Outdated wedding laws need to change

two women in wedding dresses in the woods with a celebrant


In an article earlier this year there was discussion and praise aimed towards the Government's plans to allow outdoor weddings to be made permanent. The article also highlighted the eagerly awaited Law Commission report into marriage laws, which was due to be published in July.

Now it has been published and we have had some time for the dust to settle, Kate Van Rol, Barrister at 4PB has looked into these recommendations, "Are wedding laws at present 'confusing, outdated and restrictive' as the Commission suggest, or would the implementation of their suggestions trivialise weddings and commercialise the ceremony?". Kate continues... 

It seems that whilst these concerns may be considered valid to some, the positives certainly outweigh the negatives when it comes to changing marriage laws. The Commission recommends a new system focussing on a marriage officiant responsible for the ceremony, rather than the building. As expected, this would permit more outdoor venues for ceremonies – but the reach is further than we had anticipated, including possible venues such as gardens, beaches, forests, parks and cruise ships. This means that soon-to-be-weds will be able to get their creative juices flowing even further when planning the ceremony of their dreams. They will be able to wed at a venue which holds more meaning to them as a couple.

couple signing the register

There are many positives to this, based around five principles for reform:
1. Certainty and simplicity;
2. Fairness and equality;
3. Protecting the state's interest;
4. Respecting individuals' wishes and beliefs; and
5. Removing any unnecessary regulation, so as to increase the choice and lower the cost of wedding venues for couples.

The key parts of our current wedding laws date back to 1836, and the Commission suggests that it is time to overhaul and modernise these laws. This would also place English laws in line with other countries including Scotland, Northern Ireland, Jersey, New Zealand, Australia and Canada.

But what about the concerns that weddings will be trivialised? Well, the Commission suggest that there would still be enough safeguards in place to preserve the dignity of weddings and the longstanding practices and rules of religious groups, as we know them. There are still certain processes that marrying couples must follow in order for their ceremony to be legally valid and all marriages need to be entered in the marriage register, which must be signed by both parties, two witnesses and any individual conducting the ceremony. It's vital that the ceremony be conducted by an individual (or in the presence of an individual) who is authorised to register marriages in the district. It's important to note that if that person isn't authorised to register marriages, the person who is registering the marriage must sign instead.

two grooms blue suit embracing

Additionally, the Commission believes that the reforms would enhance protections against forced and predatory marriages while maintaining existing protections against sham marriages.

The new laws would also allow for a religious ceremony led by an interfaith minister, meaning the ceremony could contain aspects of both parties' beliefs, should they differ. This, in fact, strengthens the importance that a wedding ceremony can have, and allows a greater respect to the individuals involved.

For all couples considering marriage, more choice in how and where to hold their ceremony is certainly a big positive. While many may hurry into holding their wedding ceremonies (particularly after two years of weddings being postponed during the pandemic), it is still important to consider that marriage comes with legally binding financial consequences and expectations. Marriage should absolutely be a positive step in many couples' lives, but it's also a decision that should be taken seriously and not rushed into with haste.

If you are interested in this report, you can view it in full here: https://www.lawcom.gov.uk/project/weddings/

You may also be interested in

Guests Spend £348 On Average to Attend A Wedding, Says Expert

Guests Spend £348 On Average to Attend A Wedding, Says Expert

Wedding guests across the UK are spending hundreds of pounds just to attend a single wedding, with new research revealing the growing financial strain placed on friends and family. Research* commissioned by The Insurance Emporium, conducted by Censuswide, has revealed among people who have attended a wedding in the last five years shows that guests spend £348 on average to attend a wedding - with costs rising even higher in major cities. The wedding insurance specialist's findings reveal that 72% of guests now say attending weddings has become a financial burden, while 38.2% admit they have felt pressured to overspend in order to attend.

READ ARTICLE

Divided down the aisle: The UK’s feelings on the most controversial wedding choices uncovered

Divided down the aisle: The UK’s feelings on the most controversial wedding choices uncovered

Weddings bring with them lots of excitement, joy and happiness, but couples also often face the added challenge of trying to balance their personal wishes and preferences with the opinions of their guests. From who qualifies for a plus one to how much to spend on an engagement ring, new research conducted by Pandora UK has uncovered the nation's true feelings about the most divisive wedding decisions¹. Pandora has also enlisted wedding expert and events director at The Post Barn, Daisy Bradley to share advice on the best ways to handle tricky decisions with guests.

READ ARTICLE

The “2 dinners a week” rule that could transform your love life, according to expert

The “2 dinners a week” rule that could transform your love life, according to expert

Google searches for 'emotional connection' are up 78% over the past month, while searches for 'relationship advice' are up 54%, showing that many are struggling and searching for ways to strengthen their bond with their significant other. Interiors brand Oak&More have spoken exclusively with award-winning sex and relationship expert Gemma Nice to find out why eating at the table a couple of nights a week can strengthen, or maybe save, your relationship.

READ ARTICLE

Follow Your Yorkshire Wedding Magazine on Facebook

VISIT SITE

Submit your wedding to be featured in Your Yorkshire Wedding Magazine

VISIT SITE

Blackwell Grange Hotel

VISIT SITE

Lister Horsfall

VISIT SITE