The Registration of Marriages Regulations 2015
PART 1General
Citation and commencement1.
These Regulations may be cited as the Registration of Marriages Regulations 2015 and come into force on 2nd March 2015.
Interpretation2.
(1)
In these Regulations—
“the Act” means the Marriage Act 1949;
“1970 Act” means the Marriage (Registrar General’s Licence) Act 1970;
“entry” (unless the context otherwise requires), means a record of the particulars relating to a marriage completed in the appropriate places in form 15;
“occupation” includes rank or profession.
(2)
In these Regulations, any reference to a numbered form is to the form bearing that number in Schedule 1, and any reference to a numbered column on a form, is to the column bearing that number on that form.
Completion of forms3.
(1)
Forms 1(w) to 6(w), 9(w) to 12(w) and 15(w) in Schedule 1 must be completed in English and must also be completed in Welsh if—
(a)
in the case of—
(i)
forms 1(w) to 6(w), 9(w), 11(w) and 12(w), the party giving notice of the marriage, and
(ii)
form 10(w), the person making the declaration,
so elects, and provides the required particulars in both languages, and the person by whom the notice, or as the case may be the declaration, is attested can understand and write Welsh;
(b)
in the case of form 15(w), the parties to the marriage so elect and provide the required particulars in both languages, and the person who registers the marriage can understand and write Welsh.
(2)
Where a form of words set out in column 1 of Schedule 2 to these Regulations is used in completing a form in English, the corresponding form of words set out in column 2 must be used where the form is also completed in Welsh.
PART 2Preliminaries to Marriage
Forms of notice of marriage4.
(1)
(a)
(i)
both parties are aged 18 or over, is form 1 if attested in England, or form 1(w) if attested in Wales; or
(ii)
either party is, or both parties are, aged under 18, is form 2 if attested in England, or form 2(w) if attested in Wales.
(b)
either party is not, or neither party is, a relevant national and where—
(i)
both parties are aged 18 or over, is form 3 if attested in England, or form 3(w) if attested in Wales; or
(ii)
either party is, or both parties are, aged under 18, is form 4 if attested in England, or form 4(w) if attested in Wales.
(2)
The form of notice of marriage to be given by either party to the marriage under section 2(1) of the 1970 Act is form 5 if attested in England, or form 5(w) if attested in Wales.
Endorsement on notice of marriage5.
Statements and particulars for intended marriage of housebound or detained person6.
(1)
(2)
The form of statement to be made in relation to a detained person under section 27A(3) of the Act is form 8 concerning a person detained in England, or form 8(w) concerning a person detained in Wales.
(3)
The form of the particulars of the person by or before whom the marriage is to be solemnized, which is to be given under section 27A(4) of the Act, is form 9 in relation to a marriage intended to be solemnized in England, or form 9(w) in relation to a marriage intended to be solemnized in Wales.
Declaration for intended marriage of certain persons related by affinity7.
(1)
(2)
A declaration mentioned in paragraph (1) must be signed by the person making it in the presence of the superintendent registrar, who must then sign the declaration as witness and add his or her description.
(3)
The superintendent registrar referred to in paragraph (2) is the superintendent registrar to whom notice of the marriage is required to be given by the person making the declaration.
Specified Evidence8.
(1)
Schedule 3 has effect to specify—
(a)
(b)
(c)
evidence of a person’s place of residence, for the purposes of section 28B(1)(c) of the Act (see paragraph 4 of Schedule 3); and
(d)
evidence of the ending of a person’s previous marriage or civil partnership, for the purposes of section 28B(2) of the Act (see paragraph 5 of Schedule 3).
Application to reduce the 28 day waiting period9.
(1)
(a)
by a party to the marriage;
(b)
to the superintendent registrar to whom that party has given notice of marriage;
(c)
on form 11 if the notice is given in England, or form 11(w) if the notice is given in Wales, together with any evidence which supports the reason given in the form for applying for a reduction in the 28 day period;
and must be accompanied by the fee.
(2)
The superintendent registrar must immediately forward the completed application and the fee paid to the Registrar General.
(3)
If, on receipt of a completed application, the Registrar General requires further information (which may include documents), before making his or her decision, the Registrar General may—
(a)
request that the superintendent registrar who forwarded the completed application obtain the information from the applicant and forward it to the Registrar General; or
(b)
request it from the applicant.
(4)
After the Registrar General has considered the completed application and any further information obtained, and is satisfied that there are, or are not, as the case may be, compelling reasons for reducing the 28 day period, the Registrar General must notify that decision to the applicant and to the superintendent registrar who forwarded the completed application.
(5)
In this regulation—
“applicant” means the person seeking a reduction in the 28 day period;
“completed application” means the completed form 11 (or form 11(w) as the case may be) together with any evidence referred to in paragraph (1)(c); and
Authorities for marriage issued by a superintendent registrar and by the Registrar General10.
(1)
(2)
The form of the Registrar General’s licence for marriage to be issued under section 7 of the 1970 Act is form 13.
Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar11.
PART 3Registration of Marriage
Form of registration of particulars and place of registration12.
(1)
The form of registration of the particulars relating to a marriage pursuant to section 55(1) of the Act is Part 1 of form 15 in relation to a marriage solemnized in England, or form 15(w) in relation to a marriage solemnized in Wales, together with the form of attestation in Part 2 of that form which is appropriate to the place and manner of solemnization.
(2)
Where a registrar is required to register the marriage, the registrar must register it immediately after the solemnization of the marriage and in accordance with the provisions of this Part, within the premises where it was solemnized.
Manner of registration13.
(1)
Where a registrar is required to register the marriage the registrar must, subject to paragraph (5), enter the particulars required in each column of Part 1 of form 15 (or form 15(w) as the case may be).
(2)
In column 4 the registrar must enter the condition of the parties to the marriage in the following manner—
(a)
if a party has not previously been married or formed a civil partnership, enter the word “Single”;
(b)
if a party’s previous marriage was terminated by death, enter the word “Widower” or “Widow”, as the case may be;
(c)
if a party’s previous civil partnership was terminated by death, enter the words “Surviving civil partner”;
(d)
if a party’s previous marriage was annulled on the ground that the marriage was voidable, enter the words “Previous marriage annulled”;
(e)
if a party’s civil partnership was annulled on the grounds that the civil partnership was voidable, enter the words “Previous civil partnership annulled”;
(f)
if a party’s previous marriage was terminated by divorce, enter the words “Previous marriage dissolved”;
(g)
if a party’s previous civil partnership was terminated by dissolution, enter the words “Previous civil partnership dissolved”;
(h)
unless sub-paragraph (i) applies, if the marriage is between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of them has since married a third party, then notwithstanding sub-paragraphs (d) and (f)—
(i)
if the previous marriage was terminated by divorce, enter the words “Previously married at … on … Marriage dissolved on …”, inserting particulars of the place and date of the previous marriage and the date of its dissolution, or
(ii)
if the previous marriage was annulled, enter the words “Previously married at … on … Marriage annulled on …”, inserting particulars of the place and date of the previous marriage and the date of its annulment, or
(iii)
if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, enter the words “Previously went through a form of marriage at … on …”, inserting the particulars of the place and date of the previous ceremony;
(i)
where sub-paragraph (h) applies, and the parties are now legally of the same sex but their previous marriage was a marriage between a man and a woman, enter the form of words referred to in sub-paragraph (d) or (f) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (h)(i), (ii) or (iii) (as applicable);
(j)
if the marriage is between two parties of the same sex who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (e) and (g)—
(i)
if the previous civil partnership has been terminated by final order of dissolution, enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …”, inserting particulars of the place and date of the previous civil partnership and the date of dissolution, or
(ii)
if the previous civil partnership was annulled, enter the words, “Previously formed a civil partnership at … on … Civil partnership annulled on …”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;
(k)
if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, enter the form of words referred to in sub-paragraph (e) or (g) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (j)(i) or (ii) (as applicable);
and no further entry is to be made in column 4.
(3)
In column 7 if the father of either party to the marriage is deceased, the registrar must enter the word “deceased” after the surname.
(4)
In column 7, if either party to the marriage wishes to record a step-father’s name instead of the father’s name, the registrar must enter the word “step-father” after the surname, provided he is or has been married to the mother.
(5)
Where it appears to the registrar that he or she cannot enter the particulars required in any column in Part 1 of form 15, the registrar must draw a line in ink through that column.
Form of attestation14.
In the form of attestation set out in Part 2 of form 15 the registrar must enter in the appropriate places—
(a)
if the marriage has been solemnized in a registered building according to the rites and ceremonies of any religious body or denomination, the title of that body or denomination, the description of the registered building, and the word “certificate”;
(b)
if the marriage has been solemnized in a superintendent registrar’s office, the words “register office” and “certificate”;
(c)
(d)
if the marriage has been solemnized on the authority of a Registrar General’s licence, the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the words “Registrar General’s licence”;
(e)
Signing the register15.
After entering the required particulars and before the register is signed in accordance with section 55(2) of the Act, the registrar must request the parties to the marriage to verify those particulars and if it appears that any error has been made, the registrar must in the presence of the parties make the necessary correction in accordance with regulation 18(1).
PART 4Correction of Errors
Time when entry is complete16.
An entry of marriage made by a registrar is deemed to have been completed when the registrar has signed the entry and added his official description.
Correction of errors in Wales17.
Where an error or omission is corrected in an entry in a marriage register book kept in Wales, the correction must be made in English if the error or omission occurs in particulars entered in English, and in Welsh if the error or omission occurs in particulars entered in Welsh.
Correction of errors before entry is complete18.
(1)
Where under regulation 15 the registrar is required to correct an error in an entry of a marriage before the entry is complete, the registrar must, subject to paragraph (2), make the correction, but so that the original incorrect information remains legible.
(2)
If it appears that an error has been made in the signature of one of the parties or witnesses to a marriage the signatory, and not the registrar, must correct the signature, and the registrar must add his or her initials.
Correction of errors in completed entry19.
Where it appears or is represented to the superintendent registrar or the registrar that there is in a completed entry in a marriage register book in his or her custody an error to which section 61 of the Act (correction of errors in register book) relates, he must send a report to the Registrar General giving such information as the Registrar General may require, together with a copy of the entry, and must comply with any instruction which the Registrar General may give for the purpose of verifying the facts of the case and of ascertaining whether the parties or witnesses would be available to witness the correction of the entry.
Copy of corrected or annotated entry to be sent to Registrar General20.
Where a registrar makes any correction or annotation to a completed entry in a marriage register book, the registrar must within seven days make and send to the Registrar General a copy of that entry as corrected or annotated (or both) including a copy of any marginal note, certified by—
(a)
the registrar, if the marriage register book containing that entry is in his or her custody (and paragraph (b) does not apply);
(b)
the registrar and the superintendent registrar, if the marriage register book containing that entry is in the custody of the registrar and a quarterly copy of the entry has been certified under section 57(1) of the Act; or
(c)
the superintendent registrar, if the marriage register book containing that entry is in his or her custody.
PART 5Miscellaneous Provisions
Certified copies21.
Where a certified copy of an entry in a marriage register book containing English only, or in a certified copy of such a book, is made on a form containing both English and Welsh but the particulars in the original entry and those entered in the certified copy of that entry do not differ in any other respect, the certified copy is to be treated as a true copy of the original entry.
Quarterly certified copies22.
For the purposes of section 57(2) of the Act, the form of certification by a registrar—
(a)
of a true copy of all entries of marriages made in the marriage register book during a period, is form 16;
(b)
that no marriage has been registered in that book during that period, is form 17.
Offences and proceedings23.
(1)
(2)
Revocations24.
The Regulations listed in column 1 of the table in Schedule 4 are revoked to the extent specified in column 3 of the table.
Given under my hand on
I approve
SCHEDULE 1Prescribed Forms
Form | Relevant regulation | Description | Statutory purpose |
|---|---|---|---|
1 | 4(1)(a)(i) | Notice of marriage to be given where both parties are relevant nationals and aged 18 or over | Section 27(1) Marriage Act 1949 |
1(w) | 4(1)(a)(i) | Notice of marriage to be given where both parties are relevant nationals and aged 18 or over (with Welsh translation) | Section 27(1) Marriage Act 1949 |
2 | 4(1)(a)(ii) | Notice of marriage to be given where both parties are relevant nationals and where either party is, or both parties are aged under 18 | Section 27(1) Marriage Act 1949 |
2(w) | 4(1)(a)(ii) | Notice of marriage to be given where both parties are relevant nationals and where one party is, or both parties are, aged under 18 (with Welsh translation) | Section 27(1) Marriage Act 1949 |
3 | 4(1)(b)(i) | Notice of marriage to be given where one party is not, or neither party is, a relevant national and both parties are aged 18 or over | Section 27(1) Marriage Act 1949 |
3(w) | 4(1)(b)(i) | Notice of marriage to be given where one party is not, or neither party is, a relevant national and both parties are aged 18 or over (with Welsh translation) | Section 27(1) Marriage Act 1949 |
4 | 4(1)(b)(ii) | Notice of marriage to be given where one party is not, or neither party is, a relevant national and where one party is, or both parties are, aged under 18 | Section 27(1) Marriage Act 1949 |
4(w) | 4(1)(b)(ii) | Notice of marriage to be given where one party is not, or neither party is, a relevant national and where one party is, or both parties are, aged under 18 (with Welsh translation) | Section 27(1) Marriage Act 1949 |
5 | 4(2) | Notice of marriage by Registrar General’s licence | Section 2(1) Marriage (Registrar General’s Licence) Act 1970 |
5(w) | 4(2) | Notice of marriage by Registrar General’s licence (with Welsh translation) | Section 2(1) Marriage (Registrar General’s Licence) Act 1970 |
6 | 5 | Endorsement on notice of marriage | Section 35(1) Marriage Act 1949 |
6(w) | 5 | Endorsement on notice of marriage (with Welsh translation) | Section 35(1) Marriage Act 1949 |
7 | 6(1) | Statement of registered medical practitioner | Section 27A(2) Marriage Act 1949 |
7(w) | 6(1) | Statement of registered medical practitioner (with Welsh translation) | Section 27A(2) Marriage Act 1949 |
8 | 6(2) | Statement by responsible authority | Section 27A(3) Marriage Act 1949 |
8(w) | 6(2) | Statement by responsible authority (with Welsh translation) | Section 27A(3) Marriage Act 1949 |
9 | 6(3) | Particulars of person by or before whom marriage is to be solemnized | Section 27A(4) Marriage Act 1949 |
9(w) | 6(3) | Particulars of person by or before whom marriage is to be solemnized (with Welsh translation) | Section 27A(4) Marriage Act 1949 |
10 | 7(1) | Declaration for marriages of certain persons related by affinity | Section 27B(2)(b) Marriage Act 1949 |
10(w) | 7(1) | Declaration for marriages of certain persons related by affinity (with Welsh translation) | Section 27B(2)(b) Marriage Act 1949 |
11 | 9(1)(c) | Application to reduce the 28 day waiting period | Section 31(5A) Marriage Act 1949 |
11(w) | 9(1)(c) | Application to reduce the 28 day waiting period (with Welsh translation) | Section 31(5A) Marriage Act 1949 |
12 | 10(1) | Certificate for marriage | Section 31(2) Marriage Act 1949 |
12(w) | 10(1) | Certificate for marriage (with Welsh translation) | Section 31(2) Marriage Act 1949 |
13 | 10(2) | Registrar General’s licence for marriage | Section 7 Marriage (Registrar General’s Licence) Act 1970 |
14 | 11 | Form of instructions | Section 31(5) Marriage Act 1949 |
14(w) | 11 | Form of instructions (with Welsh translation) | Section 31(5) Marriage Act 1949 |
15 | 12(1) | Form of marriage entry | Section 55(1) Marriage Act 1949 |
15(w) | 12(1) | Form of marriage entry (with Welsh translation) | Section 55(1) Marriage Act 1949 |
16 | 22(a) | Quarterly return of marriages | Section 57(2) Marriage Act 1949 |
17 | 22(b) | Certificate of no registration | Section 57(2) Marriage Act 1949 |
Form 1, notice of marriage, regulation 4(1)(a)(i), section 27(1) Marriage Act 1949
Form 1(w), notice of marriage (with Welsh translation), regulation 4(1)(a)(i), section 27(1) Marriage Act 1949
Form 2, notice of marriage, regulation 4(1)(a)(ii), section 27(1) Marriage Act 1949
Form 2(w), notice of marriage (with Welsh translation), regulation 4(1)(a)(ii), section 27(1) Marriage Act 1949
Form 3, notice of marriage, regulation 4(1)(b)(i), section 27(1) Marriage Act 1949
Form 3(w), notice of marriage (with Welsh translation), regulation 4(1)(b)(i), section 27(1) Marriage Act 1949
Form 4, notice of marriage, regulation 4(1)(b)(ii), section 27(1) Marriage Act 1949
Form 4(w), notice of marriage (with Welsh translation), regulation 4(1)(b)(ii), section 27(1) Marriage Act 1949
Form 5, notice of marriage, regulation 4(2), section 2(1) Marriage (Registrar General’s Licence) Act 1970
Form 5(w), notice of marriage (with Welsh translation), regulation 4(2), section 2(1) Marriage (Registrar General’s Licence) Act 1970
Form 11, application to reduce the 28 day waiting period, regulation 9(1)(c), section 31(5A) Marriage Act 1949
Form 11(w), application to reduce the 28 day waiting period (with Welsh translation), regulation 9(1)(c), section 31(5A) Marriage Act 1949
Form 12, certificate for marriage, regulation 10(1), section 31(2) Marriage Act 1949
Form 12(w), certificate for marriage (with Welsh translation), regulation 10(1), section 31(2) Marriage Act 1949
SCHEDULE 2Forms of words in English and Welsh
Column 1 Form of words required | Column 2 Welsh version |
|---|---|
Single | Sengl |
Widower | Gŵr gweddw |
Widow | Gwraig weddw |
Surviving civil partner | Partner sifil goroesol |
Previous marriage annulled | Priodas flaenorol wedi’i dirymu |
Previous civil partnership annulled | Partneriaeth sifil flaenorol wedi’i dirymu |
Previous marriage dissolved | Priodas flaenorol wedi’i therfynu |
Previous civil partnership dissolved | Partneriaeth sifil flaenorol wedi’i therfynu |
Previously married at … on … Marriage dissolved on … | Priodwyd o’r blaen yn … ar y …; terfynwyd y briodas ar y … |
Previously married at … on … Marriage annulled on … | Priodwyd o’r blaen yn … ar y …; y briodas wedi’i dirymu ar y … |
Previously went through a form of marriage at …on … | Aethpwyd o’r blaen drwy ddeford priodas yn ... ar y … |
Previously formed a civil partnership at …on … Civil partnership dissolved on … | Ffurfiwyd partneriaeth sifil o’r blaen yn … ar y …; terfynwyd y bartneriaeth sifil ar y … |
Previously formed a civil partnership at … on … Civil partnership annulled on … | Ffurfiwyd partneriaeth sifil o’r blaen yn … ar y …; y bartneriaeth sifil wedi’i dirymu ar y … |
Deceased | Ymadawedig |
Step-father | Llystad |
Certificate | Tystysgrif |
Register office | Swyddfa gofrestru |
Registrar General’s licence | Trwydded y Cofrestrydd Cyffredinol |
SCHEDULE 3Evidence
Interpretation
1.
In this Schedule—
“Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;
“driving licence” means a licence granted under—
(a)
(b)
and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments;
“humanitarian protection” means humanitarian protection granted in accordance with paragraph 339C of the immigration rules;
“indefinite leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is not limited as to duration;
“limited leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is limited as to duration;
“stateless person” has the same meaning as in Article 1 of the Stateless Convention;
“travel document” means a document which is not a passport, allowing a person to travel outside the United Kingdom.
Evidence of relevant nationality
2.
(a)
P’s valid passport showing P to be a British, EEA or Swiss national;
(b)
P’s valid national identity card issued by an EEA state or Switzerland;
(c)
certificate of registration as a British citizen granted to P by the Secretary of State together with another document referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the certificate of registration (or, if P has changed name, evidence of the change of name);
(d)
certificate of naturalisation as a British citizen granted to P by the Secretary of State, together with another document referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the certificate of naturalisation (or, if P has changed name, evidence of the change of name);
(e)
where P was born in the United Kingdom—
(i)
before 1st January 1983—
(aa)
P’s United Kingdom birth certificate; and
(bb)
one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)), to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);
(ii)
on or after 1st January 1983 but before 1st July 2006—
(aa)
P’s full United Kingdom birth certificate showing P’s parents’ (or, as the case may be, parent’s), details;
(bb)
one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);
(cc)
evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain); and
(dd)
P’s parents’ marriage certificate (if British citizenship is claimed through P’s father);
(iii)
on or after 1st July 2006—
(aa)
P’s full birth certificate showing the parents’ (or, as the case may be, parent’s) details;
(bb)
one of the documents referred to in paragraph 4 of this Schedule (except the letter referred to in paragraph 4(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);
(cc)
evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain);
(f)
if none of the documents (or groups of documents) listed in sub-paragraphs (a) to (e) are available to confirm the party’s relevant nationality, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.
Evidence of name, surname, date of birth and nationality
3.
(a)
P’s valid passport;
(b)
P’s valid national identity card issued by an EEA state or Switzerland;
(c)
one of the groups of documents referred to in paragraph 2(c) to (e) of this Schedule (and for these purposes, “P” in paragraph 2(c) to (e) means a person giving a notice of marriage under section 27 of the Act);
(d)
(e)
P’s valid travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably, refused a passport by the authorities in their own countries and who have—
(i)
been granted limited leave to enter or remain or humanitarian protection on rejection of a claim for asylum or for recognition as a stateless person; or
(ii)
been granted indefinite leave to enter or remain;
(f)
(g)
valid travel document issued to P pursuant to Article 28 of the Stateless Convention;
(h)
if none of the documents (or groups of documents) listed in sub-paragraphs (a) to (g) are available to confirm the person’s name, surname, date of birth and nationality, such other document or combination of documents as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.
Evidence of place of residence
4.
(1)
For the purposes of section 28B(1)(c) of the Act, one of the following original documents must be provided to the superintendent registrar as evidence of the place of residence of a person giving a notice of marriage under section 27(1) of the Act—
(a)
utility bill dated no more than three months before the date on which notice of marriage is given;
(b)
bank or building society statement or passbook dated no more than one month before the date on which notice of marriage is given;
(c)
council tax bill dated no more than 12 months before the date on which notice of marriage is given;
(d)
mortgage statement dated no more than 12 months before the date on which notice of marriage is given;
(e)
current residential tenancy agreement;
(f)
valid driving licence in the name of the person giving notice of marriage;
(g)
letter from the owner or proprietor (“X”) of the address which is the person’s place of residence which—
(i)
confirms that the person has resided at the address for at least seven days immediately prior to the date on which notice of marriage is given,
(ii)
states that X is the owner or proprietor,
(iii)
states X’s name,
(iv)
states X’s address, and
(v)
is signed and dated by X;
(h)
if none of the documents listed in sub-paragraphs (a) to (g) are available, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.
(2)
The evidence mentioned in sub-paragraphs (a) to (e) of paragraph 4(1) must—
(a)
be in the name of the person giving notice of marriage, or, where it is in the name of more than one person, one of them must be the person giving notice, and
(b)
show the person’s place of residence as the address to which the evidence was sent.
Evidence of ending of previous marriage or civil partnership
5.
(1)
For the purposes of section 28B(2) of the Act, one of the following original documents must be provided to the superintendent registrar as evidence of the ending of a previous marriage or civil partnership of a person (“P”) giving a notice of marriage under section 27(1) of the Act—
(a)
P’s decree absolute of divorce or decree of nullity of marriage granted by a court of civil jurisdiction in England and Wales;
(b)
(c)
(d)
a document, or documents, confirming the dissolution or annulment of P’s civil partnership granted by a court of civil jurisdiction in the United Kingdom and recognised in accordance with section 233 of the Civil Partnership Act 2004;
(e)
a document, or documents confirming P’s divorce or annulment obtained in a country outside the British Islands and recognised in the United Kingdom in accordance with either—
(i)
(ii)
articles 21 to 27, 41(1) or 42(1) of the Council Regulation;
(f)
a document, or documents confirming the dissolution or annulment of P’s civil partnership obtained outside the United Kingdom and recognised in accordance with either—
(i)
(ii)
(g)
the death certificate of P’s spouse or civil partner;
(h)
(i)
if none of the documents listed in sub-paragraphs (a) to (h) are available to confirm the ending of P’s previous marriage or civil partnership, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.
(2)
Where any document listed in paragraph (1)(c) to (g) or (i) was created outside the United Kingdom and is not in English, a full translation must also be provided.
SCHEDULE 4Revocations
1. Regulations revoked | 2. References | 3. Extent of revocation |
|---|---|---|
The Registration of Marriages Regulations 198646 | The whole Regulations | |
The Registration of Marriages (Amendment) Regulations 199747 | The whole Regulations | |
The Registration of Marriages (Welsh Language) Regulations 199948 | The whole Regulations | |
The Registration of Marriages (Amendment) Regulations 2005 | The whole Regulations | |
The Registration of Births, Deaths and Marriages (Amendment) Regulations 2005 | Regulations 3 and 4 | |
The Registration of Marriages (Amendment) Regulations 2009 | The whole Regulations | |
The Registration of Marriages (Amendment) Regulations 2011 | The whole Regulations |
These Regulations consolidate the Registration of Marriages Regulations 1986 (“the 1986 Regulations”) and the Registration of Marriages (Welsh Language) Regulations 1999, and five amending instruments. They also make substantive amendments in consequence of Part 4 of the Immigration Act 2014 (c. 22), which introduces a new referral and investigation scheme to assist investigation by the Secretary of State of suspected sham marriages and civil partnerships.
In Part 2, the Regulations prescribe the forms to be used for the preliminaries to marriage (regulations 4 to 7 and Schedule 1). Two new marriage notice forms are prescribed in consequence of the requirement in section 27E of the Marriage Act 1949 (c. 76) for non-relevant nationals (those who are not British, EEA or Swiss nationals) to provide additional information when giving notice of marriage.
The Regulations specify (regulation 8 and Schedule 3) the evidence that must be provided by each party giving notice of marriage, or following ecclesiastical preliminaries, as the case may be, in accordance with the requirements in sections 8, 16 and 28B of the Marriage Act 1949.
Regulation 9 restates, with minor drafting changes, the procedure for applications to reduce the waiting period under section 31(5A) of the Marriage Act 1949. The waiting period was increased from 15 to 28 days by the Immigration Act 2014. Regulations 10 and 11 prescribe forms for the Superintendent Registrar’s certificate for marriage and instructions for the solemnization of marriage, which are unchanged. The Registrar General’s licence for marriage (issued under the Marriage (Registrar General’s Licence) Act 1970 where one party to the proposed marriage is seriously ill and is not expected to recover), is also unchanged.
Part 3 of the Regulations is concerned with the registration of marriage. These provisions restate the 1986 Regulations with minor drafting changes. The only change of substance is in regulation 13(2)(i) and (k), which make a minor change to the manner of registration of the condition (i.e. marital or civil partnership status) of parties who have previously been married to each other. This change is made in consequence of the Marriage (Same Sex Couples) Act 2013 (c. 30), with the aim of protecting the privacy of people who have obtained gender recognition.
Part 4 relates to the correction of errors in marriage registers, and Part 5 makes miscellaneous provision. No changes of substance are made to the position under the 1986 Regulations save that some of the more detailed provision relating to the manner of signing the register (regulation 15) and corrections before the entry is complete (in regulation 18) has been removed and will be dealt with administratively. In addition, what was regulation 19 of the 1986 Regulations (applications for certificates under section 10 of the Savings Bank Act 1887) has been removed, as no separate procedure exists for such applications.
An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.