Marriage (Prohibited Degrees of Relationship) Act 1986
A marriage solemnized after the commencement of this Act between a man and a woman who is the daughter or grand-daughter of a former spouse of his (whether the former spouse is living or not) or who is the former spouse of his father or grandfather (whether his father or grandfather is living or not) shall not be void by reason only of that relationship if both the parties have attained the age of twenty-one at the time of the marriage and the younger party has not at any time before attaining the age of eighteen been a child of the family in relation to the other party.
A marriage solemnized after the commencement of this Act between a man and a woman who is the grandmother of a former spouse of his (whether the former spouse is living or not) or is a former spouse of his grandson (whether his grandson is living or not) shall not be void by reason only of that relationship.
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In this section “child of the family” in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family.
The Marriage Act 1949 shall have effect subject to the amendments specified in the Schedule to this Act, being amendments consequential on the preceding provisions of this section.
Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside England and Wales nothing in this Act shall preclude the determination of that matter in accordance with that law.
Nothing in this section shall affect any marriage solemnized before the commencement of this Act.
Schedule 2 (which amends the Marriage (Scotland) Act 1977 so as to permit— shall have effect.
the marriage of a man and a woman who is the grandmother of a former spouse of his or is a former spouse of his grandson;
the marriage of a woman and a man who is the grandfather of a former spouse of hers or is a former spouse of her grand-daughter; and
under certain conditions, the marriage of persons related in certain other degrees of affinity)
In the Marriage Act 1949 after section 5 there shall be inserted the following section—
In section 3(1) of the Perjury Act 1911 (false statements relating to marriage) after paragraph (c) there shall be inserted the wordsor .
In Schedule 1 to the Senior Courts Act 1981 in paragraph 3(c) (assignment of business to the Family Division) after the words “marriage of a minor” there shall be inserted the words “or for a declaration under section 27B(5) of the Marriage Act 1949.”
This Act may be cited as the Marriage (Prohibited Degrees of Relationship) Act 1986.
This Act so far as it extends to England and Wales may be cited with the Marriage Acts 1949 to 1983 and the Marriage (Wales) Act 1986 as the Marriage Acts 1949 to 1986.
This Act so far as it relates to the Marriage (Scotland) Act 1977 may be cited with that Act as the Marriage (Scotland) Acts 1977 and 1986.
In section 11(a) of the Matrimonial Causes Act 1973 for the words “Marriage Acts 1949 to 1984” there shall be substituted the words “Marriage Acts 1949 to 1986.”
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be so appointed for different provisions.
Section 2 and Schedule 2 shall extend to Scotland only, but save as aforesaid this Act shall not extend to Scotland or to Northern Ireland.
Section 1(4).
The Marriage Act 1949 shall have effect subject to the following amendments.
In section 1 (prohibited degrees) after subsection (1) there shall be inserted the following subsections—
In section 5 (marriages according to rites of Church of England) there shall be added at the end the words “except that paragraph (a) of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act.”
In section 16 (common Licences)—
after subsection (1) there shall be inserted the following subsections—;
in subsection (2) at the beginning there shall be inserted the words “Subject to subsection (2A) of this section”; and
after subsection (2) there shall be inserted the following subsections—
After section 27A there shall be inserted the following sections—.
In section 39 (notice of marriage given on board Her Majesty’s ships)—
in subsection (2) for the words “excluding section 27A” there shall be substituted the words “excluding sections 27A and 27B”;
in subsection (3) for the words “excluding section 27A” there shall be substituted the words, “excluding sections 27A and 27B”.
“child of the family”, in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family
In the First Schedule—
in Part I— to have effect; and
in the first column the words from “Wife’s mother” to “Daughter’s son’s wife”; and
in the second column the words from “Husband’s father” to “Daughter’s daughter’s husband” shall cease
at the end of Part I there shall be added—
Section 2.
The Marriage (Scotland) Act 1977 shall be amended as follows.
In section 2 (prohibited degrees for marriage of related persons)—
at the beginning of subsection (1) there shall be inserted the words “Subject to subsections (1A) and (1B) below,”;
after subsection (1) there shall be inserted the following subsections— and
after subsection (4) there shall be inserted the following new subsection—.
In section 3(1) (notice of intention to marry), after paragraph (c) there shall be inserted the following paragraph—.
In section 5 (objections to marriage)-
at the beginning of subsection (3) there shall be inserted the words “Subject to subsection (3A) below,”;
after subsection (3) there shall be inserted the following subsection—; and
in subsection (4), for the words “subsection (3) above” there shall be substituted the words “this section”.
In section 6(1) (the Marriage Schedule), after “5(3)(b)” there shall be inserted “or (3A)”.
In section 7(1) (marriage outside Scotland where a party resides in Scotland), for the words “(a) and (b)” there shall be substituted the words “(a), (b) and (d)”.
For paragraph 2 of Schedule 1 (relationships by affinity) there shall be substituted the following paragraphs—