The Law Commission^[1] has suggested that sweeping changes need to be made to the law that governs when and how couples can get married in England. This article looks at the problems identified with the current law, and what changes need to be made to bring wedding laws into the 21^st Century.

The Current Law

The main law which governs marriage is from 1836 and has barely been updated since. The law was introduced at a time when the vast majority of couples were strictly religious, shared the same beliefs and lived in the same community – following a way of life that is almost completely unrecognisable in today’s England and Wales. Changes in society and the way that marriage is viewed mean that wedding laws that date back to this period no longer work for many couples getting married today.

The current, detailed, regulations surrounding weddings in England and Wales have proved unnecessary for many couples who are not religious and wish to have a non-religious ceremony. Currently, couples must choose between a civil or a religious ceremony with an officiant and particular wording, with no option for a legally binding ceremony reflecting other beliefs.

Such restrictions do not appear to be necessary from a safety perspective and appear to be for purely historic reasons. It only accommodates those whose beliefs dictate that they marry indoors and leaves anyone who does not follow these beliefs with a restricted choice as to where they can get married, with no apparent reason why. Restrictions also unnecessarily drive up the cost of a wedding for many couples in order to be in compliance with the rules, as well as preventing small businesses from offering wedding services to the public due to the cost of approval and compliance.

The complexity of the current system also means that some couples may find out that their wedding ceremony was not actually valid and as such they are not legally married. Unfortunately, this is often only discovered during difficult times, such as divorce or death of a partner, and leaves people without the protections that being married would have afforded them.

Changes to the Wedding Officiant

The proposed wedding laws would rely on the officiant to be the key to the legality of the wedding. For the wedding to be valid, it would have to be officiated by an authorised officiant – if it is not, then there would be no valid marriage. Their key role would be to ensure that the legal requirements for forming a valid marriage were met, namely that:

1. The parties freely expressed consent to marry each other,
2. The other requirements of the ceremony were met (such as two witnesses being present).
3. The schedule was signed.

They may or may not conduct or lead the wedding ceremony.

There would be three categories of officiant:

1. Registration officers – appointed by local authorities,
2. Anglican Clergy,
3. Nominated officiants – nominated by other religious organisations other than the Anglican church,
4. Maritime officiants – such as captains of cruise ships.

Wedding Location

The Law Commission considered and suggested that allow couples to have more freedom to choose their own wedding venue. Currently, many couples wish to get married in a place that is special to them but are unable to do so because the state must approve the venue, or the wedding must take place in a place of worship. This results in couples having to pay for two ceremonies: one at their own choice of venue, and another at the registry office, or even choosing to celebrate in a way recognised by law – meaning that they will not be legally married. In response to this issue, the Commission has proposed that a wedding should be legally permitted to take place anywhere, including outdoors, in a private setting such as a home, and even at sea. Instead of the location of the wedding, the validity of it would rely on the officiant. Essentially, the wedding will be valid as long as the chosen officiant of the wedding approves the place of marriage, taking into account safety and dignity. Some venues may even be preapproved, where they are already determined to be safe and dignified, so there would be no need for an officiant to give their consent. Religious and non-religious organisations would be able to impose their own requirements as to where a wedding must take place.

The commission is currently in the policy development phase of its review, and the Ministry of Justice has said that it will respond after the findings are published. The report of the Law Commission will not be binding upon the government, who may or may not decide to implement the suggested changes.

Stella Maris Solicitors LLP can help you with any issues you may have surrounding marriage – if you are unsure whether your wedding ceremony was valid, or have any other questions, do not hesitate to contact us on 01793 296118 or email mail@stellamarissolicitorsllp.co.uk.

^[1]https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2020/09/Weddings-CP-Summary-final-web.pdf