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Marriage (Same Sex Couples) Act 2013

2013 c. 30 · Enacted 17 July 2013 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 28 April 2022.

An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according to the usages of belief organisations to be solemnized on the authority of certificates of a superintendent registrar, for the review of civil partnership, for the review of survivor benefits under occupational pension schemes, and for connected purposes.[17th July 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4C5C6

Annotations to the whole text

Modifications

C1

Act modified by SI 1995/866, reg. 2B(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 26)

C2

Act modified by SI 2002/1311, reg. 2A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 23)

C3

Act modified by SI 2008/653, reg. 2.A.1A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 12)

C4

Act modified by SI 2000/619, reg. 2A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 19)

C5

Act modified by SI 2008/653, reg. 3A.1A(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 15)

C6

Act modified by SI 1995/300, reg. A4(4) (as inserted (E.W.S.) (13.3.2014) by The National Health Service Pension Scheme, Additional Voluntary Contributions, Compensation for Premature Retirement and Injury Benefits (Amendment) Regulations 2014 (S.I. 2014/78), regs. 1(2), 4)

Contents

  1. Part 1: Marriage of same sex couples in England and Wales
  2. Extension of marriage
  3. 1Extension of marriage to same sex couples
  4. Religious protection
  5. 2Marriage according to religious rites: no compulsion to solemnize etc
  6. Part 3 of the Marriage Act 1949
  7. 3Marriage for which no opt-in necessary
  8. 4Opt-in: marriage in places of worship
  9. 5Opt-in: other religious ceremonies
  10. Part 5 of the Marriage Act 1949
  11. 6Armed forces chapels
  12. The Marriage (Registrar General's Licence) Act 1970
  13. 7Opt-in: “deathbed marriages”
  14. The Church in Wales
  15. 8Power to allow for marriage of same sex couples in Church in Wales
  16. Other provisions relating to marriages of same sex couples
  17. 9Conversion of civil partnership into marriage
  18. 10Extra-territorial matters
  19. Effect of extension of marriage
  20. 11Effect of extension of marriage
  21. Part 2: Other provisions relating to marriage and civil partnership
  22. 12Change of gender of married persons or civil partners
  23. 13Marriage overseas
  24. 14Marriage according to the usages of belief organisations
  25. 15Review of civil partnership
  26. 16Survivor benefits under occupational pension schemes
  27. Part 3: Final provisions
  28. 17Transitional and consequential provision
  29. 18Orders and regulations
  30. 19Interpretation
  31. 20Extent
  32. 21Short title and commencement
  33. Schedule 1: Registration of buildings etc
  34. Introduction
  35. 1Paragraph 1
  36. Registration of buildings
  37. 2Paragraph 2
  38. Shared buildings
  39. 3Paragraph 3
  40. Schedule 2: Extra-territorial matters
  41. Part 1: English and Welsh marriages of same sex couples: treatment in Scotland and Northern Ireland
  42. Scotland
  43. 1Paragraph 1
  44. Northern Ireland
  45. 2Paragraph 2
  46. Contrary provision
  47. 3Paragraph 3
  48. Part 2: Marriage treated as civil partnership: dissolution, annulment or separation
  49. Order made in relation to civil partnership: validity in relation to marriage
  50. 4Paragraph 4
  51. Part 3: England and Wales: “overseas relationships” in Civil Partnership Act 2004 Not yet in force
  52. Marriage not an “overseas relationship” in England and Wales Not yet in force
  53. 5Paragraph 5 Not yet in force
  54. Schedule 3: Interpretation of legislation
  55. Part 1: Existing England and Wales legislation
  56. Interpretation of existing England and Wales legislation
  57. 1Paragraph 1
  58. Interpretation of legislation about couples living together as if married
  59. 2Paragraph 2
  60. 3Paragraph 3
  61. General
  62. 4Paragraph 4
  63. Part 2: New England and Wales legislation
  64. 5Paragraph 5
  65. Schedule 4: Effect of extension of marriage: further provision
  66. Part 1: Private legal instruments
  67. Existing instruments
  68. 1Paragraph 1
  69. Part 2: Presumption on birth of child to married woman
  70. Common law presumption
  71. 2Paragraph 2
  72. Part 3: Divorce and annulment of marriage
  73. Divorce
  74. 3Paragraph 3
  75. Annulment of marriage
  76. 4Paragraph 4
  77. Part 4: Matrimonial proceedings
  78. Amendment of the Domicile and Matrimonial Proceedings Act 1973
  79. 5Paragraph 5
  80. 6Paragraph 6
  81. 7Paragraph 7
  82. 8Paragraph 8
  83. 9Paragraph 9
  84. Transitory provision until commencement of Presumption of Death Act 2013
  85. 10Paragraph 10
  86. Part 5: State pensions
  87. Category B retirement pension for married person
  88. 11Paragraph 11 Repealed
  89. Category B retirement pension for widows and widowers
  90. 12Paragraph 12 Repealed
  91. Category B retirement pension for widowers
  92. 13Paragraph 13 Repealed
  93. Graduated retirement benefit
  94. 14Paragraph 14
  95. Adult dependency increases
  96. 15Paragraph 15
  97. Converted civil partnerships
  98. 16Paragraph 16 Repealed
  99. Part 6: Occupational pensions and survivor benefits
  100. Benefits dependent on marriage of same sex couples
  101. 17Paragraph 17
  102. Pension Schemes Act 1993
  103. 18Paragraph 18
  104. 19Paragraph 19
  105. 20Paragraph 20
  106. 21Paragraph 21
  107. 22Paragraph 22
  108. 23Paragraph 23
  109. 24Paragraph 24
  110. 25Paragraph 25
  111. 26Paragraph 26
  112. Part 7: Provisions which limit equivalence of all marriages etc
  113. Contrary provision
  114. 27Paragraph 27
  115. Schedule 5: Change of gender of married persons or civil partners
  116. Part 1: Applications by married persons and civil partners
  117. Introduction
  118. 1Paragraph 1
  119. Evidence
  120. 2Paragraph 2
  121. Successful applications
  122. 3Paragraph 3
  123. Issue of full certificate after interim certificate: applicant married
  124. 4Paragraph 4
  125. Applications by both civil partners
  126. 5Paragraph 5
  127. Errors in certificates
  128. 6Paragraph 6
  129. Applications: supplementary
  130. 7Paragraph 7
  131. Appeals etc
  132. 8Paragraph 8
  133. Registration
  134. 9Paragraph 9
  135. Change in gender of party to marriage
  136. 10Paragraph 10
  137. Change in gender of civil partners
  138. 11Paragraph 11
  139. Foreign gender change and marriage
  140. 12Paragraph 12
  141. Prohibition on disclosure of information
  142. 13Paragraph 13
  143. Interpretation
  144. 14Paragraph 14
  145. Part 2: Alternative grounds for granting applications for gender recognition certificates
  146. Introduction
  147. 15Paragraph 15
  148. Alternative grounds for granting applications
  149. 16Paragraph 16
  150. 17Paragraph 17
  151. Evidence for granting applications on alternative grounds
  152. 18Paragraph 18
  153. 19Paragraph 19
  154. Membership of Panels determining applications on alternative grounds
  155. 20Paragraph 20
  156. Schedule 6: Marriage overseas
  157. Part 1: Consular marriage under UK law
  158. Provision for consular marriage
  159. 1Paragraph 1
  160. Refusal by registration officer
  161. 2Paragraph 2
  162. No religious service
  163. 3Paragraph 3
  164. Treatment of marriage as taking place in part of UK for certain purposes
  165. 4Paragraph 4
  166. Validity of consular marriage
  167. 5Paragraph 5
  168. Interpretation
  169. 6Paragraph 6
  170. Part 2: Marriage under foreign law: certificates of no impediment
  171. Provision for certificates of no impediment
  172. 7Paragraph 7
  173. Part 3: Marriage of forces personnel under UK law
  174. Provision for marriage of armed forces personnel
  175. 8Paragraph 8
  176. Religious services at forces marriages of same sex couples
  177. 9Paragraph 9
  178. Treatment of marriage as taking place in part of UK for certain purposes
  179. 10Paragraph 10
  180. Validity of forces marriage
  181. 11Paragraph 11
  182. Interpretation
  183. 12Paragraph 12
  184. Part 4: General provisions
  185. Parliamentary scrutiny
  186. 13Paragraph 13
  187. Particular kinds of provision
  188. 14Paragraph 14
  189. Interpretation
  190. 15Paragraph 15
  191. Schedule 7: Transitional and consequential provision etc
  192. Part 1: Transitional and transitory provision
  193. Approval of premises for civil weddings
  194. 1Paragraph 1
  195. Part 2: Minor and consequential amendments
  196. Marriage Act 1949 (c. 76)
  197. 2Paragraph 2
  198. 3Paragraph 3
  199. 4Paragraph 4
  200. 5Paragraph 5
  201. 6Paragraph 6
  202. 7Paragraph 7
  203. 8Paragraph 8
  204. 9Paragraph 9
  205. 10Paragraph 10
  206. 11Paragraph 11
  207. 12Paragraph 12
  208. 13Paragraph 13
  209. 14Paragraph 14
  210. 15Paragraph 15
  211. 16Paragraph 16
  212. 17Paragraph 17
  213. 18Paragraph 18
  214. 19Paragraph 19
  215. 20Paragraph 20
  216. 21Paragraph 21
  217. Marriage (Registrar General's Licence) Act 1970
  218. 22Paragraph 22
  219. 23Paragraph 23
  220. 24Paragraph 24
  221. 25Paragraph 25
  222. Matrimonial Causes Act 1973 (c. 18)
  223. 26Paragraph 26
  224. 27Paragraph 27
  225. Public Order Act 1986 (c. 64)
  226. 28Paragraph 28
  227. Social Security Contributions and Benefits Act 1992 (c. 4)
  228. 29Paragraph 29
  229. 30Paragraph 30
  230. Pension Schemes Act 1993 (c. 48)
  231. 31Paragraph 31
  232. 32Paragraph 32
  233. Civil Partnership Act 2004 (c. 33)
  234. 33Paragraph 33
  235. 34Paragraph 34
  236. 35Paragraph 35
  237. 36Paragraph 36
  238. Human Fertilisation and Embryology Act 2008 (c. 22)
  239. 37Paragraph 37
  240. 38Paragraph 38
  241. 39Paragraph 39
  242. 40Paragraph 40
  243. 41Paragraph 41
  244. Equality Act 2010 (c. 15)
  245. 42Paragraph 42
  246. 43Paragraph 43
  247. 44Paragraph 44
  248. 45Paragraph 45