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Marriage Act 1949 in Wales

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 Repealed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 Repealed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 Repealed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