The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014

Oath before marriage

8.  Before a marriage is solemnized under this Order, each of the parties entering into the marriage must appear before a registration officer and sign, in a book kept by a registration officer for the purpose, a declaration—

(a) that he or she believes —

(i) where the relevant part of the United Kingdom is England and Wales, that there is no impediment to the marriage such that the marriage would be void under section 1 of the Marriage Act 1949(1) or other lawful hindrance;

(ii) where the relevant part of the United Kingdom is Scotland, that there is no impediment to the marriage such that the marriage would be void under section 2 of the Marriage (Scotland) Act 1977(2) (marriage of related persons) or other lawful hindrance;

(b) that both of the parties have for a period of 21 days ending on the day on which the declaration is made had their usual residence within the consular district of the registration officer; and

(c) where either party is under the age of 18 and the relevant part of the United Kingdom is England and Wales—

(i) that any consent to the marriage which is required in respect of that party has been obtained;

(ii) that the necessity of obtaining any such consent in respect of that party has been dispensed with; or

(iii) that the party is either a widow or a widower or surviving civil partner or that there is no person having authority to give any such consent.

(1)

1949 c. 76. Section 1 has been amended by section 1(6) of, and paragraph 2 of Schedule 1 to, the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), section 11 of and paragraphs 1 and 2 of Schedule 4 to, the Gender Recognition Act 2004 (c. 7), section 261(1) of, and paragraph 13 of Schedule 27 to, the Civil Partnership Act 2004 (c. 33) and S.I. 2007/438.

(2)

1977 c.15. Section 2 has been amended by section 10 of, and paragraph 17 of Schedule 1 and Schedule 2 to, the Law Reform (Parent and Child) (Scotland) Act 1986 (c. 9) and section 2 of, and paragraph 2 of Schedule 2, to the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16).