The Law Commission for England and Wales published their recommendations for marriage reform on the 19th July 2022, we are expecting the Government to publish their response in July 2023. Below is a Q&A and a brief overview of the changes that will likely be made into law in the near future.
What is the Law Commission recommending?
Watch Alison Hargreaves, Guides for Brides CEO, and Sophie Easton of the Association of Independent Celebrants discussing key questions around the Law Commission recommendations and discussing how businesses and couples can prepare.
The Law Commission's report is recommending a complete change to marriage laws in England and Wales from the foundations up. Their proposals aim to remove the many unnecessary restrictions that couples face when getting married or forming a civil partnership in England and Wales. The recommendations offer greater freedom to couples, allowing them more choice when it comes to their wedding and addressing the inequality that many groups currently face.
In short, the recommendations of the Law Commission propose that the system change from the current regulation of buildings to one that is based on regulation of the person officiating the ceremony. These changes would bring the laws of England and Wales in line with Scotland, Northern Ireland and Jersey as well as countries such as New Zealand and Canada.
The proposed changes would also make the marriage laws of England and Wales much more inclusive and universal. This will mean that (with the exception of very few cases) all weddings will be governed by the same laws, whether a civil ceremony or a religious wedding.
How will couples benefit from the marriage law changes?
Under the recommendations of the Law Commission, all couples wanting to get married, as well as all religious groups, (and non-religious belief groups if allowed to conduct marriages by the Government) will be given much more freedom to decide how and where they tie the knot.
The key benefits are:
Convenience in the preliminary stages: Couples will be able to give notice of marriage online and choose the district where they are interviewed by the registrar. The preliminaries of Anglican weddings (i.e the reading of Banns) will be retained for these weddings.
Publicity: The notice of any upcoming weddings will be published online so that the information is easily accessible to the wider community.
Respecting beliefs: Couples will be able to have a wedding ceremony that respects their beliefs and values. The Law Commission suggests this will be achieved by:
- The ability to have their religious wedding ceremony in a venue outside of their place of worship and without having to say prescribed words.
- Interfaith couples will be able to have a religious ceremony led by an interfaith minister that can respect both of their beliefs.
- Allowing some religious elements to be incorporated into the civil ceremony as long as it is clear that the ceremony is civil.
- Non-religious belief groups (if allowed to conduct marriages by the Government) would be able to conduct wedding ceremonies through the same process as religious groups.
Choice: Couples would be able to have much more freedom to choose where they get married. This will include locations that aren't licensed under the current laws such as forests, local parks, the couple's own home, and on international waters on cruise ships as long as the ship is registered in the UK.
New options: Independent Celebrants (not affiliated with any religion or non-religious belief system) would be able to conduct a civil wedding ceremony.
Certainty: It would be much clearer to know what the consequences are when a couple hasn't complied with the required formalities. There will be fewer weddings conducted that will result in a wedding that the law doesn't recognise.
How have official bodies reacted to the proposed changes?
The vast majority of official bodies have reacted positively to the Law Commission's proposed changes but as always with a big debate and potential change, there have also been some negative reactions. Those that've reacted positively have noted the benefits of legal weddings in England and Wales potentially becoming more accessible for those who may be house bound and a greater chance of inclusivity thanks to more interfaith and religious weddings being recognised by law if the changes are passed.
However, other groups, such as The Church of England, have expressed concern for the proposed changes. Recently, The Bishop of Durham warned that “the move to commercialise weddings is likely to undermine the Christian understanding of marriage” and “open up the institution to abuse from profit makers”.
How long has the law commission review of marriage laws been going on?
The review of wedding laws in England and Wales began in 2015. The process was slightly delayed due to the Covid-19 pandemic. However, it didn't stop entirely and significant changes to the law have been made during this time.
- In September 2020, the Law Commission published their initial consultation paper and held a 4 month public consultation online. This ultimately led to the publication of their recommendations for law changes in July 2022.
- In May 2021, the way marriages are registered in England and Wales changed to the schedule system, with the mother's name being on the marriage certificate.
- In April 2022, the temporary law to allow for outdoor weddings in approved premises became a permanent law. Now couples can have a legally binding ceremony on the grounds of any licensed wedding venue.
Will this change still protect against forced or fraudulent marriages?
The Law Commission has acknowledged the concern that changes to the law must still protect those who are unable to legally consent to marriage. The preliminary stages or the steps that a couple must take to ensure their marriage or civil partnership is legally binding play a crucial role in this. It is stated in the Terms of Reference that all precautions to prevent sham or forced marriages will be upheld.
The report states that preliminary stages suggested are robust and that "Their role is to ascertain, so far as possible, that the couple is free to marry each other, and to identify and prevent forced and sham marriages, including predatory marriages where the victim lacks the capacity to consent to a marriage."
The Law Commission has stressed that while these may be changes, they are "neither radical nor untested". In fact, the changes proposed are very similar to many countries operating under the same or a similar system, including other UK nations.
Can I get married anywhere under the proposed laws?
The law reform will allow couples to have greater freedom of choice in where they get married. It opens up the ability to be married at home and in locations previously not recognised by law such as outdoor spaces that aren't within the grounds of approved wedding venues.
However, a wedding ceremony is still a significant event and while offering couples more freedom, the Law Commission wants to uphold the dignity of the ceremony. Under the proposed changes, the officiant will be responsible for ensuring that the location chosen is safe, seemly and dignified. This will make sure that the importance of the ceremony is still recognised.
So, while you wouldn't be able to be married while doing something like skydiving, the proposed changes will give much more flexibility than what is currently allowed.
When will the Marriage Law change for England and Wales?
The recommendations were published in July 2022. It is likely to be July 2023 before decisions are finalised on whether laws will be passed to change the existing Marriage Act. However, it is worth remembering that there are various stages a proposed law change needs to go through before it officially becomes law, and the time this takes can vary so we cannot be 100% certain at this stage.
Previous Updates
Update from March 2022
The temporary measures to allow couples to legally marry outdoors in approved premises became permanent on the 6th April 2022.
In the short term
Approved venues are allowed to hold civil marriage and partnership ceremonies outside indefinitely from April, following confirmation on 15th March 2022 that temporary law change would be made permanent.
These changes have been widely welcomed by couples, wedding planners and venues as they allow the ceremony to take place in a wider choice of outdoor settings. In fact, 96% of respondents to the government consultation backed the law change to become permanent for civil ceremonies.
For religious weddings, 93% of respondents supported the extension of the change to those having a religious wedding ceremony. The government press release assures that "Reforms to religious ceremonies will be made in due course after the consultation found every major faith group supported the move."
This could mean a possible return to the Medieval traditions where weddings would take place under the church porch. As humanist weddings are non-religious, the changes do not currently impact them, but the longer term Law Commission review of wedding laws in England and Wales is likely to look at bringing laws in line with Scotland and Northern Ireland.
In the longer term
Meanwhile, the Law Commission has been looking at wider reaching changes to allow weddings to take place anywhere, with the officiant rather than venue being licensed.
There are understandable sensitivities within the industry; the changes are likely to decrease costs and offer more choice for couples, which is welcome news for those getting married. However, the predicted changes could negatively impact some of the most popular venues, humanist celebrants and the registration service, while offering new opportunities to smaller and less accessible venues, as well as to independent celebrants who may be able to conduct legal ceremonies.
Why it is helpful for the industry to have the interim response?
Although the proposals have been welcomed by the industry and by couples, there is no guarantee that ministers will accept the Law Commission’s recommendations, which makes it hard to plan.
Preparation time is needed by venues to adapt outdoor venues and buy suitable outdoor chairs and sound equipment, and celebrants and officiants will presumably require training.
There is a long lead time for weddings; couples book the venue before anything else and this involves a substantial prepayment.
Venues, celebrants and couples will be looking for an early indication on whether the proposals will be put into place, along with an accurate time frame. This should allow venues, celebrants and couples to start to plan around the likely changes. There is no urgency in the timing for the laws being passed for the Law Commission reform; it is preferable to have plenty of notice, especially now that in the interim, outdoor weddings can continue to take place.
We’ve spoken to the lawyer who is leading the Law Commission work to bring you the most up to date information. You can read more details on the progress of both consultations projects below.
1. Ministry of Justice consultation on outdoor weddings and civil partnerships in England and Wales
Following temporary legislation introduced in July 2021, which allowed outdoor civil wedding and partnership ceremonies in England and Wales for the first time, in December 2021 the Ministry of Justice announced a consultation on the scheme. As a result of this consultation, on 15th March 2022 they confirmed the legislation to allow outdoor weddings would become permanent, rather than ending as planned on 5th April 2022.
The new measures will provide greater flexibility and choice to couples and the weddings sector and could also extend to allowing religious weddings to take place outdoors at places of worship for the first time for most faiths, such as in the grounds of a church or chapel.
Impact of religious weddings
For weddings during medieval times, it was common for ceremonies to take place outside the front of the church. This is why many churches from that period have a projecting porch.
Around 55,000 weddings a year would be affected by this change – in 2017, 96% of these were Christian ceremonies. No religious group would be obliged to provide outdoor ceremonies, and existing protections to safeguard religious freedoms would remain in place.
93% supported extending the outdoor ceremony laws to religious weddings during the government consultation. The consultation also found every major faith group supported the move so have committed to looking at this in "due course".
Impact on civil weddings and partnerships
Prior to last summer’s legislation, civil ceremonies at an approved premise such as a hotel had to take place indoors or otherwise within a permanent structure, such as a bandstand. The legislation would allow couples to have the whole ceremony outside in the grounds of such a venue.
Details of the proposals:
- The new legislation for civil ceremonies will also be introduced via amendments to the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 to allow legal outdoor civil weddings and civil partnership registrations to take place within the grounds of Approved Premises.
- Since the proposal relating to approved premises is subject to this consultation and ordinary SI procedures, the Government cannot guarantee that a further SI would be in force by 6 April 2022. However, the Government will make every effort to provide a seamless transition from the current rules to the replacement rules.
- We intend that the proposed changes regarding religious ceremonies would be made through a legislative reform order under the Legislative and Regulatory Reform Act 2006.
- All churches, chapels and Places of Worship in which the Church of England or Church in Wales where weddings can currently be held under the Marriage Act 1949, would be deemed automatically able to include the outdoor areas within the property boundary. It would be a matter for the religious bodies to determine whether such weddings should be held and if so, at which locations and in what circumstances.
- In 2017, 54,346 weddings were celebrated according to religious rites. 74% were Anglican weddings, 11% were Roman Catholic weddings, and a further 11% were celebrated by other Christian denominations. Only 4% were conducted according to non-Christian religious rites.
- In order to hold legal outdoor civil weddings and civil partnership registrations, a venue would have to be approved or must become approved under the Marriages and Civil Partnerships (Approved Premises) Regulations 2005, as amended.
- Previously, premises which sought approval must have comprised a permanent built structure (or permanently moored vessel) with at least one room which was to be approved for civil weddings and civil partnership registration. Under the amended regulations laid in summer, such premises, if approved, could also use any outdoor areas linked to the same venue to hold these ceremonies without having to re-apply for approval, subject to certain conditions. The consultation proposes continuing this policy.
- It is proposed that civil ceremonies would continue to be able to take place fully outdoors or under a partially covered structure if this has at least a 50% open area. Requirements for public access and signage must also be met.
2. The Law Commission Marriage Reform review
A Law Commission review will separately present their recommendations for further marriage reforms to the Government in July 2022.
The main points being considered:
- How ceremonies could take place in a broader range of locations;
- Who can solemnise a marriage;
- How marriage by non-religious belief organisations could be incorporated; and
- How provision could be made for the use of independent celebrants.
The timeline so far:
- Publication of a scoping paper in 2015 and industry consultations.
- Initial proposals published in September 2020 for 3 months of public consultation.
- In addition to a feedback questionnaire, a series of online meetings allowed discussions with various parties including celebrants and venues.
- The consultation period was extended by a month due to Covid lockdowns, and ended in January 2021.
The consultation period gives an opportunity to check if the proposals seem appropriate and to allow for points to be raised that the Law Commission hadn’t considered. The number of businesses supporting a particular option isn’t relevant.
- The final report, along with an impact assessment, will be delivered to the Government and published online in July 2022.
Agreed protocols would require an interim response from the responsible ministers within 6 months of the July 2022 publication date, and a final response within 12 months. It will require legislation and acts of Parliament to bring the proposed changes into effect.
As the pandemic hit before the initial proposals were published, the Law Commission were able to look at how the law could be more resilient to such situations in the future, to give enough flexibility so that weddings can take place when, for example, large numbers are unable to gather.
They added proposals for an emergency scheme that could be brought into force if needed.