Prospective brides and grooms may well remember seeing news stories in recent years about possible changes to the wedding laws of England and Wales. Talk of reducing red tape and opening up more budget-friendly venue options was welcome news for many, especially with the cost of living rapidly increasing.
But what has happened since then? Has anything actually changed? Here, Sophie Easton from the Association of Independent Celebrants (AOIC) gives us the latest and outlines 5 things you need to know about wedding law reform.
1. The Law Reform wheels are turning
The good news is, things are moving slowly in the right direction. The Law Commission of England and Wales has conducted a thorough review of our wedding laws, and in July 2022 it published its final recommendations for the government.
This review was first commissioned by the government because, much of our wedding law dates back to 1836, with many piecemeal changes having been made along the way. The result is a convoluted law heavily steeped in religious tradition, which is not well suited to 21st Century couples! The government therefore asked the Law Commission to look at the “red tape and outdated rules around weddings – making sure our laws are fit for modern life.”
Some smaller changes have been made to wedding law recently, entirely separate to the Law Commission review. These include opening up some outdoor venues for legally binding ceremonies. However, this only applies to venues that already hold a marriage licence for their indoor areas, so it certainly doesn't address the wider problem.
2. The Law Commission has proposed a simpler, fairer system
The Law Commission has produced a comprehensive set of proposals regarding how the wedding laws of England & Wales could be completely reformed. They recommend moving to an officiant-based system, whereby the officiant (e.g. celebrant, registrar, minister) would be licensed rather than the venue. This is similar to the system in the Channel Islands, Australia, the US and Canada.
This would open up a much wider variety of venues for couples, e.g. private gardens, beaches, parks and woodlands. It would give couples more freedom over the content of their ceremonies, and could also allow them to choose a celebrant to conduct their ceremony without having to go through the legal marriage process separately (see point 4 below).
The Law Commission has also proposed a simpler process for couples giving notice and registering their marriage, with the same legal process applying to the majority of couples, regardless of who they choose to conduct their ceremony.
3. Wedding law reform is still not a certainty
Unfortunately, this reform is not yet a done deal. We are currently awaiting the Government's interim response to the Law Commission's proposals, and we hope they will agree to take them forward.
If they do agree, a bill will need to be drafted for a new weddings law, and this will need to be taken through the standard parliamentary procedures (first reading, second reading, House of Lords, etc). So, we are potentially looking at a fairly long road ahead. But hopefully, the more demand MPs hear for this change, the faster they will make it happen!
4. Even if the law changes, this may not apply to celebrant weddings
The prospect of independent celebrants and/or humanist celebrants being authorised to conduct legally binding weddings has been presented as an additional option for the Government to consider. So even if they agree to move to the proposed officiant-based system, the categories of registered officiants may still not extend to celebrants.
We know that a huge number of couples now choose to hold celebrant-led weddings, even though they have to go through the legal process separately. This is because no other type of officiant offers the same level of personalisation and choice that a celebrant does.
Humanists UK has long been campaigning for humanist couples to have the right to a legal marriage ceremony that reflects their humanist beliefs (as they now can in Scotland and Northern Ireland). Similarly, the AOIC is campaigning for independent celebrants to have this same right - because in modern society the majority of couples do not identify with one set religion or belief system. Our beliefs and outlooks are beautifully diverse - so independent celebrants ensure that their ceremonies reflect the beliefs, values and personalities of the couple, not of the officiant.
5. You can help to reform our wedding laws!
The more MPs hear about the demand that exists for change, the more likely it is that they will act. So we would strongly encourage couples who want to see change to get in touch with their local MPs. Explain to them why this matters and how these changes could affect your wedding day.
Are you currently being prevented from having a truly meaningful marriage ceremony because of your beliefs, choice of venue, or anything else? Are you having to hold two separate ceremonies because the current law doesn't accommodate you? If so, tell your MP why this reform matters!
The AOIC has advice and guidance available on its website for those who wish to get involved. See our wedding law reform articles for more details.
So there's the top 5 things you need to know about wedding law reform. We really hope you will get involved to help us drive this forward. Together, we can make change happen!
