Reforming Marriage Law in England and Wales

Many of us know a couple who had to pretend to be a member of a certain faith for a while to guarantee a wedding at their desired venue.

Fortunately, marriage laws dating back almost two centuries in England and Wales may soon be reformed.

Currently, the law specifies that for a marriage to be legally binding, it must take place in recognised premises. This includes religious buildings, a building registered for the purpose of marriage, or a private chapel on a naval, military or air force base.

Somewhat unsurprisingly, getting married on a military base or in a religious building is simply not a possible, or desired, option for many modern couples. It also pushes the cost of a wedding up and brings further problems to minority groups.

Many gradual shifts towards a modern future have accelerated due to the COVID-19 pandemic. This was also true for marriage reform, with couples having to put their plans on hold. England and Wales’ “ancient” and “outdated” marriage laws meant for a lack of legally binding alternatives. The law-makers of 1836 did not envision a future involving Zoom weddings.

What will change?

The Law Commission has proposed the following changes to the 19th-century marriage laws:

• Weddings could take place in a wider variety of buildings or outdoors
• Enabling couples to use a variety of ceremonies (religious and non-religious)
• Make the entire process easier to follow and removing bureaucracy involved. For example, giving notice online, or even by post, instead of having to do it person
• Allowing independent or non-religious belief organisations (such as Humanists) to conduct legally binding weddings
• Ensure the law recognises a greater variety of weddings as legally binding
• Allow weddings to take place remotely, such as online during a pandemic

Modernising marriage laws will also remove some problems that specifically affect minority groups, too:

• Inter-faith couples currently have to choose between a civil or a religious ceremony, with no option for a legally binding ceremony reflecting more than one belief
• 88% of same-sex couples choose not to get married in a religious venue. Reforms would open up venue possibilities to all couples, but this is particularly important to those who may have faced further discrimination
• Non-able-bodied and neurodiverse couples may find it harder than most to plan or even attend their own wedding at a venue not equipped for their needs. Not to mention the added mental toll of gathering all the in-laws together (although this is perhaps a universal struggle)

Essentially, marriage laws that are almost two centuries old, chapels that date back even further, and civil ceremonies stripped of religion entirely, suit an increasingly small number of couples.

What’s next for modern marriages?

Ceremonies better suited to each couple seem to be the future of modern marriage, evident in the rise of Humanist weddings. Sitting on an uncomfortable bench in a freezing church next to someone’s great aunt Mildred may soon become a thing of the past.

Reforms to marriage laws will enable couples to choose ceremonies that are tailored to their needs and wishes. It will alleviate an added layer of bureaucratic stress that couples simply don’t need when planning a wedding, as well as reduce disparities for minority groups.

The impact of the reforms could have a wider, positive impact on many couples. Interestingly, the “stability of marriage is being pioneered by the younger generations”, according to a review of the state of the union in 2016, which looked at decreasing divorce rates in younger people.

A modern, considered and personal approach to marriage is likely to be further enhanced by the reforms.

The Law Commission expects to publish their final report towards the end of 2021, with the reforms likely to take effect from 2022 at the earliest.