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For most people getting married, the legal side of things is not the first thing on their mind, but the question of where you are allowed to legally marry still matters, especially when the answer is shaped by laws that haven’t changed much since the 1800s.
There is a real possibility that could change. The Government has said it plans to bring in major changes to the way weddings are regulated in England and Wales, changes that could give couples much more freedom over where and how they get married.
So what are the rules now, and what might change?
At the moment, weddings in England and Wales are legally recognised if they fall into one of two categories: civil or religious.
Humanist weddings and other belief-based ceremonies are not recognised by law in England and Wales.
So even if a couple has a humanist ceremony, they still need to have a separate legal wedding, usually at a register office.
According to a report from The Telegraph, The Government is now looking to reform these rules based on recommendations from the Law Commission’s 2022 report, Celebrating Marriage: A New Weddings Law.
The report called the current system “outdated” and said it no longer reflects modern society.
The proposed changes would move away from focusing on the location of the ceremony, and instead put the emphasis on the person conducting it.
In practice, this means:
Justice Secretary Shabana Mahmood is expected to give more detail on the plans soon, and reports suggest the changes could take effect before the next general election.
The reform is about giving couples more choices and removing the legal hoops that many people currently have to jump through to make their wedding both meaningful and legally recognised.
For example, a couple who want to get married in their own back garden currently cannot do so unless the garden is licensed or they’re part of a religious tradition with more flexible rules.
These reforms would open the door to more personal and less bureaucratic options without compromising the legal safeguards that exist to protect those getting married.
It also brings England and Wales in line with places like Scotland, where belief-based ceremonies (like humanist weddings) have been legally recognised for years.
If the reforms go ahead, they could make it much easier for couples to have a wedding that feels right for them and is legally watertight.
While we monitor the progress of these reforms, if you are considering marriage and want to understand what is legally viable, please contact us today for expert advice.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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