case of a marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) of this Act, which residence is to be the place of solemnization of the marriage and, in any other case, the church or other building or premises in or on which the marriage is to be solemnized and— (a) . . . shall state the period, not being less than seven days, during which each of the persons to be married has resided in his or her place of residence; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A superintendent registrar in receipt of a notice of marriage must, as soon as reasonably practicable— (a) file the notice of marriage and keep it with the records of the superintendent registrar’s office, and (b) record the notice of marriage by entering in the marriage register the particulars given in that notice together with the date of the notice. (4A) A superintendent registrar must ensure that the following are open to inspection free of charge at all reasonable hours— (a) the particulars and date referred to in subsection (4)(b) in respect of notices given in the superintendent registrar’s registration district; (b) any marriage notice book that was required to be kept in the office of the superintendent registrar before the introduction of the marriage register on 4th May 2021; (c) particulars given in a notice of marriage, the date of the notice and the name of the person by whom the notice was given, where such information has been entered in an approved electronic form in the superintendent registrar’s registration district before the introduction of the marriage register on 4th May 2021. (5) If the persons to be married wish to be married in the presence of a registrar in a registered building for which an authorised person has been appointed, they shall, at the time when notice of marriage is given to the superintendent registrar under this section, give notice to him that they require a registrar to be present at the marriage. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeThe superintendent registrar shall not record a notice of marriage in the marriage register in a case where any of the following requirements is applicable but is not complied with— (a) a requirement imposed by or under any of the following provisions of this Act— section 27A(2) or (3); section 27A(3A); section 27A(4); section 27B(2); section 27E(3) to (7); section 27E(8); section 28B(1); section 28B(1A); section 28C(4) or (6); (b) the requirement imposed by section 19(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
Propose a change(1) This section applies in relation to any marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) or 26B(6) of this Act, and in the following provisions of this section that person is referred to as “the relevant person”. (2) Where the relevant person is not a detained person, each notice of marriage required by section 27 of this Act shall be accompanied by a medical statement relating to that person made not more than fourteen days before the date on which the notice is given. (3) Where the relevant person is a detained person, each notice of marriage required by section 27 of this Act shall be accompanied by a statement made in the prescribed form by the responsible authority not more than twenty-one days before the date on which notice of the marriage is given under section 27— (a) identifying the establishment where the person is detained; ... (b) stating that the responsible authority has no objection to that establishment being specified in the notice of marriage as the place where that marriage is to be solemnized ; and (c) stating whether the person is serving a life sentence and, if so, whether the person is subject to a whole life order. (3A) Where the relevant person is a detained person who is serving a life sentence and is subject to a whole life order, each notice of marriage required by section 27 of this Act must also be accompanied by a statement made by the Secretary of State not more than twenty-one days before the date on which notice of the marriage is given under section 27 stating that the relevant person has the permission required by section 2A(2). (4) Each person who gives notice of the marriage to the superintendent registrar in accordance with section 27 of this Act shall give the superintendent registrar the prescribed particulars, in the prescribed form, of the person by or before whom the marriage is intended to be solemnized. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The fact that a superintendent registrar has received a statement under subsection (2) , (3) or (3A) of this section shall be entered in the marriage register together with the particulars given in the notice of marriage and any such statement together with the form received under subsection (4) of this section shall be filed and kept with the records of the office of the superintendent register or, where notice of marriage is required to be given to two superintendent registrars, of each of them. (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In this section— “life sentence” and “whole life order” have the meanings given by section 2A(5) of this Act and section 2A(6) (persons treated as being subject to a whole life order) applies for the purposes of this section; and “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made— (a) by reason of illness or disability, he or she ought not to move or be moved from the place where he or she is at the time, and (b) it is likely that it will be the case for at least the following three months that by reason of the illness or disability he or she ought not to move or be moved from that place; and “registered medical practitioner” has the meaning given by Schedule 1 to the Interpretation Act 1978; and “responsible authority” means— (a) if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act 1983), the managers of that hospital (within the meaning of section 145(1) of that Act); or (b) if the person is detained in a prison or other place to which the Prison Act 1952 applies, the governor or other officer for the time being in charge of that prison or other place.
Propose a change(1) This section applies in relation to any marriage mentioned in subsection (2) of section 1 of this Act which is intended to be solemnized on the authority of a marriage schedule. (2) The superintendent registrar shall not record notice of the marriage in the marriage register , unless— (a) he is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and (b) he has received a declaration made in the prescribed form by each of those persons, each declaration having been signed and attested in the prescribed manner, specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other. (3) The fact that a superintendent registrar has received a declaration under subsection (2) of this section shall be entered in the marriage register together with the particulars given in the notice of marriage and any such declaration shall be filed and kept with the records of the office of the superintendent registrar or, where notice of marriage is required to be given to two superintendent registrars, of each of them. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Where the superintendent registrar receives from some person other than the persons to be married a written statement signed by that person which alleges that the declaration made under subsection (2) of this section is false in a material particular, a marriage schedule may not be issued . . . unless a declaration is obtained ... under subsection (5) of this section. (5) Either of the persons to be married may, whether or not any statement has been received by the superintendent registrar under subsection (4) of this section, apply to the High Court or the family court for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where such a declaration is obtained the superintendent registrar may enter notice of the marriage in the marriage register and a marriage schedule may be issued . . . whether or not any declaration has been made under subsection (2) of this section. (6) Section 29 of this Act shall not apply in relation to a marriage to which this section applies, except so far as a caveat against the issue of a marriage schedule . . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.
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Propose a change(1) This section applies in relation to any marriage intended to be solemnized in pursuance of section 26B(2), (4) or (6) (marriage of same sex couples: Quaker marriage, Jewish marriage, marriage of house-bound or detained person). (2) The superintendent registrar to whom notice of such a marriage is given under section 27 may require the relevant governing authority to provide a copy of the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d). (3) In this section, “relevant governing authority”, in relation to an intended marriage under section 26B(2), (4) or (6), has the same meaning as in that provision.
Propose a change(1) This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national. (2) But this section does not apply if section 39A applies to the proposed marriage. (3) For each party to the proposed marriage who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person. (4) Statement A is a statement that the person has the appropriate immigration status. (5) Statement B is a statement that the person holds a relevant visa in respect of the proposed marriage. (6) Statement C is a statement that the person neither— (a) has the appropriate immigration status, nor (b) holds a relevant visa in respect of the proposed marriage. (7) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)— If the notice includes this statement... | ...the notice must be accompanied by... Statement A (in respect of one or both of the parties to the proposed marriage) | For each party in respect of whom statement A is made, details of the particular immigration status which that party has Statement B (in respect of one or both of the parties to the proposed marriage) | 1 For each party, a specified photograph of that party 2 For each party in respect of whom statement B is made, details of the relevant visa which that party has Statement C (in respect of one or both of the parties to the proposed marriage) | 1 For each party, a specified photograph of that party 2 For each party, the usual address of that party 3 For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post 4 For each party who has previously used any name or names other than the person's name stated in the notice in accordance with section 27(3), a statement of the other name or names 5 For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases (8) If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party. (9) If the notice includes statement C for a party to the proposed marriage— (a) the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom; (b) if the notice is accompanied by statement D for a party to the proposed marriage, the person may provide the superintendent registrar with details of his or her immigration position in the United Kingdom; and (c) if any such details are provided, the superintendent registrar must record them in the marriage register. (10) In this section— (a) a reference— (i) to a person having the appropriate immigration status, or (ii) to a person holding a relevant visa, has the same meaning as in section 49 of the Immigration Act 2014; (b) a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has; (c) a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom. (11) In this section “specified photograph” means a photograph that is in accordance with regulations made under section 28G (and for this purpose “photograph” includes other kinds of images).
Propose a change