Long title | An Act to consolidate Enactments relating to the Marriage of British Subjects outside the United Kingdom. |
---|---|
Citation | 55 & 56 Vict. c. 23 |
Territorial extent | Originally the United Kingdom of Great Britain and Ireland; presently the Republic of Ireland. |
Dates | |
Royal assent | 27 June 1892 |
Commencement | 27 June 1892 |
Repealed | 3 June 2014: England, Wales and Scotland 13 January 2020: Northern Ireland |
Other legislation | |
Repealed by | Marriage (Same Sex Couples) Act 2013: England, Wales and Scotland The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019: Northern Ireland |
Status | |
England and Wales | Repealed |
Scotland | Repealed |
Republic of Ireland | Amended |
Northern Ireland | Repealed |
Text of statute as originally enacted | |
Revised text of statute as amended (Great Britain and Northern Ireland) (Republic of Ireland) Revised text of statute as amended] |
The Foreign Marriage Act 1892 (55 & 56 Vict. c. 23) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland, enacted to provide legal authority for marriages of British subjects performed outside the United Kingdom. It authorised British officials abroad to perform the marriage ceremony, and set out the necessary formalities to be followed, such as notice requirements and registration of the marriage with the British government. Marriages performed under the act would then be recognised under British law as if they had been performed in the United Kingdom. The act also provided that marriages performed abroad under local laws could be registered with the British government, provided a British consular official personally witnessed the marriage.
When originally enacted in 1892, the act applied to all of Great Britain and Ireland. It was repealed in 2013 for England, Wales, and Scotland, while repealed in 2019 for Northern Ireland, though the act is still in force in the Republic of Ireland.
Until their repeal, sections of the act also defined the procedures used for consular marriages, which until recently – with the abolition of extraterritoriality for British subjects abroad or within the British Empire, the obsolescence of the class of the British Protected Person and the development of the concept of Lex loci celebrationis and the qualifications for its invocation (especially by the case of Radwan v Radwan (1972) (3 All ER 967), which effectively rendered foreign and Commonwealth consular marriages and British consular marriages alike invalid in England) in English law – allowed British subjects to get married abroad but under the matrimonial laws of England rather than foreign laws, through the British consul-general, consul, consulate or consular section.
The act also defined the procedures for marriage by members of Her Majesty's Armed Forces in the United Kingdom outside of the United Kingdom. [1]
The act was substantially amended by the Foreign Marriage (Amendment) Act 1988.
The act was repealed in England and Wales the Marriage (Same-Sex Couples) Act 2013, which came into force on 3 June 2014. [2] The act was also repealed in Scotland. [3] The repeal did not extend to Northern Ireland. The act was repealed in Northern Ireland by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, which came into force on 13 January 2020. [4]
The act is still in force in the Republic of Ireland, as originally enacted and containing references to "British", "the United Kingdom", "England", "the Church of England" and "British subjects". [5] The act is considered obsolete.[ citation needed ]
Marriages overseas are now provided in Schedule 6 of the Marriage (Same-Sex Couples) Act 2013.
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
The Civil Partnership Act 2004 is an Act of the Parliament of the United Kingdom, introduced by the Labour government, which grants civil partnerships in the United Kingdom the rights and responsibilities very similar to those in civil marriage. Initially the Act permitted only same-sex couples to form civil partnerships. This was altered to include opposite-sex couples in 2019. Civil partners are entitled to the same property rights as married couples, the same exemption as married couples regarding social security and pension benefits, and also the ability to exercise parental responsibility for a partner's children, as well as responsibility for reasonable maintenance of one's partner and their children, tenancy rights, full life insurance recognition, next-of-kin rights in hospitals, and others. There is a formal process for dissolving civil partnerships, akin to divorce.
Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.
Same-sex marriage is legal in all parts of the United Kingdom. As marriage is a devolved legislative matter, different parts of the United Kingdom legalised at different times; it has been recognised and performed in England and Wales since March 2014, in Scotland since December 2014, and in Northern Ireland since January 2020. Civil partnerships, which offer most, but not all, of the rights and benefits of marriage, have been recognised since 2005. The United Kingdom was the 27th country in the world and the sixteenth in Europe to allow same-sex couples to marry nationwide. Polling suggests that a majority of British people support the legal recognition of same-sex marriage.
Marriage Act may refer to a number of pieces of legislation:
The primary law governing nationality of Ireland is the Irish Nationality and Citizenship Act, 1956, which came into force on 17 July 1956. Ireland is a member state of the European Union (EU) and all Irish nationals are EU citizens. They are entitled to free movement rights in EU and European Free Trade Association (EFTA) countries and may vote in elections to the European Parliament.
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the United Kingdom of Great Britain and Northern Ireland have developed significantly over time. Today, lesbian, gay and bisexual rights are considered to be advanced by international standards.
Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Previously the minimum age of marriage was 16, with parental permission. This also applies to civil partnerships.
Lesbian, gay, bisexual, and transgender (LGBT) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".
Same-sex marriage has been legal in Northern Ireland since 13 January 2020, following the enactment of the Northern Ireland Act 2019. The first marriage ceremony took place on 11 February 2020. Civil partnerships have also been available for same-sex couples in Northern Ireland since their introduction by the Government of the United Kingdom in 2005.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 is an Act of the Oireachtas which allows same-sex couples to enter into civil partnerships. The Act also provides rights for participants in long-term cohabiting relationships who have not entered into a civil partnership or marriage. There is no difference, under the Act, in the rights and obligations accorded to opposite-sex cohabiting couples or same-sex cohabiting couples; however, there are significant differences between the rights and obligations accorded to civil partners (same-sex) and those accorded to married couples (opposite-sex). The Act marks the penultimate legal step towards the recognition of same-sex partnerships; following the Marriage Act 2015, same-sex partners had access to marriage on the same basis as opposite-sex partners, with civil partnership no longer available.
The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.
A civil, or registrar, ceremony is a non-religious legal marriage ceremony performed by a government official or functionary. In the United Kingdom, this person is typically called a registrar. In the United States, civil ceremonies may be performed by town, city, or county clerks, judges or justices of the peace, or others possessing the legal authority to support the marriage as the wedding officiant.
Same-sex marriage has been legal in the Pitcairn Islands since 14 May 2015. An ordinance to permit same-sex marriages was passed unanimously by the Island Council on 1 April 2015, and received royal assent by Governor Jonathan Sinclair on 5 May.
Same-sex marriage has been legal in Akrotiri and Dhekelia since 3 June 2014. An Order in Council to legalise same-sex marriages was approved by the Privy Council of the United Kingdom on 28 April 2014 and came into effect on 3 June. However, this only applies if one of the parties to the marriage is a member of the British Armed Forces. The order does not apply to the local civil population residing in Akrotiri and Dhekelia. Military personnel have also been able to enter into civil partnerships since 2005.
Same-sex marriage has been legal in the British Antarctic Territory since 13 October 2016. A new marriage ordinance bringing territorial legislation in line with the law in force in England and Wales was proclaimed by Commissioner Peter Hayes on 13 October, legalising marriage by same-sex couples in the British Antarctic Territory.
Same-sex marriage has been legal in the British Indian Ocean Territory since 3 June 2014. An Order in Council to legalise same-sex marriages was enacted by the Privy Council of the United Kingdom on 28 April 2014, and took effect on 3 June. The British Indian Ocean Territory, despite having no permanent population, was among the first British Overseas Territories to legalise same-sex marriage.
Same-sex marriage has been legal in South Georgia and the South Sandwich Islands since 13 March 2014, in accordance with the law in force in England and Wales, although the Foreign and Commonwealth Office only updated its travel advice website page to include a note about it in January 2018. South Georgia and the South Sandwich Islands, despite having no permanent population, was the first British Overseas Territory to recognise same-sex marriage.
The Northern Ireland Act 2019, colloquially known as the 2019 Northern Ireland Act, is an Act of the Parliament of the United Kingdom that provided for the extension of the period for forming a Northern Ireland executive until 13 January 2020. The Act also extended the powers of the Secretary of State for Northern Ireland during this time whilst imposing several conditions. The Act requires that the Secretary of State report regularly to Parliament, designed to limit the ability of the sovereign to prorogue parliament, as well as providing for the legalisation of same-sex marriage and opposite-sex civil partnership in Northern Ireland and the liberalisation of abortion laws if no executive was formed by midnight on 21 October 2019. After the deadline passed, abortion was decriminalised automatically by repeal of Sections 58 and 59 of the Offences Against the Person Act 1861; in December 2019 the British Government passed regulations legalising same-sex marriage and opposite-sex civil partnerships on 13 January 2020. Further regulations governing abortion came into force on 31 March 2020.