SCHEDULES

SCHEDULE 7Transitional and consequential provision etc

PART 2Minor and consequential amendments

Marriage Act 1949 (c. 76)

I115

After section 49 insert—

49AVoid marriages: additional provision about same sex couples

1

If a same sex couple knowingly and wilfully intermarries under the provisions of this Part of this Act in the absence of the required consent, the marriage shall be void.

2

In this section, in relation to a marriage of a same sex couple, “required consent” means consent under—

a

section 26A(3), in a case where section 26A applies to the marriage (but section 44A does not apply to it);

b

section 26A(3) and section 44A(6), in a case where section 26A and section 44A apply to the marriage;

c

section 26B(2)(b), in a case where section 26B(1), (2) and (3) apply to the marriage;

d

section 26B(4)(b), in a case where section 26B(1), (4) and (5) apply to the marriage;

e

section 26B(6)(d), in a case where section 26B(1), (6) and (7) apply to the marriage.