Marriage Act, 1835

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MARRIAGE ACT 1835

C A P. LIV.

An Act to render certain Marriages valid, and to alter the Law with respect to certain voidable Marriages. [31st August 1835.]

Marriages before the passing of this Act of Persons within the prohibited Degrees not to be annulled.

‘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, That 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 herein-before enacted shall affect Marriages between Persons being within the prohibited Degrees of Consanguinity.

Marriages, &c. void.

II. 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.

Not to extend to Scotland.

III. 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.

Act may be altered, &c.

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 And be it enacted, That this Act may be altered or repealed by any Act or Acts to be passed in this present Session of Parliament.