Wedding law reform: dreaming of your perfect “I do”

The Law Commission of England and Wales has announced recommendations to reform wedding laws, which it says is to give couples more choice over where and how their wedding takes place.

Current law

The Marriage Act 1949 governs weddings in England and Wales. It details everything from the types of ceremonies, the type of building and the signage required, not to mention the times that a ceremony can be held (between 8am and 6pm). The law also set the minimum age for marriage at 16, with the consent of parents or guardians.

The wedding of Prince Charles and Camilla Parker Bowles in 2005 brought into question whether civil marriage were available to members of the British Royal Family, to which the Lord Chancellor stated it was in accordance with the 1949 Act. The case of Akhter v Khan also highlighted how religious ceremonies were not considered valid for the purpose of pursuing provision under the Matrimonial Causes Act 1973.

Reason for the change

The Law Commission proposed the paper as they believed there was a need to replace an outdated and overly restrictive law, much of which stemmed from a 1836 Act. Further, over the last two centuries, England and Wales have undergone profound social changes. As a society, we are far more culturally and religiously diverse, with more individuals wanting to celebrate weddings in varied and unique ways.

For many couples wishing to celebrate, the current law conflicts with how individuals might want to celebrate as opposed to how the law requires them to celebrate. Many couples cannot marry in a place that is important or meaningful to them, with the 1949 Act preventing a legally binding ceremony at home or outdoors. Further, many couples cannot have a ceremony with vows, rituals and music that reflect their beliefs. For example, a ceremony will not be permitted if there are religious artifacts present.

The change

The below details the current position and the new position as proposed, signifying significant progress to an ever-evolving society:

• Current position: notice of an intended wedding must be given, in person, at the district where they have resided for the past 7 days.
  • New position: you can give notice remotely, at any registration district.
• Current position: notice of an intended marriage is published at the local register office (usually on a screen).
  • New position: upcoming weddings are published online allowing for wider access.
• Current position: there is no option to have a wedding according to beliefs which are non-religious, and couples need to choose between a civil or religious ceremony.
  • New position: weddings can be conducted by non-religious organisations such as Humanists and or independent celebrants.
• Current position: the ceremony must take place in a place of worship or a licensed secular venue.
  • New position: couples can marry anywhere, including outdoors and at their own homes.
• Current position: civil weddings and some types of religious weddings require prescribed wording.
  • New position: there is no prescribed wording, thereby allowing greater flexibility with ceremonies including religious ceremonies.
• Current position: if a couple fails to comply with the legal requirements, either intentionally or without realising, the law may not recognise them as married.
  • New position: fewer ceremonies will result in a wedding that the law does not recognise at all.

Where can weddings take place and by who?

The answer is anywhere, by practically anyone! Whether it be on a passenger vessel operating inland or on coastal waters, on a beach and even, your grandfather’s backyard. Under the new rules, it will mean military sites could host same-sex marriages for the first time.

The reform will potentially expand the pool of people who could act as officiants. Such individuals need to be over the age of 18 and demonstrate that they are “fit and proper” persons. For cruise ships with a home port in England and Wales, officers such as the captain or chief mate would also be able to conduct a legally recognized ceremony, even on international waters.

The Commission states that its recommendations could reduce the costs of weddings dramatically. This is largely because couples will not need to pick a designated venue (which can be costly in itself), but also because a religious and civil ceremony can take place simultaneous, rather than two different events.

“I object”

Films have fostered this misconception that there must be an “open doors” policy allowing members of the public to attend to state their objection to a marriage. This is far from reality and not something which happens in principle. In fact, only some religious weddings and civil weddings are required to be open to the public and that rule was a legacy from the 1836 Act.

One of the main concerns being raised is whether these changes would dilute the institution of marriage. Would couples enter into marriage knowing the deep commitment they are signing up to, or could this simply be something that couples do on a whim, on a beach, just because they can?

In a generation where social media is key, some are concerned that such steps will trivialise weddings, where the best location or the best shot would take priority.

There is also a risk that couples will be exposed to those wanting to commercialise and monetise on the ceremony, whether it be cruise ship providers or those who own private beaches. Whilst part of the reasoning to change the existing laws is to reduce costs for couples, could this actually be driving the costs up? Will locations which previously provided ceremonies increase their costs to cater for a drop in demand, particularly if they are reliant on such a source of income?

On balance, the new regulations will allow and facilitate equality and cater to an increasingly diverse country. It will give access to those wanting to get married to a wider pool of locations and officiants, whilst providing legal protections. If anything, the pandemic has helped accelerate this process, which has been long overdue and championed by many including those wishing for the recognition of religious marriage. Is it a matter of time until religious ceremonies are considered legally binding and valid?

Nick Gova, managing associate at Cripps