Adult Relations - Marriage (England and Wales)

Adult Relations - Marriage (England and Wales)

1. Engagements

   • Law Reform (Miscellaneous Provisions) Act 1970
     • s.1(1) - An agreement between two persons to marry one another shall not under the law of England and Wales have effect as a contract giving rise to legal rights and no action shall lie in England and Wales for a breach of such an agreement, whatever the law applicable to the agreement
     • s.3(1) - A party to an agreement to marry who makes a gift of property to the other party... on condition (express or implied) that it shall be returned if agreement terminated shall not be prevented from recovering property by reason only of his having terminated the agreement
     • s.3(2) - Gift of an engagement ring shall be presumed to be an absolute gift; this presumption may be rebutted by proving that the ring was given on condition that it should be returned if the marriage did not take place for any reason

2. Preliminaries of Marriage

   • Marriage Act 1949
     • s.3(1) - Where a marriage of a child, not being a widower or widow, is intended to be solemnised on authority of... superintendent registrar under part III of this Act, the consent of the appropriate persons shall be required
       • s.3(1A) - the appropriate persons are ... (i) any parent of the child who has PR&R for him; and (ii) any guardian of the child
       • s.78 - "child" ... means a person under the age of eighteen
     • s.5 - Authority to carry out marriages
     • s.6-22 - Process (particularly ss.6, 7, 12, 17 & 22)
     • s.26-40 (particularly ss.26, 26A, 27 (not 27A or B), 28, 28A, 30 & 31)
   • Proclamation of Banns competent but for CoE (Anglican) only
   • Marriage under Superintendent Registrar's certificate
   • "Marriage Notice" (cf. "Banns") = civil marriage (registrars), and all other religious denominations

3. Civil Marriage

   • s.45, 45A, 46A - Place
     • s.45 & 46B - Form of Ceremony
   • s.53(d) - Registration

4. Religious Marriage

   • Marriage Act 1949
     • Legal Authority - CofE Part II 1949 Act
     • s.41-44 - Marriages in registered buildings (other religious denominations are not referred to by name e.g. Catholic, Sikh)
     • s.47 - Quakers (Jews implied? 26(1)(d) & 50(1)(e)
     • s.41 (place), s.43 (celebrants), s.44 (form of ceremony) - "other denominations"

5. Religious Marriage of Same-Sex Couples

   • Marriage (Same Sex Couples) Act 2013
     • s.1(1) - Marriage of same sex couples is lawful
     • s.1(2) - Marriage of a same sex couple may only be solemnised in accordance with (a) part 3 of the Marriage Act 1949 (also b, c and d but not examinable)
     • CofE may not ask to carry out marriages of same sex couples
     • Part 3 of Marriage Act 1949 relates to marriage under Superintendent Registrar's certificate (i.e. as apposed to declaration of banns) which are conducted by registrar's or non-CofE religious celebrants
       • This is because it is Part 2 of the Marriage Act 1949 that contains provisions for marriage under CofE and so no marriage of same sex couples by a CofE celebrant is possible