Section 1: Marriage of related persons
6.This section makes a number of amendments to the 1977 Act, in relation to the “forbidden degrees”. Provision is made about the forbidden degrees in section 2 of, and Schedule 1 to, the 1977 Act. Section 2 of the 1977 Act makes various provisions about how the forbidden degrees are to operate and be interpreted. Some of these provisions refer at present to a husband and wife or make other indirect references to opposite sex marriage. Due to the introduction of same sex marriage, these provisions are amended by section 1 of the Act so that they can apply to opposite sex and same sex marriage. Section 1(2)(c) makes provision so that “spouse” means either a wife of a husband or a husband of a wife or a same sex spouse.
7.Section 1 introduces a new Schedule 1 to the 1977 Act, replacing the previous Schedule 1. Section 1(2)(d) deletes the word “former” from section 2(7) of the 1977 Act. The word “former” is not needed as the new Schedule 1 to the 1977 Act refers to “former spouse” and “spouse” is defined as outlined in paragraph 6 above. The new Schedule 1 is a simplified version of the previous table of forbidden degrees in the 1977 Act. No changes are made in respect of the types of relationships which mean that a couple cannot marry. Instead, the change relates to how the relationships are described. The table below demonstrates this:
| Previous table (Column 1) | Previous table (Column 2) | New table |
|---|---|---|
| Relationships by consanguinity | ||
| Mother | Father | Parent |
| Daughter | Son | Child |
| Father’s mother | Father’s father | Grandparent |
| Mother’s mother | Mother’s father | Grandparent |
| Son’s daughter | Son’s son | Grandchild |
| Daughter’s daughter | Daughter’s son | Grandchild |
| Sister | Brother | Sibling |
| Father’s sister | Father’s brother | Aunt or uncle |
| Mother’s sister | Mother’s brother | Aunt or uncle |
| Brother’s daughter | Brother’s son | Niece or nephew |
| Sister’s daughter | Sister’s son | Niece or nephew |
| Father’s father’s mother | Father’s father’s father | Great-grandparent |
| Father’s mother’s mother | Father’s mother’s father | Great-grandparent |
| Mother’s father’s mother | Mother’s mother’s father | Great-grandparent |
| Mother’s mother’s mother | Mother’s mother’s father | Great-grandparent |
| Son’s son’s daughter | Son’s son’s son | Great-grandchild |
| Son’s daughter’s daughter | Son’s daughter’s son | Great-grandchild |
| Daughter’s son daughter | Daughter’s son’s son | Great-grandchild |
| Daughter’s daughter’s daughter | Daughter’s son son | Great-grandchild |
| Relationships by affinity referred to in section 2(1A) | ||
| Daughter of former wife | Son of former husband | Child of former spouse |
| Daughter of former civil partner | Son of former civil partner | Child of former civil partner |
| Former wife of father | Former husband of mother | Former spouse of parent |
| Former civil partner of mother | Former civil partner of father | Former civil partner of parent |
| Former wife of father’s father | Former husband of father’s mother | Former spouse of grandparent |
| Former civil partner of mother’s mother | Former civil partner of mother’s father | Former civil partner of grandparent |
| Former wife of mother’s father | Former husband of mother’s mother | Former spouse of grandparent |
| Former civil partner of father’s mother | Former civil partner of father’s father | Former civil partner of grandparent |
| Daughter of son of former wife | Son of son of former husband | Grandchild of former spouse |
| Daughter of son of former civil partner | Son of son of former civil partner | Grandchild of former civil partner |
| Daughter of daughter of former wife | Son of daughter of former husband | Grandchild of former spouse |
| Daughter of daughter of former civil partner | Son of daughter of former civil partner | Grandchild of former civil partner |
| Relationships by adoption | ||
| Adoptive mother or former adoptive mother | Adoptive father or former adoptive father | Adoptive parent or former adoptive parent |
| Adopted daughter or former adopted daughter | Adopted son or former adopted son | Adopted child or former adopted child |