Since the coronavirus pandemic’s first lockdown in March 2020, there has been disappointment for many betrothed couples who have had to postpone and rearrange their weddings on multiple occasions. Some have gone ahead, where possible, but restrictions have forced them to dramatically change their original plans.
With both the marriage act and the Government’s decisions forcing big changes to weddings in 2020 – with some only allowed 15 guests – many people are now pondering whether the marriage act is still fit for purpose.
For example, to be legal, wedding ceremonies must be held in a registered venue and strict restrictions mean you cannot get married outdoors – limiting numbers for a covid wedding. Adding a further complication, you must give notice of intent to marry in person. You cannot contact a registrar via phone, post or email – something which has not been possible for many throughout lockdown.
Marriage reform is now being proposed, as a result.
What’s the Problem and What Changes Are Proposed?
The main governance of marriage was set in 1836 and, although updated over the years, has not kept pace with modern life and the complications it throws at us.
There is very tight regulation on where a wedding ceremony can legally take place: it must be held in either a religious building or a licensed venue. You cannot get married at home, anywhere outside – such as a field, beach or garden – or any other location which is not registered. If you do have a ceremony in any of these locations, it may not be legally recognised.
A consultation on wedding reform was launched on 3rd September 2020 with the Law Commission. This proposes greater choice on where you can get married and how. The consultation’s proposed modernisation includes:
- Allowing weddings to take place outdoors, for example on beaches, in parks, in private gardens and on the grounds of current wedding venues.
- Allowing weddings to take place in a wider variety of buildings (for example in private homes) and on cruise ships.
- Offering 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.
- Simplifying the process and removing 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.
- Providing a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.
- Ensuring that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise at all. For example, if you are wondering “is a humanist wedding legal”, or maybe a Muslim nikah ceremony, then this is unlikely in England and Wales.
Responses were submitted by 4th January 2021 and they are now being considered. A final report, including recommendations to Government, is expected in the second half of 2021.
The proposed changes could dramatically alter how weddings look, both during and long after the covid pandemic. If the marriage act reform does take place, it could mean new options and opportunities for brides and grooms to be, from all walks of life.
What Are Your Thoughts on Marriage Law?
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