Current project status
The current status of this project is: Consultation.
List of project stages:
- Analysis of responses
- Initiation: Could include discussing scope and terms of reference with lead Government Department
- Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
- Consultation: Likely to include consultation events and paper, making provisional proposals for comment
- Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
- Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations
A reformed law of weddings that will allow couples greater choice within a simple, fair and consistent legal structure, so that people can have a wedding that’s meaningful to them. The Law Commission is consulting on provisional proposals to reform the law governing how and where couples can get married. We launched our consultation paper on 3 September 2020, and the consultation period will run until 3 December 2020.
(This project was previously called “Marriage Law”)
The main law which governs marriage is from 1836 and has failed to keep pace with modern life.
How and where marriages can take place is tightly regulated, and differs depending on the type of wedding. At present, couples have to make a choice between a religious or a civil ceremony, with no option for a ceremony reflecting other beliefs. Couples having an Anglican wedding can give notice to the church; all other couples must give notice at the register office. With few exceptions, all couples must have their wedding either in a place of worship or licenced secular venue, and cannot marry outdoors or even in the garden of a licenced venue.
If a couple does not comply with the legal requirements, which may happen with some religious ceremonies, their marriage may not be legally recognised. People often only discover their lack of legal status at the time of relationship breakdown. This means the parties have no legal status or protection and are not counted as married.
In our Consultation Paper launched on 3 September 2020, we suggest a comprehensive new legislative scheme to update the law governing each aspect of the process of getting married.
To modernise and improve wedding law, our proposals include changes that would:
- Allow weddings to take place outdoors, for example on beaches, in parks, in private gardens and on the grounds of current wedding venues.
- Allow weddings to take place in a wider variety of buildings (for example in private homes) and on cruise ships.
- Offer couples greater flexibility over the form their wedding ceremonies will take, enabling them, if they desire, to use a variety of ceremonies (religious and non-religious) to mark their weddings.
- Simplify the process and remove unnecessary red tape to make it fair to couples, more efficient, and easier to follow. For example, couples will be able to complete the initial stage of giving notice of their intended wedding online or by post, rather than having to do so in person.
- Provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
- Ensure that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise at all.
Responding to the consultation
Written submission to our consultation can sent to us using the online response form, available on our website. Where possible, it would be helpful if this form was used. Alternatively, comments may be sent:
- by email to email@example.com; or
- by post to Weddings Team, Law Commission, 1st Floor, 52 Queen Anne’s Gate, London, SW1H 9AG.
(If you send your comments by post, it would be helpful if, whenever possible, you could also send them electronically.)
The Law Commission is hosting a series of live Q&A events, to answer questions about the new scheme for weddings law that we provisionally propose in Getting Married: A Consultation Paper on Weddings Law.
Each event will have a different focus. Click here for more details of each event, including dates and instructions for joining.
Am fwy o gyflwyniadau, pob un gyda chanolbwynt gwahanol, pwyswch yma.
Mae Comisiwn y Gyfraith yn cynnal cyfres o sesiynau cwestiwn ag ateb byw, i ateb cwestiynau am y cynllun newydd ar gyfer gyfraith priodasau rydyn ni’n awgrymu yn “Priodi: Papur Ymgynghori ar Gyfraith Priodasau”.
Bydd pob sesiwn yn canolbwyntio ar faterion gwahanol. Pwyswch yma ar gyfer fwy o wybodaeth am bob sesiwn, yn cynnwys dyddiadau a chyfarwyddiadau ar gyfer ymuno.
The background to the project
The Consultation Paper follows on from the scoping work we conducted in 2015. In December 2014, Government asked the Law Commission to conduct a review of the law governing how and where people can marry in England and Wales. We published our Scoping Paper in December 2015, in which we concluded that there was a need for a wholescale review of the law in this area. Government announced in the 2018 Budget that it would ask us to conduct a full law reform project, and after agreeing Terms of Reference, we began work in July 2019.
Terms of Reference
The scope of our project is set by the Terms of Reference agreed between the Law Commission and Government. The project seeks to provide recommendations for a reformed law of weddings that allows for greater choice within a simple, fair and consistent legal structure.
The review is guided by five principles for reform:
- Certainty and simplicity
- Fairness and equality
- Protecting the state’s interest
- Respecting individuals’ wishes and beliefs
- Removing any unnecessary regulation, so as to increase the choice and lower the cost of wedding venues for couples.
As part of the project, the Law Commission is considering:
- The legal preliminaries that should be required prior to a wedding.
- Where weddings should be able to take place, considering for example weddings outdoors, at sea, and on military sites, with a view to removing restrictive regulations.
- Who should be able to solemnize a marriage, including considering how a scheme could include weddings conducted by non-religious belief organisations and independent celebrants. The Law Commission will not, however, be making recommendations on whether as a matter of policy new groups should be allowed to conduct legally binding weddings.
- Whether specific vows should be required during a ceremony.
- How marriages should be registered.
- What the consequences should be for couples who do not comply with any requirements.
Our full Terms of Reference are available here.
Government’s separate work
Alongside the Law Commission project, Government will take forward separate work to explore what can be done to deliver interim reform within the existing buildings-based system for certain civil ceremonies. Government will explore the extent to which regulations governing approved premises could be reformed to allow outdoor locations for civil weddings and civil partnership ceremonies, whilst maintaining the requirement that venues be seemly and dignified.
Government has committed as part of the integrated communities strategy to exploring the legal and practical challenges of limited reform relating to the law on marriage and religious weddings, based on the recommendations of the Independent Sharia Review. Government is taking forward this work separately from the Law Commission’s wider review of the law on marriage ceremonies.
Government will ensure that it considers the work and recommendations of the Law Commission as it takes forward its separate work following the recommendation of the Independent Sharia Review.
Timing and next steps
Owing to the COVID-19 pandemic, we decided to postpone our consultation, which had been due to begin in spring 2020. The consultation is now underway, and will last until 3 December 2020. Once the consultation period ends, we will analyse the responses to our consultation, which will inform the development of our final recommendations for reform. We are aiming to publish the final report, with these recommendations to Government, in the second half of 2021.
For general enquiries, please contact us by email: firstname.lastname@example.org
Area of law
Property, family and trust law
Professor Nicholas Hopkins