SCHEDULES

SCHEDULE 6Marriage overseas

PART 1Consular marriage under UK law

Provision for consular marriage

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1

Her Majesty may by Order in Council make provision for two people to marry each other—

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.

Refusal by registration officer

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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.

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.

No religious service

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

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

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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.

Validity of consular marriage

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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.

Interpretation

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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—

    1. a

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

    2. 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.