Marriage Act 1949

Marriages in register offices U.K.

45 Solemnization of marriage in register office. E+W

(1) Where a marriage is intended to be solemnized on the authority of a certificate of a superintendent registrar, the persons to be married may state in the notice of marriage that they wish to be married in the office of the superintendent registrar or one of the superintendent registrars, as the case may be, to whom notice of marriage is given, and where any such notice has been given and the certificate or certificate and licence, as the case may be, has or have been issued accordingly, the marriage may be solemnized in the said office, with open doors, in the presence of the superintendent registrar and a registrar of the registration district of that superintendent registrar and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) of the last foregoing section in the case of marriages in registered buildings in the presence of a registrar.

(2) No religious service shall be used at any marriage solemnized in the office of a superintendent registrar.

[F1 45A Solemnization of certain marriages. E+W

(1) This section applies to marriages solemnized, otherwise than according to the rites of the Church of England, in pursuance of section 26(1)(dd) of this Act at the place where a person usually resides.

(2) The marriage may be solemnized according to a relevant form, rite or ceremony in the presence of a registrar of the registration district in which the place where the marriage is solemnized is situated and of two witnesses and each of the persons contracting the marriage shall make the declaration and use the form of words set out in subsection (3) of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(3) Where the marriage is not solemnized in pursuance of subsection (2) of this section it shall be solemnized in the presence of the superintendent registrar and a registrar of the registration district in which the place where the marriage is solemnized is situated and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(4) No religious service shall be used at any marriage solemnized in the presence of a superintendent registrar.

(5) In subsection (2) of this section a “relevant form, rite or ceremony” means a form, rite or ceremony of a body of persons who meet for religious worship in any registered building being a form, rite or ceremony in accordance with which members of that body are married in any such registered building.]

Textual Amendments

F1 S. 45A inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 11

46 Register office marriage followed by religious ceremony. E+W

(1) If the parties to a marriage [F2 solemnized in the office of a superintendent registrar][F2 solemnised in the presence of a superintendent registrar] desire to add the religious ceremony ordained or used by the church or persuasion of which they are members, they may present themselves, after giving notice of their intention so to do, to the clergyman or minister of the church or persuasion of which they are members, and the clergyman or minister, upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the church or chapel of which he is the regular minister the marriage service of the church or persuasion to which be belongs or nominate some other minister to do so.

(2) Nothing in the reading or celebration of a marriage service under this section shall supersede or invalidate any marriage previously [F2 solemnized in the office of a superintendent registrar][F2 solemnised in the presence of a superintendent registrar], and the reading or celebration shall not be entered as a marriage in any marriage register book kept under Part IV of this Act.

(3) No person who is not entitled to solemnize marriages according to the rites of the Church of England shall by virtue of this section be entitled to read or celebrate the marriage service in any church or chapel of the Church of England.

Textual Amendments

F2 Words “solemnised in the presence of a superintendent registrar” substituted (E.W.) for words “solemnized in the office of a superintendant registrar” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 12

Modifications etc. (not altering text)

C1 S. 46(2)(3) applied by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 11(2)