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The Overseas Marriage (Armed Forces) Order 2014

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EXPLANATORY NOTE

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Schedule 6 of the of the Marriage (Same Sex Couples) Act 2013 empowers Her Majesty, by Order in Council, to make provision for two people to marry in countries or territories outside the United Kingdom where one of the proposed parties to the marriage is a member of Her Majesty’s armed forces serving in the country or territory or is a person subject to service discipline, or is a child of such a person and whose home is with them. The Order extends to England and Wales and Scotland but not Northern Ireland. Article 5 provides that marriages of same sex couples may take place in countries or territories which have confirmed there is no objection to such marriages taking place.

Article 6 sets out the particulars to be contained in the notice of intended marriage and further provides for the display of the notice of intended marriage. Article 7 requires a certificate to be signed by the commanding officer that the parties satisfy the conditions to marry pursuant to Schedule 6 to the Act. Article 8 sets out the consents which may be required. Article 9 provides for certain formalities for solemnization of the marriage. Article 10 sets out the descriptions of civilians who may be eligible to marry pursuant to the Order. Article 11 permits the use of religious services at forces marriages of opposite sex couples. Article 12 permits the use of religious services at forces marriages of same sex couples other than the Church of England or Church in Wales subject to the consent of the governing authority of the religious organisation concerned and the agreement of the person conducting the solemnization.

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