FOREIGN MARRIAGE ACT 1892 - SECT 22 Validity of marriages solemnised by chaplains of H.M. forces serving abroad and other persons.

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FOREIGN MARRIAGE ACT 1892 - SECT 22

Validity of marriages solemnised by chaplains of H.M. forces serving abroad and other persons.

22.(1) A marriage solemnised in any foreign territory by a chaplain serving
with any part of the naval, military or air forces of His Majesty serving in
that territory or by a person authorised, either generally or in respect of
the particular marriage, by the commanding officer of any part of those forces
serving in that territory shall, subject as hereinafter provided, be as valid
in law as if the marriage had been solemnised in the United Kingdom with a due
observance of all forms required by law:

Provided that this subsection shall only apply if

(a)one at least of the parties to the marriage is a member of the said forces
serving in that territory or a person employed in that territory in such other
capacity as may be prescribed by Order in Council; and

(b)such other conditions as may be so prescribed are complied with.

(2) In this section the expression "foreign territory" means territory other
than

(a)any part of His Majesty's dominions;

(b)any British protectorate; or

(c)any other country or territory under His Majesty's protection or suzerainty
or in which His Majesty has for the time being jurisdiction:

Provided that His Majesty may by Order in Council direct that

(i)any British protectorate or any such other country or territory as is
referred to in paragraph (c) hereof; or

(ii)any part of His Majesty's dominions which has been occupied by a State at
war with His Majesty and in which the facilities for marriage in accordance
with the local law have not in the opinion of His Majesty been adequately
restored;

(3) Any reference in this section to foreign territory, to forces serving in
foreign territory and to persons employed in foreign territory shall include
references to ships which are for the time being in the waters of any
foreign territory, to forces serving in any such ship and to persons employed
in any such ship, respectively.

(4) His Majesty may by Order in Council provide for the registration of
marriages solemnised under this section, and for the application thereto, with
such adaptations as may be necessary, of any provisions ... of any Act
(including any Act, whether passed before or after the passing of this Act, of
the Parliament of Northern Ireland) for the time being in force in Northern
Ireland relating to the registration of marriages, and the Order may, to such
extent as may be specified therein, be made applicable to marriages solemnised
under section twenty-two of the Foreign Marriage Act, 1892, as originally
enacted.

(5) Where a marriage purports to have been solemnised under this section, it
shall not be necessary in any legal proceeding touching the validity of the
marriage to prove the authority of the person by or before whom it was
solemnised, nor shall any evidence to prove his want of authority be given in
any such proceeding.

(6) Any Order in Council made under the foregoing provisions of this section
may be varied or revoked by a subsequent Order in Council, and any Order in
Council made under this section shall be laid forthwith before each House of
Parliament.]

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Northern Irish Legislation

FOREIGN MARRIAGE ACT 1892 - SECT 22