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Colonial Marriages Act 1865

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Colonial Marriages Act 1865

1865 CHAPTER 64

An Act to remove Doubts respecting the Validity of certain Marriages contracted in Her Majesty's Possessions abroad.

[29th June 1865]

WHEREAS Laws have from Time to Time been made by the Legislatures of divers of Her Majesty's Possessions abroad for the Purpose of establishing the Validity of certain Marriages previously contracted therein, but Doubts are entertained whether such Laws are in all respects effectual for the aforesaid Purpose beyond the Limits of such Possessions:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows :

1Colonial Laws establishing Validity of Marriages to have Effect throughout Her Majesty's Dominions.

Every Law made or to be made by the Legislature of any such Possession as aforesaid for the Purpose of establishing the Validity of any Marriage or Marriages contracted in such Possession shall have and be deemed to have had from the Date of the making of such Law the same Force and Effect for the Purpose aforesaid within all Parts of Her Majesty's Dominions as such Law may have had or may hereafter have within the Possession for which the same was made : Provided that nothing in this Law contained shall give any Effect or Validity to any Marriage unless at the Time of such Marriage both of the Parties thereto were, according to the Law of England, competent to contract the same.

2Definition of " Legislature ".

In this Act the Word " Legislature " shall include any Authority competent to make Laws for any of Her Majesty's Possessions abroad, except the Parliament of the United Kingdom and Her Majesty in Council.

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