The Government has recently announced a significant change to marriage law, planned to offer engaged couples more freedom of choice for their wedding plans and expected to deliver a boost to the economy.
Proposals
The reforms intend to change the criteria for a legally recognised ceremony, so that it can take place if the officiant conducting it is suitably qualified, rather than under the current law which determines the issue by the venue in which the ceremony takes place. A marriage taking place in England and Wales can currently only take place in a licensed location such as a registry office, church, or other approved venue.
Changing the criteria is anticipated to expand venue choices provided that the venue complies with strict standards of being appropriate and dignified and the officiant is suitably qualified.
Humanist weddings
Humanist weddings will now become legally binding for the first time. Until the reforms are enacted, couples are required to have a separate legal ceremony in a licensed venue if the marriage takes place in England and Wales.
Religious weddings
Some religious marriage ceremonies, including Sikh, Muslim, Buddhist and Hindu weddings, have not been recognised as legally binding. These will now become legally recognised marriages provided that they comply with the new rules for officiants.
Until the reforms take place, couples are required to have a separate legal ceremony in a licensed venue.
Implications for engaged couples
In addition to saving couples the additional cost of a register office ceremony, the reforms will make it easier for couples to marry in a way that reflects their beliefs and values and in a venue that may more suitably reflect their union.
Implications for separating couples
The proposed changes will significantly alter the status of some ceremonies that have not previously been recognised as legal marriages, and so were incapable of being ended by divorce.
If a couple does not intend to legally marry, they must be sure that they take steps to avoid their ceremony conferring legal recognition to their union. For more information about the legal status of unmarried couples, see cohabitation solicitors.
If a legally recognised marriage is to take place, parties may also want to consider the protection of financial resources through a prenuptial agreement. For more about prenuptial agreements see our guide to prenuptial and postnuptial agreements.
Next steps
The reforms are not yet in place, and a public consultation will take place early next year. Legislation to modernise marriage law is then anticipated to follow when parliamentary time allows.
