On 18 July 2022, the Law Commission—the body which researches and recommends improvements to UK law—published its report on the reform of marriage laws in England and Wales. “Marriage laws” in this context does not mean the law relating to the implications of marriage, or the consequences of marriage breakdowns, but to marriages themselves, i.e. the hoops which individuals must jump through in order to celebrate a legally-recognised marriage.

The recommendations for reform are very welcome. Marriage laws in England currently retain the structure developed in the 18th and 19th centuries. Complexity and inconsistency abound, and many feel the current rules are unduly restrictive. For example, until the coronavirus pandemic in 2021, marriages in England and Wales could not take place outdoors. In light of an urgent update in 2021 to allow weddings to happen safely, weddings can now take place in outdoor areas of buildings registered as wedding venues, but not in other outdoor locations. Of greater concern is that the routes to marriage differ for different religious groups, and for some groups are at odds with their traditions or practices.

The deficiencies of the current law can have serious consequences: research (and our own experience as family lawyers) shows that a significant population of couples are unaware that their celebration does not meet the requirements of a valid marriage until the breakdown of the relationship or the death of one of the partners. Some ceremonies fall so far short of the requirements for a valid marriage that no legal financial remedies are available, no matter whether or not the failure to comply was intentional, or how long the couple may have lived together in the belief that they have been validly married. (Unmarried couples who live together have no legal claims against each other in English law by virtue of their relationship, contrary to the pervasive myth of the “common law marriage”.)

Add to that the couples who have to abandon the wedding ceremony they would desire (such as an inter-faith ceremony, or a ceremony in a location important to them such as their home) or celebrate it as an additional ceremony—at significant additional effort and cost—and the need for reform is clear.

The Law Commission’s recommendations would create a new marriage regime, with a focus on the officiant registered to administer the ceremony, rather than the building in which the marriage takes place. If the proposed reforms are adopted, they will increase the diversity of ceremonies which can be celebrated, allowing couples to tailor their ceremonies to reflect what is important to them. Whilst the report does not, in itself, focus on the test for mental capacity to marry, or spotting forced marriages or sham marriages, the Law Commission’s recommended process for registering to marry—to include online registration and a face-to-face interview—is intended to give ample opportunity for the authorities to identify any causes for concern.

Finally, it is hoped that publicity around reforms to the process of getting married will raise awareness that important legal consequences flow from marriage. In particular, couples may choose to take legal advice prior to marriage, and consider the possibility of entering pre-nuptial agreements to record their unique expectations and intentions. As alluded to above, perhaps some of the focus on the unfortunate effects of unsuccessful attempts to get married will also help to dispel the myth of the “common law marriage”.

In the meantime, anyone with concerns about the legal validity of their marriage should seek advice from a specialist family law practitioner.