Marriage Act 1835 (Imp)

 

Marriage Act 1835 (Imp)

CONTENTS

[1.]        Marriages before the passing of this Act of persons within the prohibited degrees not to be annulled1

2.           Marriages of persons within prohibited degrees hereafter to be absolutely void     2

3.           Not to extend to Scotland                                                  2

4.           Act may be altered this session                                         2

Notes

             Compilation table                                                              3

        

                

                                                             

                                                    

                                                                            

 

Marriage Act 1835 (Imp)

An Act to render certain Marriages valid, and to alter the Law with respect to certain Voidable Marriages. 3

Preamble

Whereas marriages between persons within the prohibited degrees are voidable only by sentence of the Ecclesiastical Court pronounced during the lifetime of both the parties thereto, and it is unreasonable that the state and condition of the children of marriages between persons within the prohibited degrees of affinity should remain unsettled during so long a period, and it is fitting that all marriages which may hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity should be ipso facto void, and not merely voidable:

Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,

[1.]        Marriages before the passing of this Act of persons within the prohibited degrees not to be annulled

             [T]hat all marriages which shall have been celebrated before the passing of this Act between persons being within the prohibited degrees of affinity shall not hereafter be annulled for that cause by any sentence of the Ecclesiastical Court, unless pronounced in a suit which shall be depending at the time of the passing of this Act:

             Provided that nothing hereinbefore enacted shall affect marriages between persons being within the prohibited degrees of consanguinity.

2.           Marriages of persons within prohibited degrees hereafter to be absolutely void

             And be it further enacted, that all marriages which shall hereafter be celebrated between persons within the prohibited degrees of consanguinity or affinity shall be absolutely null and void to all intents and purposes whatsoever.

3.           Not to extend to Scotland

             Provided always, and be it further enacted, that nothing in this Act shall be construed to extend to that part of the United Kingdom called Scotland.

4.           Act may be altered this session

             And be it enacted, that this Act may be altered or repealed by any Act or Acts to be passed in this present session of Parliament.

 

Notes

1        This is a compilation of the Marriage Act 1835 (Imp). The following table contains information about that Act and any previous reprints.

Compilation table

Short title

Number and year

Assent

Commencement

Marriage Act 1835 (Imp)

1835 (5 and 6 Will. IV c. 54)

31 Aug 1835

30 May 1844 (adopted by Imperial Acts Adopting Act 1844)

Reprinted as at 26 Oct 1999

2        Adopted in WA by Imperial Acts Adopting Act 1844.

         (7 Vict. No. 13) [Assent 30 May 1844]

3        The short title Marriage Act 1835 was given to this Imperial Act by the Short Titles Act 1896 (UK).

         For other information about this Imperial Act see Halsbury’s Statutes of England, Second Edition, Vol 11, p 710.

         This Act is affected by the Marriage Act 1961 (Cwlth).