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This Order amends s 1 of and Sch 1 to the Marriage Act 1949 (the 1949 Act") to remedy their incompatibility with a European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 (European Convention)right.
In the case of B and L v United Kingdom (Application No 36536/02) the European Court of Human Rights found that there had been a violation of Art 12 of the European Convention in that the prohibition on marriages between a person and the parent of their former spouse and between a person and the former spouse of their child could not be supported as rational and logical.
In order to remedy this incompatibility the provisions of the 1949 Act forbidding the marriage of a person to the parent of his former spouse and the marriage of a person to the former spouse of his child are repealed by article 2(a) of this Order. Article 2(b) exempts a Church of England or Church in Wales clergyman from what would otherwise be his obligation to solemnize a marriage between those permitted to marry by article 2(a). Article 3 repeals certain provisions in consequence of article 2.
The Marriage Act 1949 (Remedial) Order 2007
(SI 2007/438) "
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