The as then Conservative MP, Gyles Brandreth introduced a private members bill, which later became the Marriage Act 1994. This Act amended the previous 1949 Act to allow marriages to be solemnised in certain “approved premises”, such as hotels, stately homes and historic houses. Prior to the amendment, marriage ceremonies could only take place in a register office and churches, including Roman Catholic, Baptist churches, a Hindu Temple or Mosque.
This Act, now nearing its 28th year is set to be further amended following recommendations by the Law Commission, who have finished a two-year review. The Law Commission have proposed an overhaul of the law under new reforms. They have been asked to review the law on weddings after concerns that they were no longer working for many modern couples. It was commented that under the current law, “the rules and regulations governing weddings are confusing, out-of-date and restrictive.” The Law Commission has recommended that a new system should focus on the marriage officiant responsible for the ceremony, rather than on where the wedding would take place.
If this change is implemented, it will open up a wide range of locations for couples to get married, meaning that couples would be able to get married at venues that are meaningful to them. The venues would include gardens, beaches, forests, parks, village halls and cruise ships.
The recommendations of the Law Commission would also ensure a fairer treatment for all beliefs as it would remove the current system where different religions are bound by many different rules. This would also include creating a path for the legalisation of non-religious belief ceremonies, such as Humanist weddings, if permitted by the Government. It would also allow for the option for civil weddings to be conducted by independent officiants, as well as registrars. More personalised content will also be allowed such as the vows, rituals and songs chosen.
The Law Commission’s recommendations would be an overhaul of the current wedding laws, the key parts of which date back to 1836 and some even earlier. A majority of the proposed changes under the reform would bring England and Wales in line with laws in other places such as Scotland, Northern Ireland, the Republic of Ireland and Jersey.
The Law Commission published their final report on 19th July 2022. The report is under review with the Government for their consideration and response to the proposed reforms. If the recommendations are accepted by the Government, it will be necessary for a bill to be drafted to give effect to the recommendations.
The Family Team at Martyn Prowel are here for you to talk about any aspect of family law including pre-nuptial agreements. If you would like an appointment with one of our specialist solicitors, please call our team today on 02920470909 or email us on [email protected].