Foreign Marriage Act 1892
 | |
| Long title | An Act to consolidate Enactments relating to the Marriage of British Subjects outside the United Kingdom. |
|---|---|
| Citation | 55 & 56 Vict. c. 23 |
| Territorial extent | Originally the United Kingdom of Great Britain and Ireland; presently the Republic of Ireland. |
| Dates | |
| Royal assent | 27 June 1892 |
| Commencement | 27 June 1892 |
| Repealed | 3 June 2014: England, Wales and Scotland 13 January 2020: Northern Ireland |
| Other legislation | |
| Repealed by | Marriage (Same Sex Couples) Act 2013: England, Wales and Scotland The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019: Northern Ireland |
| Status | |
| England and Wales | Repealed |
| Scotland | Repealed |
| Republic of Ireland | Amended |
| Northern Ireland | Repealed |
| Text of statute as originally enacted | |
| Revised text of statute as amended (Great Britain and Northern Ireland) (Republic of Ireland) Revised text of statute as amended] | |
The Foreign Marriage Act 1892 (55 & 56 Vict. c. 23) is an Act of the Parliament of the United Kingdom of Great Britain and Ireland, enacted to provide legal authority for marriages of British subjects performed outside the United Kingdom. It authorised British officials abroad to perform the marriage ceremony, and set out the necessary formalities to be followed, such as notice requirements and registration of the marriage with the British government. Marriages performed under the act would then be recognised under British law as if they had been performed in the United Kingdom. The act also provided that marriages performed abroad under local laws could be registered with the British government, provided a British consular official personally witnessed the marriage.
When originally enacted in 1892, the act applied to all of Great Britain and Ireland. It was repealed in 2013 for England, Wales, and Scotland, while repealed in 2019 for Northern Ireland, though the act is still in force in the Republic of Ireland.
Content
[edit]Until their repeal, sections of the act also defined the procedures used for consular marriages, which until recently – with the abolition of extraterritoriality for British subjects abroad or within the British Empire, the obsolescence of the class of the British Protected Person and the development of the concept of Lex loci celebrationis and the qualifications for its invocation (especially by the case of Radwan v Radwan (1972) (3 All ER 967), which effectively rendered foreign and Commonwealth consular marriages and British consular marriages alike invalid in England) in English law – allowed British subjects to get married abroad but under the matrimonial laws of England rather than foreign laws, through the British consul-general, consul, consulate or consular section.
The act also defined the procedures for marriage by members of Her Majesty's Armed Forces in the United Kingdom outside of the United Kingdom.[1]
Amendments and repeal
[edit]The act was substantially amended by the Foreign Marriage (Amendment) Act 1988.
The act was repealed in England and Wales the Marriage (Same-Sex Couples) Act 2013, which came into force on 3 June 2014.[2] The act was also repealed in Scotland.[3] The repeal did not extend to Northern Ireland. The act was repealed in Northern Ireland by the Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019, which came into force on 13 January 2020.[4]
The act is still in force in the Republic of Ireland, as originally enacted and containing references to "British", "the United Kingdom", "England", "the Church of England" and "British subjects".[5] The act is considered obsolete.[citation needed]
Marriages overseas are now provided in Schedule 6 of the Marriage (Same-Sex Couples) Act 2013.
See also
[edit]- Marriage in the United Kingdom
- Legal consequences of marriage and civil partnership in England and Wales
References
[edit]- ^ John Murphy (17 March 2006). International Dimensions in Family Law. Manchester University Press. pp. 47–48. ISBN 978-0-7190-6842-3. Retrieved 28 January 2013.
- ^ Marriage (Same Sex Couples) Act 2013, c. 30, ss. 13, 20(1).
- ^ Marriage (Same Sex Couples) Act 2013, c. 30, ss. 13, 20(2).
- ^ [https://www.legislation.gov.uk/uksi/2019/1514/contents The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019], Statutory Instruments 2019 No. 1514, s. 11.
- ^ Foreign Marriage Act, 1892, Electronic Irish Statute Book.
