Section 25 Void marriages.

England and Wales

F1(1)

A marriage shall be void in any of the following cases.

F2(2)

F3Case A is where any persons knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence)—

(a)

F4except 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 F5a marriage schedule having been duly issued under Part III of this Act F6...; or

(c)

on the authority of a publication of banns which is void by virtue of F7... 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 F8a 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 F9a marriage schedule, in any place other than the church F10building or other place specified in the F11notices of marriage F12and (if so specified) in the marriage schedule as the place where the marriage is to be solemnized.

F13(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.

Annotations

Textual amendments

F1: S. 25(1) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(2); S.I. 2014/93, art. 3(k)(i)
F2: Words in s. 25 renumbered as s. 25(2) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(3); S.I. 2014/93, art. 3(k)(i)
F3: Words in s. 25(2) substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(3); S.I. 2014/93, art. 3(k)(i)
F4: Words inserted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 3(a)
F5: Words in s. 25(2)(b) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 8(2)(a) (with Sch. 2)
F6: Words in s. 25(2)(b) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 8(2)(b) (with Sch. 2)
F7: Words in s. 25(2)(c) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 1(3) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)
F8: Words in s. 25(2)(c) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 8(3) (with Sch. 2)
F9: Words in s. 25(2)(d) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 8(4)(a) (with Sch. 2)
F10: Words substituted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 3(b)
F11: Words in s. 25(2)(d) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(c); S.I. 2000/2698, art. 2
F12: Words in s. 25(2)(d) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 8(4)(b) (with Sch. 2)
F13: S. 25(3)-(5) substituted for words in s. 25(2) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(4); S.I. 2014/93, art. 3(k)(i)

Notes on Part II

Modifications

C1: Pt. II applied by Sharing of Church Buildings Act 1969 (c. 38), s. 6(2)