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Marriage Act 1939

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1Notices and certificates where one party resides in Scotland and the other in England.

(1)Where it is intended that a marriage shall be solemnized in England, or that a regular marriage shall be contracted or celebrated in Scotland, between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

(a)the party residing in Scotland may, subject to and in accordance with the provisions of section seven of the Marriage Notice (Scotland) Act, 1878, give notice of the intended marriage as if the parties were residing in different parishes or districts in Scotland and (where the marriage is to be solemnized in England) as if it were intended to be contracted or celebrated in Scotland, and the provisions of that Act relating to notices of intended marriages and the granting of certificates of due publication thereof shall apply accordingly;

(b)the party residing in England may, subject to and in accordance with the provisions of section four of the Marriage Act, 1836, as amended by any subsequent enactment, give notice of the intended marriage as if the parties were residing in different districts in England and (where the marriage is to be contracted or celebrated in Scotland) as if it were intended to be solemnized in England, and the provisions of the Marriage Acts, 1811 to 1934, relating to notices of marriage and the issue of certificates for marriage shall apply accordingly;

(c)where the marriage is to be solemnized in England—

(i)a certificate of due publication of a notice of the intended marriage granted in Scotland by virtue of paragraph (a) of this section shall, for the purpose of the marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar in England under the Marriage Acts, 1811 to 1934; and

(ii)for the purpose of any enactment limiting the time within which the marriage may be solemnized by reference to the day of entry of the notice, the notice shall be deemed to have been entered by a superintendent registrar in England on the day on which it was given;

(d)where the marriage is to be contracted or celebrated in Scotland, a certificate for marriage issued in England by virtue of paragraph (b) of this section shall, for the purpose of the marriage, be of the like force and effect in all respects as a certificate granted by a registrar in Scotland under section nine of the Marriage Notice (Scotland) Act, 1878.

(2)This section shall come into operation on the first day of October nineteen hundred and thirty-nine.

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