Marriage Act 1984 (2)

Marriage by common licence

Places in which marriages may be solemnized by common licence

12. Subject to this Part, a common licence shall not be granted for the solemnization of a marriage in any church or chapel other than -

(a) the parish church of the parish, or a public chapel in the parish, in which one of the persons to be married has had his or her usual place of residence for fifteen days immediately before the grant of the licence; or
(b) a parish church or public chapel which is the usual place of worship of the persons to be married or of one of them.

Provisions as to common licences

13. (1) The person to whom notice of application for a common licence is given shall enter the particulars given in the notice, together with the date of the notice and the name of the person by whom it was given, in a book furnished to him for the purpose by the Chief Registrar; and when such a book is filled it shall be delivered to the Chief Registrar.

(2) A common licence shall not be granted unless one of the persons to be married has sworn before a person having authority to grant such a licence -

(a) that he or she believes that there is no impediment of kindred or alliance or any other lawful cause, nor any suit commenced in any court, to bar or hinder the solemnization of the marriage in accordance with the licence;
(b) that one of the persons to be married has had his or her usual place of residence in the parish in which the marriage is to be solemnized for 15 days immediately before the grant of the licence or that the parish church or public chapel in which the marriage is to be solemnized is the usual place of worship of those persons or of one of them;
(c) where one of the persons to be married is a minor and is not a widower or widow, -
(i) that the consent of the person or persons whose consent to the marriage is required under section 3 has been obtained,
(ii) that the necessity of obtaining any such consent has been dispensed with under that section,
(iii) that the High Court has consented to the marriage under that section, or
(iv) that there is no person whose consent to the marriage is so required.

(2) If any caveat is entered against the grant of a common licence, the caveat having been duly signed by or on behalf of the person by whom it is entered and stating his place of residence and the ground of objection on which the caveat is founded, no licence shall be granted until Bishop, Vicar General or surrogate has examined into the matter of the caveat and is satisfied that it ought not to obstruct the grant of the licence, or until the caveat is withdrawn by the person who entered it.

(3) Where a marriage is not solemnized within 3 months after the grant of a common licence, the licence shall be void and no clergyman shall solemnize the marriage on the authority thereof.

Licensing of chapels etc.

14. (1) The Bishop may by licence under his hand and seal authorise the solemnization of marriages by licence in any chapel duly authorised for the celebration of divine service according to the rites of the Church of England, for persons residing in the parish in which the chapel is situated, reserving to the present incumbents of parishes the right of all such fees as are now due and payable to them.

(2) A marriage solemnized in accordance with this Part in a chapel licensed under subsection (1) shall be as valid as if it had been solemnized in the parish church of the parish in which the chapel is situated.

(3) If a parish church is disused in consequence of rebuilding or repairs, or for any other cause, the Bishop may direct in writing that banns may be published and marriages solemnized in some neighbouring parish church or chapel instead of that church.

Miscellaneous

Witnesses and form of marriage

15. All marriages solemnized according to the rites of the Church of England shall be solemnized -

(a) in the presence of 2 or more witnesses in addition to the clergyman by whom the marriage is solemnized;
(b) in the form prescribed in the Book of Common Prayer, or in any other form for the time being authorised by Canon under the Church of England (Worship and Doctrine) Measure 1974 (a Measure of the General Synod).

Proof of residence

16. (1) Where any marriage has been solemnized after the publication of banns of matrimony, it shall not be necessary in support of the marriage to give any proof of the residence of the parties or either of them in any parish in which the banns were published, and no evidence shall be given to prove the contrary in any proceedings touching the validity of the marriage.

(2) Where any marriage has been solemnized on the authority of a common licence, it shall not be necessary in support of the marriage to give any proof that the usual place of residence of one of the parties was for 15 days immediately before the grant of the licence in the parish in which the marriage was solemnized, and no evidence shall be given to prove the contrary in any proceedings touching the validity of the marriage.

Void marriages

17. If any persons knowingly and wilfully intermarry according to the rites of the Church of England (otherwise than by special licence) -

(a) in any place other than a church or other building in which banns may be published;
(b) without banns having been duly published or a common licence having been obtained; or
(c) on the authority of a publication of banns which is void by virtue of section 3(7) section 11(2), or on the authority of a common licence which is void by virtue of section 13(4);

or if they knowingly and wilfully consent to or acquiesce in the solemnization of the marriage by any person who is not in Holy Orders, the marriage shall be void.

Usual places of worship

18. (1) For the purposes of this Part no parish church or authorised chapel shall be deemed to be the usual place of worship of any person unless he is enrolled on the church electoral roll of the parish in which that church or chapel is situated, and where any person is enrolled on the church electoral roll of a parish in which he does not reside that enrolment shall be sufficient evidence that his usual place of worship is a parish church or public chapel in that parish.

(2) Persons intending to be married shall have the like but no greater right of having their banns published and marriage solemnized by virtue of this Part in a parish church or public chapel which is the usual place of worship of one or both of them as they have of having their banns published and marriage solemnized in the parish church or public chapel of the parish in which they or one of them resides.

(3) Where any marriage has been solemnized by virtue of this Part it shall not be necessary in support of the marriage to give any proof of the actual enrolment of the parties or of one of them on the church electoral roll of the parish in which the parish church or public chapel in which the marriage was solemnized was situated, nor shall any evidence be given to prove the contrary in any proceedings touching the validity of the marriage.

[(4) In this section the expression "church electoral roll", in relation to a parish, means the church electoral roll constituted for the parish in accordance with the Church Representation Rules, as they have effect in the Island, and, where the parish includes a district or part of a district assigned to a chapel for the purposes of those Rules, means either the church electoral roll for the parish (excluding that district) or the church electoral roll for that district.]