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Marriage Act 1949

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25 Void marriages.E+W

[F1(1)A marriage shall be void in any of the following cases.]

[F2(2)][F3Case A is where any persons] knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence)—

(a)[F4except in the case of a marriage in pursuance of section 26(1)(dd) of this Act,] in any place other than a church or other building in which banns may be published;

(b)without banns having been duly published, a common licence having been obtained, or [F5certificates] having been duly issued under Part III of this Act by a superintendent registrar to whom due notice of marriage has been given; or

(c)on the authority of a publication of banns which is void by virtue of subsection (3) of section three or subsection (2) of section twelve of this Act, on the authority of a common licence which is void by virtue of subsection (3) of section sixteen of this Act, or on the authority of [F6certificates of a superintendent registrar which are] void by virtue of subsection (2) of section thirty-three of this Act;

(d)in the case of a marriage on the authority of [F7certificates] of a superintendent registrar, in any place other than the church [F8building or other place specified in the [F7notices of marriage and certificates] as the place where the marriage is to be solemnized].

[F9(3)Case B is where any persons knowingly and wilfully consent to or acquiesce in the solemnization of a Church of England marriage between them by a person who is not in Holy Orders.

(4)Case C is where any persons of the same sex consent to or acquiesce in the solemnization of a Church of England marriage between them.

(5)In subsections (3) and (4) “Church of England marriage” means a marriage according to the rites of the Church of England.]

Textual Amendments

F5Word in s. 25(b) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(a); S.I. 2000/2698, art. 2

F6Words in s. 25(c) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(b); S.I. 2000/2698, art. 2

F7Words in s. 25(d) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 7(c); S.I. 2000/2698, art. 2

F9S. 25(3)-(5) substituted for words in s. 25(2) (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 4(4); S.I. 2014/93, art. 3(k)(i)

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