Search Legislation

Advanced Search

Marriage Act 1949

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1.

FIRST SCHEDULEKINDRED AND AFFINITY

PART I

Prohibited degrees of relationship

MotherFather
DaughterSon
Father's motherFather's father
Mother's motherMother's father
Son's daughterSon's son
Daughter's daughterDaughter's son
SisterBrother
Wife's motherHusband's father
Wife's daughterHusband's son
Father's wifeMother's husband
Son's wifeDaughter's husband
Father's father's wifeFather's mother's husband
Mother's father's wifeMother's mother's husband
Wife's father's motherHusband's father's father
Wife's mother's motherHusband's mother's father
Wife's son's daughterHusband's son's son
Wife's daughter's daughterHusband's daughter's son
Son's son's wifeSon's daughter's husband
Daughter's son's wifeDaughter's daughter's husband
Father's sisterFather's brother
Mother's sisterMother's brother
Brother's daughterBrother's son
Sister's daughterSister's son

PART II

Statutory exceptions from prohibited degrees of relationship

Deceased wife's sisterDeceased sister's husband
Deceased brother's wifeDeceased husband's brother
Deceased wife's brother's daughterFather's deceased sister's husband
Deceased wife's sister's daughterMother's deceased sister's husband
Father's deceased brother's wifeDeceased husband's brother's son
Mother's deceased brother's wifeDeceased husband's sister's son
Deceased wife's father's sisterBrother's deceased daughter's husband
Deceased wife's mother's sisterSister's deceased daughter's husband
Brother's deceased son's wifeDeceased husband's father's brother
Sister's deceased son's wifeDeceased husband's mother's brother

Section 3.

SECOND SCHEDULECONSENTS REQUIRED TO THE MARRIAGE OF AN INFANT BY COMMON LICENCE OR SUPERINTENDENT REGISTRAR'S CERTIFICATE

I. Where the Infant is Legitimate.

Circumstances.Person or Persons whose consent is required.
1. Where both parents are living :
(a) if parents are living together;Both parents.
(b) if parents are divorced or separated by order of any court or by agreement;The parent to whom the custody of the infant is committed by order of the court or by the agreement, or, if the custody of the infant is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents.
(c) if one parent has been deserted by the other;The parent who has been deserted.
(d) if both parents have been deprived of custody of infant by order of any court.The person to whose custody the infant is committed by order of the court.
2. Where one parent is dead :
(a) if there is no other guardian;The surviving parent.
(b) if a guardian has been appointed by the deceased parent.The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of the infant.
3. Where both parents are dead.The guardians or guardian appointed by the deceased parents or by the court under section four of The Guardianship of Infants Act, 1925.

II. Where the Infant is Illegitimate.

Circumstances.Person whose consent is required.
If the mother of the infant is alive.The mother, or if she has by order of any court been deprived of the custody of the infant, the person to whom the custody of the infant has been committed by order of the court.
If the mother of the infant is dead.The guardian appointed by the mother.

Section 68.

THIRD SCHEDULECAPACITIES REFERRED TO IN SECTION 68 (2) (d) OF THIS ACT

PART INaval Forces

  • Employment with the medical branch of the Royal Navy as an officer.

  • Member of the Women's Royal Naval Service.

  • Member of Queen Alexandra's Royal Naval Nursing Service, or its reserve.

PART IIMilitary Forces

  • Employment with the Royal Army Medical Corps as an officer.

  • Member of Queen Alexandra's Imperial Military Nursing Service, or its reserve.

  • Member of the Auxiliary Territorial Service.

PART IIIAir Forces

  • Employment with the medical branch of the Royal Air Force as an officer.

  • Member of Princess Mary's Royal Air Force Nursing Service, or its reserve.

  • Member of the Women's Auxiliary Air Force.

Sections 69, 70.

FOURTH SCHEDULEPROVISIONS OF ACT WHICH ARE EXCLUDED OR MODIFIED IN THEIR APPLICATION TO NAVAL, MILITARY AND AIR FORCE CHAPELS

PART IExclusion of Provisions relating to Marriages according to the Rites of the Church of England

  • Subsection (4) of section six.

  • Paragraph (b) of subsection (1) of section fifteen.

  • The proviso to section seventeen.

  • Section eighteen.

  • Section twenty.

  • Subsection (3) of section thirty-five.

  • The proviso to subsection (1) of section forty-four.

  • Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as those sections relate to the registration of marriages by clergymen and to the duties of incumbents in relation to marriage register books.

PART IIModification of Provisions relating to Marriages according to the Rites of the Church of England

  • Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

  • Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.

  • Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.

  • Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.

  • Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

  • Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

  • Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act for the purpose of registering marriages, in whose presence the marriage is solemnized.

PART IIIExclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

  • The proviso to section seventeen.

  • The proviso to subsection (2) of section twenty-six.

  • Section forty-one.

  • Section forty-two.

  • The proviso to subsection (1) of section forty-four.

PART IVModification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

  • Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.

  • Sections forty-three, forty-four and fifty-four shall apply as if for any reference to the trustees or governing body of a building there were substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.

Section 79.

FIFTH SCHEDULEENACTMENTS REPEALED

PART I

Acts of Parliament repealed

Session and Chapter.Short Title.Extent of Repeal.
32 Hen. 8, c. 38The Marriage Act, 1540The whole Act.
2 & 3 Edw. 6, c. 23.—The whole Act.
4 Geo. 4, c. 76The Marriage Act, 1823The whole Act.
5 Geo. 4, c. 32The Marriage Act, 1824The whole Act.
11 Geo. 4 & 1 Will. 4, c. 18.The Marriage Confirmation Act, 1830.Section two.
11 Geo. 4 & 1 Will. 4, c. 66.The Forgery Act, 1830In section twenty-one the words " marriage " and " or of the parties married ".
5 & 6 Will. 4, c. 54.The Marriage Act, 1835The whole Act.
6 & 7 Will. 4, c. 85.The Marriage Act, 1836The whole Act except sections three, seventeen and forty-five.
6 & 7 Will. 4, c. 86.The Births and Deaths Registration Act, 1836.Sections thirty, thirty-one, thirty-three, forty, forty-two and forty-four and Schedule C, and so much of sections seventeen, thirty-four, thirty-five, thirty-seven and thirty-eight as relates to registers of marriages or to certified copies thereof.
7 Will. 4 & 1 Vict. c. 22.The Births and Deaths Registration Act, 1837.Sections one, three, five, twenty-three, twenty-seven and thirty-three to thirty-six, and so much of sections twenty-six, twenty-eight and twenty-nine as relates to registers of marriages or to certified copies thereof.
3 & 4 Vict. c. 72The Marriage Act, 1840The whole Act.
19 & 20 Vict. c. 119.The Marriage and Registration Act, 1856.The whole Act except sections fifteen, sixteen, twenty-four and twenty-five.
20 Vict. c. 19.The Extra-Parochial Places Act, 1857.Sections nine and ten.
23 & 24 Vict. c 18.The Marriage (Society of Friends) Act, 1860.The whole Act.
23 & 24 Vict. c. 24.The Marriage Confirmation Act, 1860.The whole Act.
35 & 36 Vict. c. 10.The Marriage (Society of Friends) Act, 1872.The whole Act.
37 & 38 Vict. c. 88.The Births and Deaths Registration Act, 1874Section thirty-two so far as it relates to the making of indexes of registers of marriages, section forty-one so far as it relates to documents relating to marriages, and the Second Schedule so far as it relates to fees payable for searches in marriage registers and for certified copies of entries therein.
49 & 50 Vict. c. 3.The Marriages Validity Act, 1886.The whole Act.
49 & 50 Vict. c. 14.The Marriage Act, 1886The whole Act.
61 & 62 Vict. c. 58.The Marriage Act, 1898The whole Act.
62 & 63 Vict. c. 27.The Marriages Validity Act, 1899.The whole Act so far as it relates to marriages solemnized in England.
7 Edw. 7, c. 47The Deceased Wife's Sister's Marriage Act, 1907.The whole Act.
8 Edw. 7, c. 26The Naval Marriages Act, 1908.The whole Act so far as it relates to marriages solemnized in England.
11 & 12 Geo. 5, c. 24.The Deceased Brother's Widow's Marriage Act, 1921.The whole Act.
15 & 16 Geo. 5, c. 45.The Guardianship of Infants Act, 1925.Section nine, in subsection (2) of section eleven the words except so far as it amends the law relating to the marriage of infants " and the Schedule.
19 & 20 Geo. 5, c. 36.The Age of Marriage Act, 1929.In section one, in subsection (1) the words from the beginning to " Provided that " and paragraph (a) of subsection (2).
21 & 22 Geo. 5, c. 31.The Marriage (Prohibited Degrees of Relationship) Act, 1931.Section one and in subsection (1) of section three the words from " and this Act " to the end of the subsection and subsections (2) (3) and (4) of that section.
22 & 23 Geo. 5, c. 31.The Marriage (Naval, Military, and Air Force Chapels) Act, 1932.The whole Act.
24 & 25 Geo. 5, c. 13.The Marriage (Extension of Hours) Act, 1934.In section one, subsection (1) and in subsection (2) the words " the Marriage Act, 1886 and ", section two, and in section three the words " and this Act and the Marriage Acts, 1811 to 1932 may be cited together as the Marriage Acts, 1811 to 1934
2 & 3 Geo. 6, c. 33.The Marriage Act, 1939Section one, so far as it relates to marriages solemnized in England, in subsection (3) of section two the words " section eight of the Marriage and Registration Act, 1856, section three of the Naval Marriages Act, 1908 and " and section three.
2 & 3 Geo. 6, c. 35.The Marriages Validity Act, 1939.The whole Act.
4 & 5 Geo. 6 c. 47.The Marriage (Members of His Majesty's Forces) Act, 1941.The whole Act.

PART II

Church Assembly Measures repealed

Session and Chapter.Short Title.Extent of Repeal.
14 & 15 Geo. 5, No. 2.The Union of Benefices Measure, 1923.Subsection (3) of section twenty-five.
20 & 21 Geo. 5, No. 3.The Marriage Measure, 1930.The whole Measure.
24 & 25 Geo. 5, No. 2.The Banns of Marriage Measure, 1934.The whole Measure.
1 & 2 Geo. 6, No. 1.The Marriage (Licensing of Chapels) Measure, 1938.The whole Measure.
4 & 5 Geo. 6, No. 1.The Diocesan Reorganisation Committees Measure, 1941.Paragraph (iii) of subsection (3) of section three.
6 & 7 Geo. 6, No. 1.The New Parishes Measure, 1943.Section twenty-five.
7 & 8 Geo. 6, No. 1.The Reorganisation Areas Measure, 1944.In section twenty-four the words " marriage registers and other " and the proviso to that section and subsection (2) of section twenty-eight.
12 & 13 Geo. 6, No. 3.The Pastoral Reorganisation Measure, 1949.In subsection (1) of section six the words from " and where banns " to the end of the subsection.

Section 80.

SIXTH SCHEDULEPROVISIONS OF ACT WHICH DO NOT EXTEND TO WALES.

  • Subsection (4) of section six.

  • Section nine.

  • Section ten.

  • Subsection (2) of section eleven.

  • Paragraph (b) of subsection (1) of section fifteen.

  • Paragraph (b) of subsection (1) of section sixteen so far as it relates to marriages to be solemnized in the usual place of worship of one of the parties.

  • Section nineteen.

  • Subsection (7) of section twenty.

  • Section twenty-three.

  • Subsection (3) of section thirty-five.

  • Section seventy-two.

TABLE OF STATUTES REFERRED TO IN THIS ACT.

Short Title.Session and Chapter.
Ecclesiastical Licences Act, 153325 Hen. 8. c. 21.
Marriage Act, 18234 Geo. 4. c. 76.
Marriage Confirmation Act, 18256 Geo. 4. c. 92.
Births and Deaths Registration Act, 18366 & 7 Will. 4. c. 86.
New Parishes Act, 185619 & 20 Vict. c. 104.
Marriage Notice (Scotland) Act, 187841 & 42 Vict. c. 43.
Interpretation Act, 188952 & 53 Vict. c. 63.
Deceased Wife's Sister's Marriage Act, 19077 Edw. 7. c. 47.
Criminal Justice Administration Act, 19144 & 5 Geo. 5. c. 58.
Union of Benefices Measure, 192314 & 15 Geo. 5. No. 2.
Guardianship of Infant Act, 192515 & 16 Geo. 5. c. 45.
Adoption of Children Act, 192616 & 17 Geo. 5. c. 29.
Representation of the Laity Measure, 192919 & 20 Geo. 5. No. 2.
Diocesan Reorganisation Committees Measure, 19414 & 5 Geo. 6. No. 1.
New Parishes Measure, 19436 & 7 Geo. 6. No. 1.
Reorganisation Areas Measure, 19447 & 8 Geo. 6. No. 1.
Pastoral Reorganisation Measure, 1949.12 & 13 Geo. 6. No. 3.
Consolidation of Enactments (Procedure) Act, 194912 & 13 Geo. 6. c. 33.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources