A landmark report by the Law Commission has set out how decades old marriage laws need to be updated to reflect our modern society, meaning couples will have more choice on how and where they wed.
In the report, published earlier this week, it stated:
“Our recommendations provide a new weddings law that gives couples greater choice within a simple legal framework to support and celebrate marriage.”
The report recommends comprehensive marriage reform from the foundations up and has proposed an entirely new scheme that will effectively transform the law from a system based on regulation of buildings, to one based on regulation of the officiant responsible for the ceremony.
“Under our recommendations, all couples, as well as all religious groups and (if enabled by Government to conduct weddings) non-religious belief groups, will have the freedom to decide where and how their weddings will take place.”
Under new proposals, couples will be able to get married in a much wider variety of locations, including: outside, in a place unconnected with any building, such as in a forest, on a beach, or in a local park; in affordable local venues, such as community centres and village halls, as well as in their own homes; and in international waters on cruise ships that are registered in the UK.
“This area of law has long been due an overhaul and the Law Commission’s review of marriage report offers a much-needed opportunity to bring our marriage laws into the 21st century,” said Law Society of England and Wales president I. Stephanie Boyce.
“Many marriage laws have not been updated since the late 1940s and they set specific and often surprising requirements around how, where and when couples can wed.
Many couples will be unaware that temporary measures brought in during the height of the pandemic – such as civil ceremonies and civil partnerships taking place outside – have only recently been made permanent.
Allowing this change means couples have more flexibility and choice on their wedding day, as well as a greater variety of venues with a wider range of officiants.”
The Commission also unveiled further proposals it will take forward, including enhanced protections against forced and predatory marriage, and a framework that allows non-religious or religious groups to conduct legally binding weddings.
Couples will also be able to give notice of their intended wedding online, and to choose the registration district where they are then interviewed by a registration officer.
I. Stephanie Boyce commenting on the proposed process updates, stated:
“By simplifying the process and allowing couples to give notice online, marriage laws will be able to support couples more efficiently.
The option of in-person interviews, however, should remain so appropriate checks can be carried out where there are any concerns about fraud, duress or forced marriage cases.
The Commission should also use this report to educate the public about marriage. Our members have told us that there is still a belief that cohabitation exists as ‘common law marriage’ in England and Wales.
Our laws must reflect the society we live in and by modernising existing marriage laws, it means couples can have greater flexibility on where they wed, greater safeguards for both parties and greater education about marrying in England and Wales.”
