Marriage Act 1949

Last updated

Marriage Act 1949 [1]
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Long title 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.
Citation 12, 13 & 14 Geo. 6. c. 76
Dates
Royal assent 24 November 1949
Commencement 1 January 1950 [2]
Other legislation
Repeals/revokes Marriages (Pre-contract) Act 1548
Amended byRegistration Service Act 1953
Statute Law Revision Act 1953
Marriage Act 1949 (Amendment) Act 1954
Marriage Acts Amendment Act 1958
Marriage (Secretaries of Synagogues) Act 1959
Marriage (Enabling) Act 1960
Marriages (Wales and Monmouthshire) Act 1962
Statute Law (Repeals) Act 1975
Marriage (Scotland) Act 1977
Armed Forces Act 1981
Criminal Justice Act 1982
Marriage Act 1983
Pastoral Measure 1983
Marriage (Prohibited Degrees of Relationship) Act 1986
Marriage (Wales) Act 1986
Patronage (Benefices) Measure 1986
Family Law Reform Act 1987
Children Act 1989
Marriage (Registration of Buildings) Act 1990
Marriage Act 1994
City of London (Approved Premises for Marriage) Act 1996
Marriage Ceremony (Prescribed Words) Act 1996
Immigration and Asylum Act 1999
Armed Forces Act 2001
Civil Partnership Act 2004
Gender Recognition Act 2004
Church of England Marriage Measure 2008
Marriage (Wales) Act 2010
Ecclesiastical Fees (Amendment) Measure 2011
Mission and Pastoral Measure 2011
Church of England Marriage (Amendment) Measure 2012
Protection of Freedoms Act 2012
Crime and Courts Act 2013
Marriage (Same Sex Couples) Act 2013
Defence Reform Act 2014
Immigration Act 2014
Deregulation Act 2015
Immigration Act 2016
Church of England (Miscellaneous Provisions) Measure 2018
Church Property Measure 2018
Church Representation and Ministers Measure 2019
Marriage and Civil Partnership (Minimum Age) Act 2022
Victims and Prisoners Act 2024
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended

The Marriage Act 1949 (12, 13 & 14 Geo. 6. c. 76) is an Act of the Parliament of the United Kingdom regulating marriages in England and Wales.

Contents

The Act had prohibited solemnizing marriages during evenings and at night. Since the Marriage Act 1836 it had been forbidden to marry between the hours of six in the evening and eight in the morning. This prohibition was repealed [3] on 1 October 2012. [4] [5]

The Marriage Act 1949 was the first Act to be enacted under the Consolidation of Enactments (Procedure) Act 1949. [6]

Section 1 - Marriages within prohibited degrees

Section 1 marriages of persons within the prohibited degrees of relationships listed in the schedule are void. [7]

The prohibited relationships were based on the Table of Kindred and Affinity which had been included in the Book of Common Prayer of the Church of England since 1662. [8] The list included parents, grandparents, children, grandchildren, siblings, aunts and uncles, nieces and nephews, as well as a number of affinity relationships. The Children Act 1975 added adoptive parents and children, and former adoptive parents and children to the prohibited list. The list was significantly changed, especially by the Marriage (Prohibited Degrees of Relationship) Act 1986, which removed affinity relationships from the list and made other changes. [9]

Section 2 - Marriages of persons under sixteen

This section re-enacts section 1 of the Age of Marriage Act 1929 which set the minimum marriage age at 16 with consent of parents or guardians and 21 (since lowered to 18) without that consent. Marriages contracted by persons either of whom is under the age of 16 years are void. [10] [11] Before 1929, the common law and canon law applied so that a person who had attained the legal age of puberty could contract a valid marriage. A marriage contracted by persons either of whom was under the legal age of puberty was voidable. The legal age of puberty was 14 for males and 12 for females.

In 1971, Eekelaar wrote that the prohibition now contained in this section "though desirable, is extreme and inflexible." According to him it could result in "genuine hardship", such as where it is discovered, after years of apparent marriage, that a mistake was made, at the time of the ceremony, regarding the age of one of the spouses, or where one of the spouses concealed their real age, though, after 1971, some protection was afforded by section 6 of the Law Reform (Miscellaneous Provisions) Act 1970 [12] (now repealed and replaced by the Inheritance (Provision for Family and Dependants) Act 1975).

Section 4 - Hours for solemnization of marriages

Originally, a marriage had to be solemnized between 8am and 6pm. The section was repealed by the Protection of Freedoms Act 2012. [13] [14]

Section 75 - Offences relating to solemnization of marriages

Section 75(1)(a) was repealed by the Protection of Freedoms Act 2012. [15] [16]

Royal family

The wedding of Charles, Prince of Wales and Camilla Parker Bowles in 2005 brought into question whether civil marriages were available to members of the British royal family. Lord Falconer, the Lord Chancellor, replied to the House of Lords that in his opinion the marriage was in accordance with the 1949 Act. [17] [18]

See also

Related Research Articles

The Parliament of Canada has exclusive legislative authority over marriage and divorce in Canada under section 91(26) of the Constitution Act, 1867. However, section 92(12) of the Constitution Act, 1867 gives the provincial legislatures the power to pass laws regulating the solemnization of marriage.

<span class="mw-page-title-main">Affinity (Catholic canon law)</span> Concept in impediments to marriage

In Catholic canon law, affinity is an impediment to marriage of a couple due to the relationship which either party has as a result of a kinship relationship created by another marriage or as a result of extramarital intercourse. The relationships that give rise to the impediment have varied over time. Marriages and sexual relations between people in an affinity relationship are regarded as incest.

<span class="mw-page-title-main">Deceased Wife's Sister's Marriage Act 1907</span> Act of Parliament of the United Kingdom

The Deceased Wife's Sister's Marriage Act 1907 was an Act of the Parliament of the United Kingdom, allowing a man to marry his dead wife's sister, which had previously been forbidden. This prohibition had derived from a doctrine of canon law whereby those who were connected by marriage were regarded as being related to each other in a way which made marriage between them improper.

<span class="mw-page-title-main">Marriage in England and Wales</span> United Kingdom legislation

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.

Article 809 of the Korean Civil Code was the codification of a traditional rule prohibiting marriage between men and women who have the same surname resulting from belonging to the same clan and possessing the same genealogical patriline and sharing the same ancestral home (bon-gwan). On 16 July 1997, the Constitutional Court of Korea ruled the article unconstitutional. The National Assembly of South Korea passed an amendment to the Article in March 2002, which came into force on 31 March 2005, and prohibited marriage only between men and women who are closely related.

<span class="mw-page-title-main">Marriage law</span> Overview of marriage law worldwide

Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.

In law, a prohibited degree of kinship refers to a degree of consanguinity, or sometimes affinity between persons that makes sex or marriage between them illegal.

<span class="mw-page-title-main">Same-sex marriage law in the United States by state</span>

This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.

A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, or an annulment may be required to remove any legal impediment to a subsequent marriage. A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.

<span class="mw-page-title-main">Canadian family law</span>

Family law in Canada concerns the body of Canadian law dealing with domestic partnerships, marriage, and divorce.

Laws regarding incest vary considerably between jurisdictions, and depend on the type of sexual activity and the nature of the family relationship of the parties involved, as well as the age and sex of the parties. Besides legal prohibitions, at least some forms of incest are also socially taboo or frowned upon in most cultures around the world.

India does not recognise same-sex marriage, civil unions or other forms of partnerships, but provides some limited legal recognition to cohabiting same-sex couples in the form of live-in relationships. Several same-sex couples have married in traditional Hindu ceremonies since the late 1980s; however, these marriages are not registered with the state and couples do not enjoy all the same rights and benefits as married opposite-sex couples. The Supreme Court of India in August 2022 provided social security rights to those in same-sex live-in relationships while also recognising same-sex couples as being part of a "family unit".

The Supreme Court decision in Obergefell v. Hodges that legalized same-sex marriage in the states and most territories did not legalize same-sex marriage on Indian reservations. In the United States, Congress has legal authority over tribal reservations. Thus, unless Congress passes a law regarding same-sex marriage that is applicable to tribal governments, federally recognized American Indian tribes have the legal right to form their own marriage laws. As such, the individual laws of the various United States federally recognized Native American tribes may set limits on same-sex marriage under their jurisdictions. At least ten reservations specifically prohibit same-sex marriage and do not recognize same-sex marriages performed in other jurisdictions; these reservations remain the only parts of the United States to enforce explicit bans on same-sex couples marrying.

<span class="mw-page-title-main">Protection of Freedoms Act 2012</span> United Kingdom legislation

The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. On Tuesday, 1 May 2012, the Protection of Freedoms Bill completed its passage through Parliament and received royal assent.

<span class="mw-page-title-main">North Carolina Amendment 1</span>

North Carolina Amendment 1 is a partially overturned legislatively referred constitutional amendment in North Carolina that amended the Constitution of North Carolina to add ARTICLE XIV, Section 6, which prohibit the state from recognizing or performing same-sex marriages, civil unions or civil union equivalents by defining male–female marriage as "the only domestic legal union" considered valid or recognized in the state. It did not prohibit domestic partnerships in the state and also constitutionally protected same-sex and opposite-sex prenuptial agreements, which is the only part that is still in effect today. On May 8, 2012, North Carolina voters approved the amendment, 61% to 39%, with a voter turnout of 35%. On May 23, 2012, the amendment took effect.

<span class="mw-page-title-main">Marriage in New Zealand</span>

Marriage in New Zealand is governed by an Act of Parliament. The minimum marriage age is 18 years, or 16 years with consent of the Family Court. Polygamous marriages are not permitted in New Zealand. There are prohibitions of marriages between some relatives and some who are already in a civil union.

<span class="mw-page-title-main">Clandestine Marriages Act 1753</span> United Kingdom legislation

The Clandestine Marriages Act 1753, also called the Marriage Act 1753, long title "An Act for the Better Preventing of Clandestine Marriage", popularly known as Lord Hardwicke's Marriage Act, was the first statutory legislation in England and Wales to require a formal ceremony of marriage. It came into force on 25 March 1754. The Act contributed to a dispute about the validity of a Scottish marriage, although pressure to address the problem of irregular marriages had been growing for some time.

The Prohibition of Child Marriage Act 2006 came into force on 1 November 2007 in India. It forbids child marriages, and protects and provides assistance to the victims of child marriages.

Child marriage is practiced in some parts of Pakistan, with the highest prevalence in the Sindh province. It disproportionately affects the girl child. According to UNICEF report from 2018, around 18% of the girls in Pakistan are married before the age of 18 giving it the lowest rate of child marriage in South Asia after Sri Lanka. Child marriage occurs most often in rural and the primary driving factor is poverty among the low-income households where education is minimal.

<span class="mw-page-title-main">Age of Marriage Act 1929</span> United Kingdom legislation

The Age of Marriage Act 1929 was an act of the Parliament of the United Kingdom which increased the age of marriage to sixteen. It was passed in response to a campaign by the National Union of Societies for Equal Citizenship.

References

  1. The citation of this Act by this short title is authorised by section 80(1) of this Act.
  2. The Marriage Act 1949, section 80(4)
  3. The Protection of Freedoms Act 2012, section 114
  4. The Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012 (S.I. 2012/2234), article 3(m)
  5. "Night-time weddings to be allowed". BBC News Online . 12 February 2011.
  6. O Hood Phillips. A First Book of English Law. Fourth Edition. Sweet and Maxwell. 1960. Page 90.
  7. Marriage Act 1949, s. 1
  8. Table of Kindred and Affinity
  9. "Marriage Act 1949 (c. 76)". The UK Statute Law database. Retrieved 30 August 2010.
  10. Marriage Act 1949, s. 2
  11. Bromley and Lowe. Bromley's Family Law. Eighth Edition. Butterworths. 1992. p 35.
  12. John Eekelar. Family Security and Family Breakdown. Penguin Books. 1971. p 59.
  13. Protection of Freedoms Act 2012, section 114(1)(a)
  14. The Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012 (S.I. 2012/2234), article 3(m)
  15. Protection of Freedoms Act 2012, section 114(1)(b)
  16. Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012 (S.I. 2012/2234), article 3(m)
  17. "Royal wedding legal says minister". BBC News Online . 23 February 2005.
  18. Hansard, 24 February 2005, vol. 669

Bibliography