Marriage (Same Sex Couples) Act 2013

PART 1 U.K. Consular marriage under UK law

Provision for consular marriage U.K.

1 (1) Her Majesty may by Order in Council make provision for two people to marry each other— U.K.

(a) in prescribed countries or territories outside the United Kingdom, and

(b) in the presence of a registration officer,

in cases where the officer is satisfied that the conditions in sub-paragraph (2) are met.

(2) The conditions are that—

(a) at least one of the people proposing to marry is a United Kingdom national,

(b) the people proposing to marry would have been eligible to marry each other in such part of the United Kingdom as is determined in accordance with the Order,

(c) the authorities of the country or territory in which it is proposed that they marry will not object to the marriage, and

(d) insufficient facilities exist for them to enter into a marriage under the law of that country or territory.

[F1 (3) For the purposes of sub-paragraph (2)(b), two people who are in a qualifying civil partnership with each other are to be treated as not having been eligible to marry each other in Scotland.

(4) In sub-paragraph (3) “qualifying civil partnership” has the meaning given by section 5(6) of the Marriage (Scotland) Act 1977.]

Textual Amendments

F1 Sch. 6 para. 1(3)(4) inserted (27.1.2022) by The Civil Partnership (Scotland) Act 2020 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Modifications) Order 2022 (S.I. 2022/74), art. 1, Sch. 1 para. 4(2)

Commencement Information

I1 Sch. 6 para. 1 in force at 21.1.2014 for specified purposes by S.I. 2014/93, art. 2(b)(i)

I2 Sch. 6 para. 1 in force at 3.6.2014 in so far as not already in force by S.I. 2014/93, art. 5(c)

Refusal by registration officer U.K.

2 (1) A registration officer is not required to allow two people to marry each other if the registration officer's opinion is that a marriage between them would be inconsistent with international law or the comity of nations. U.K.

(2) An Order in Council under this Part of this Schedule may make provision for appeals against a refusal, in reliance on sub-paragraph (1), to allow two people to marry each other.

Commencement Information

I3 Sch. 6 para. 2 in force at 21.1.2014 for specified purposes by S.I. 2014/93, art. 2(b)(i)

I4 Sch. 6 para. 2 in force at 3.6.2014 in so far as not already in force by S.I. 2014/93, art. 5(c)

No religious service U.K.

3 U.K. No religious service is to be used at the solemnization of a consular marriage.

Commencement Information

I5 Sch. 6 para. 3 in force at 3.6.2014 by S.I. 2014/93, art. 5(c)

Treatment of marriage as taking place in part of UK for certain purposes U.K.

4 U.K. An Order in Council under this Part of this Schedule may provide that two people who marry in a consular marriage are to be treated for prescribed purposes as if they had married in the relevant part of the United Kingdom.

Modifications etc. (not altering text)

C1 Sch. 6 para. 4 extended (Northern Ireland) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 11(2) (with regs. 6-9)

Commencement Information

I6 Sch. 6 para. 4 in force at 21.1.2014 for specified purposes by S.I. 2014/93, art. 2(b)(ii)

I7 Sch. 6 para. 4 in force at 3.6.2014 in so far as not already in force by S.I. 2014/93, art. 5(c)

Validity of consular marriage U.K.

5 U.K. A consular marriage is valid in law as if the marriage had been solemnized in the relevant part of the United Kingdom with a due observance of all forms required by the law of the relevant part of the United Kingdom.

Modifications etc. (not altering text)

C2 Sch. 6 para. 5 extended (Northern Ireland) (13.1.2020) by The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019 (S.I. 2019/1514), regs. 1(2), 11(2) (with regs. 6-9)

Commencement Information

I8 Sch. 6 para. 5 in force at 3.6.2014 by S.I. 2014/93, art. 5(c)

Interpretation U.K.

6 U.K. In this Part of this Schedule—

• “consular marriage” means a marriage solemnized in accordance with the provisions of this Part of this Schedule and any Order in Council made under it;

• “registration officer” means—

  (a)

  a consular officer in the service of Her Majesty's government in the United Kingdom, or

  (b)

  in the case of registration in a country or territory in which Her Majesty's government in the United Kingdom has for the time being no consular representative, a person authorised by the Secretary of State in respect of the solemnization of marriages in that country or territory;

• “relevant part of the United Kingdom”, in relation to a consular marriage, means the part of the United Kingdom determined in accordance with paragraph 1(2)(b) for the purposes of the marriage.

Commencement Information

I9 Sch. 6 para. 6 in force at 21.1.2014 for specified purposes by S.I. 2014/93, art. 2(b)(iii)

I10 Sch. 6 para. 6 in force at 3.6.2014 in so far as not already in force by S.I. 2014/93, art. 5(c)