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Marriage Act 1949
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Changes over time for: Section 1
Version Superseded: 04/04/2005
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- 01/02/1991- Amendment
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- 01/03/2007- Amendment
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1 Marriages within prohibited degrees.E+W
(1)A marriage solemnized between a man and any of the persons mentioned in the first column of Part I of the First Schedule to this Act, or between a woman and any of the persons mentioned in the second column of the said Part I, shall be void.
[F1(2)Subject to subsection (3) of this section, a marriage solemnized between a man and any of the persons mentioned in the first column of Part II of the First Schedule to this Act, or between a woman and any of the persons mentioned in the second column of the said Part II, shall be void.
(3)Any such marriage as is mentioned in subsection (2) of this section shall not be void by reason only of affinity if both the parties to the marriage have attained the age of twenty-one at the time of the marriage and the younger party has not at any time before attaining the age of eighteen been a child of the family in relation to the other party.
(4)Subject to subsection (5) of this section, a marriage solemnized between a man and any of the persons mentioned in the first column of Part III of the First Schedule to this Act or between a woman and any of the persons mentioned in the second column of the said Part III shall be void.
(5)Any such marriage as is mentioned in subsection (4) of this section shall not be void by reason only of affinity if both the parties to the marriage have attained the age of twenty-one at the time of the marriage and the marriage is solemnized—
(a)In the case of a marriage between a man and the mother of a former wife of his, after the death of both the former wife and the father of the former wife;
(b)in the case of a marriage between a man and the former wife of his son, after the death of both his son and the mother of his son;
(c)in the case of a marriage between a woman and the father of a former husband of hers, after the death of both the former husband and the mother of the former husband;
(d)in the case of a marriage between a woman and a former husband of her daughter, after the death of both her daughter and the father of her daughter.]
Textual Amendments
F1S. 1(2)–(5) inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(6), Sch. 1 para. 2: original s. 1(2)(3) repealed by Marriage (Enabling) Act 1960 (c. 29), Sch.
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