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Marriage Act 1949

12 & 13 & 14 Geo. 6 c. 76 · Enacted 24 November 1949 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 May 2025.

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]C1C2C3C4C5C6I1C7C8C9

Annotations to the whole text

Modifications

C1

Act extended to border parishes by Marriage (Wales and Monmouthshire) Act 1962 (c. 32), s. 2

C2

Act applied with modifications by Sharing of Church Buildings Act 1969 (c. 38), s. 6, Sch. 1

C3

Power to amend Act given by Public Expenditure and Receipts Act 1968 (c. 14), s. 5(1), Sch. 3

C4

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C5

By S.I. 1978/1844, art. 12 the Act has effect as if The Isles (i.e. The Isles of Scilly as defined in art. 2(1) ) were a non-metropolitan county

C6

Act modified by Pastoral Measure 1983 (No. 1, SIF 21:4), s. 29(2)(a)

C7

Act applied (with modifications) (1.2.2005) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 20, 48(3); S.I. 2004/3398, art. 3

C8

Act modified (1.7.2012) by Mission and Pastoral Measure 2011 (No. 3), ss. 43(2)(a), 112(3) (with ss. 100, 105(4), 107, 108(6), Sch. 8); 2012 No. 1, art. 2

C9

Act: power to amend conferred (26.5.2019) by Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (c. 12), s. 1(1)

Commencement

I1

Act wholly in force at 1.1.1950 see s. 80(4)

Contents

  1. Part I: Restrictions on Marriage
  2. 1Marriages within prohibited degrees.
  3. 2Marriages of persons under eighteen.
  4. 2AMarriages of whole life prisoners
  5. 3Marriages of persons under twenty-one. Repealed
  6. 4Hours for solemnization of marriages. Repealed
  7. Part II: Marriage according to Rites of the Church of England
  8. Preliminary
  9. 5Methods of authorising marriages.
  10. 5AMarriages between certain persons related by affinity.
  11. 5BMarriages involving person of acquired gender
  12. Marriage by banns
  13. 6Place of publication of banns.
  14. 7Time and manner of publication of banns.
  15. 8Notice to clergyman before publication of banns.
  16. 9Persons by whom banns may be published.
  17. 10Publication of banns commenced in one church and completed in another.
  18. 11Certificates of publication of banns.
  19. 12Solemnization of marriage after publication of banns.
  20. 13Publication of banns in Scotland, Northern Ireland or Republic of Ireland.
  21. 14Publication of banns on board His Majesty’s ships.
  22. Marriage by Common Licence
  23. 15Places in which marriages may be solemnized by common licence.
  24. 16Provisions as to common licences.
  25. Marriage under marriage schedule
  26. 17Marriage under marriage schedule.
  27. Publication of banns and solemnization of marriages during disuse of churches
  28. 18Publication of banns and solemnization of marriages during repair and rebuilding of churches.
  29. 19Publication of banns and solemnization of marriage where church injured by war damage.
  30. Licensing of chapels for publication of banns and solemnization of marriages
  31. 20Licensing of chapels for publication of banns and solemnization of marriages for persons residing in specified district.
  32. 21Authorising of publication of banns and solemnization of marriages in churches and chapels of extra-parochial places.
  33. Issue of marriage document after publication of banns or the grant of a special or common licence
  34. 21AIssue of marriage document after publication of banns or the grant of a special or common licence
  35. Miscellaneous Provisions
  36. 22Witnesses.
  37. 23Benefices held in plurality.
  38. 24Proof of residence not necessary to validity of marriage by banns or common licence.
  39. 25Void marriages.
  40. Part III: Marriage under marriage schedule
  41. Issue of a marriage schedule
  42. 26Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary
  43. 26AOpt-in to marriage of same sex couples: places of worship
  44. 26BOpt-in to marriage of same sex couples: other religious ceremonies
  45. 27Notice of marriage.
  46. 27ZACircumstances in which a notice of marriage is not to be recorded in the marriage register
  47. 27AAdditional information required in certain cases.
  48. 27BProvisions relating to section 1(3) marriages.
  49. 27CProvisions relating to section 1(5) marriages. Repealed
  50. 27DAdditional information required for certain marriages of same sex couples
  51. 27EAdditional information if party not relevant national
  52. 28Declaration to accompany notice of marriage.
  53. 28APower to require evidence of consent to marriages of same sex couples
  54. 28BProvision of evidence
  55. 28CAdditional evidence if party not relevant national
  56. 28DChange of usual address or UK contact address
  57. 28ERejection of false information or evidence
  58. 28FAmendment of notice and evidence provisions
  59. 28GSpecified evidence
  60. 28HReferral of proposed marriage to Secretary of State
  61. 29Caveat against issue of marriage schedule.
  62. 30Forbidding of issue of marriage schedule. Repealed
  63. 31Marriage under marriage schedule.
  64. 31ZANotice of marriage: false information or evidence
  65. 31AAppeal on refusal under section 31(2)(a) or 31ZA.
  66. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  67. 33Period of validity of marriage schedule.
  68. 34Marriages normally to be solemnized in registration district in which one party resides.
  69. 35Marriages in registration district in which neither party resides.
  70. 36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  71. 37One party resident in Scotland.
  72. 38One party resident in Northern Ireland. Repealed
  73. 39Issue of certificates on board His Majesty’s ships.
  74. 39AMarriage of former civil partners one of whom has changed sex
  75. 40Forms of certificates to be furnished by Registrar General. Repealed
  76. Marriages in registered buildings
  77. 41Registration of buildings : marriage of a man and a woman.
  78. 42Cancellation of registration under section 41: building no longer used
  79. 43Buildings registered under section 41: appointment of authorised persons
  80. 43ARegistration of buildings: marriage of same sex couples
  81. 43BBuildings registered under section 43A: appointment of authorised persons
  82. 43CCancellation of registration under section 43A
  83. 43DRegulations about sections 41 and 43 and 43A to 43C
  84. 44Solemnization of marriage in registered building.
  85. Registration of shared buildings for marriage of same sex couples
  86. 44ABuilding subject to Sharing of Church Buildings Act 1969: registration
  87. 44BBuilding subject to Sharing of Church Buildings Act 1969: cancellation
  88. 44COther shared places of worship: registration and cancellation
  89. 44DSections 44A to 44C: supplementary provision
  90. Marriages in register offices
  91. 45Solemnization of marriage in register office.
  92. 45ASolemnization of certain marriages.
  93. 46Register office marriage followed by religious ceremony.
  94. Marriages on approved premises
  95. 46AApproval of premises.
  96. 46BSolemnization of marriage on approved premises.
  97. Marriages according to usages of Society of Friends
  98. 47Marriages according to usages of Society of Friends.
  99. Miscellaneous Provisions
  100. 48Proof of certain matters not necessary to validity of marriages.
  101. 49Void marriages.
  102. 49AVoid marriages: additional provision about same sex couples
  103. 50Person to whom marriage schedule to be delivered.
  104. 51Fees of superintendent registrars for attending marriages in approved premises
  105. 52Provision for marriages in Welsh language.
  106. Part IV: Registration of Marriages
  107. 53Persons by whom marriages are to be registered. Repealed
  108. 53ARegister of marriages
  109. 53BSigning of a marriage document
  110. 53CSigning of a marriage schedule
  111. 53DRegistration of marriage
  112. 53ERegistration of marriage where documentation lost or destroyed
  113. 54Provision of marriage register books by Registrar General. Repealed
  114. 55Manner of registration of marriages. Repealed
  115. 56Power to ask for particulars of marriage. Repealed
  116. 57Quarterly returns to be made to superintendent registrar. Repealed
  117. 58Quarterly returns to be made by superintendent registrar to Registrar General. Repealed
  118. 59Custody of register books. Repealed
  119. 60Filled register books. Repealed
  120. 61Correction of errors in register book. Repealed
  121. 62Disposal of register books on church ceasing to be used for solemnization of marriages. Repealed
  122. 63Searches in register books.
  123. 64Searches of indexes kept by superintendent registrars.
  124. 65Searches of indexes kept by Registrar General.
  125. 65ASearches and records of information: additional provision
  126. 66Sending documents by post.
  127. 67Interpretation of Part IV.
  128. Part V: Marriages in Naval, Military, and Air Force Chapels
  129. 68Solemnization of marriages in naval, military, and air force chapels.
  130. 69Licensing of chapels for marriages according to rites of Church of England.
  131. 70Registration of chapels for marriages otherwise than according to rites of Church of England.
  132. 70ARegistration of chapels for marriages of same sex couples otherwise than according to rites of Church of England
  133. 71Evidence of marriages under Part V.
  134. Part VI: General
  135. 71AFees
  136. 72Supplementary provisions as to marriages in usual places of worship.
  137. 73Lists of licensed chapels and registered buildings.
  138. 74Regulations and approval of electronic forms etc.
  139. 75Offences relating to solemnization of marriages.
  140. 76Offences relating to registration of marriages.
  141. 76AOffence of failing to attend premises in compliance with a section 53D(8) or section 53E(10) notice
  142. 77Offences by authorised persons.
  143. 78Interpretation.
  144. 79Repeals and savings.
  145. 80Short title, extent and commencement.
  146. Schedule 1: Kindred and affinity
  147. Part 1: Prohibited degrees: kindred
  148. 1Paragraph 1
  149. Part 2: Degrees of affinity referred to in section 1(2) and (3)
  150. 2Paragraph 2
  151. Part III
  152. 3Paragraph 3 Repealed
  153. Schedule SECONDSchedule SECOND
  154. Schedule THIRDSchedule THIRD
  155. Schedule 3A: Modifications if proposed marriage referred under section 28H
  156. Introduction
  157. 1Paragraph 1
  158. No marriage schedule to be issued until decision about investigation etc
  159. 2Paragraph 2
  160. Marriage to be investigated: extension of waiting period to 70 days
  161. 3Paragraph 3
  162. Effect of reducing statutory period
  163. 4Paragraph 4
  164. Schedule FOURTH: Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
  165. IExclusion of Provisions relating to Marriages according to the Rites of the Church of England
  166. IIModification of Provisions relating to Marriages according to the Rites of the Church of England
  167. IIIExclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
  168. IVModification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
  169. Schedule FIFTH: Enactments repealed
  170. Part I
  171. Acts of Parliament repealed
  172. II. . . . . . . . . . . . . . . . . . . . . . . . Part II. . . . . . . . . . . . . . . . . . . . . . . .
  173. Schedule SIXTHProvisions of Act which do not extend to Wales