Time for Change: Reforming Outdated UK Marriage Laws
The Law Commission has recently published a detailed report outlining their recommendations for reforming the UK's marriage laws, which have remained largely unchanged for over 175 years. As a wedding celebrant conducting modern ceremonies, I believe there is a clear need to update these antiquated laws to better suit today's society. In this blog, I'll be summarising the key points from the Law Commission's report and highlighting their proposed reforms regarding celebrants' legal ability to conduct marriages.
Background on the Law Commission's Review
The Law Commission is the statutory independent body created to keep the law of England and Wales under review and recommend reform where needed. In 2015, the Commission announced its intention to conduct a full review of the laws governing how and where couples can marry in England and Wales.
This comprehensive review took over 3 years, involving extensive research and public consultation. The final report, published in December 2020, put forward several recommendations to bring marriage laws up to date. Let's look at some of the key issues they identified and the proposed changes.
Outdated Requirements for Venues
Current marriage laws in England and Wales are very prescriptive about where couples can legally marry. The main options are in a registered office, approved premises like hotels, or a place of worship. To be approved, venues must meet certain requirements on fire exits, layout, and privacy.
The Law Commission found that these outdated venue requirements are too restrictive for many modern couples. Their recommended reforms would increase choice by allowing outdoor weddings and removing unnecessary regulations on-premises. This would give couples more freedom to marry in a venue meaningful to them.
Inflexible Rules for Ceremonies
Another area identified as needing reform is the rules around wedding ceremonies. At present, the wording is very restrictive with faith-based references that don't suit all beliefs. The report recommends more inclusive, simplified options for ceremony wording.
There would also be more flexibility around music, readings, and the order of proceedings. This will allow personalised ceremonies tailored to the couple's wishes.
Celebrants' Legal Ability to Conduct Marriages
One of the most significant elements of the reforms relates to who can legally conduct marriage ceremonies. Currently, only certain groups like registrars and religious figures can solemnise marriages. The Commission recommends extending this legal ability to professional celebrants.
The report argues that trained celebrants can provide a more personalised, meaningful ceremony for couples. Celebrants would have to meet certain qualification criteria but then could conduct all aspects of the marriage. This change would also increase choice and availability for couples organising their wedding.
Consent and Administrative Processes
Other recommended areas for updates include modernising the consent process and paperwork. Allowing electronic signatures and marriages by proxy would provide more options and flexibility. Streamlining the bureaucracy around legal preliminaries, notices, and registration could also make the administrative side simpler for couples.
Benefits of the Proposed Reforms
The Law Commission presents a convincing case that reforming marriage laws would have several benefits:
Increased choice and flexibility for couples on venues, ceremonies, and celebrants
More inclusive and personalised ceremonies to suit modern beliefs and wishes
Less outdated regulation and bureaucracy around marriage legalities
Celebrants recognised for their professional role in conducting ceremonies
Marriage is better supported as an evolving institution that can adapt to societal changes
Overall, the proposed reforms aim to make marriage more accessible, meaningful and relevant to the needs of contemporary British society.
A Step Towards Marriage Equality
An additional aim of the reforms is to improve equality around marriage. Same-sex marriage became legal in 2014, but some procedures are still more difficult for same-sex couples. Updating the law would help address these imbalances.
Extending the legal right to conduct marriages to celebrants could particularly support equality. Celebrants often specialise in personalised LGBTQ+ ceremonies tailored to the couple's wishes.
Next Steps for Reforming Marriage Laws
The Law Commission report contains detailed recommendations for legislative changes across all the areas highlighted above. The reforms would require changes to primary legislation and amendments to existing regulations.
The Government will now consider the Law Commission's proposals and draft a Marriage Bill if the reforms are approved. There is substantial public and industry support for updating marriage laws, so hopefully, positive progress will be made towards these changes soon.
I fully support the proposed reforms which would allow me as a celebrant to provide inclusive, personalised ceremonies legally recognised as marriage. I urge the Government to act on the Commission's recommendations to make British marriage laws fit for the 21st century.
Conclusion
Marriage is an important legally binding commitment for couples which should be entered freely and on their own terms. The Law Commission's review demonstrates that current marriage legislation is outdated and restrictive, negatively impacting many couples.
Implementing their recommended reforms would allow more inclusive, personalised marriages and increased choice around venues and ceremonies. Extending legal marriage roles to trained celebrants is a key improvement, recognising our expertise in creating meaningful ceremonies. Updating these laws is overdue and would benefit society by supporting marriage as an adaptable, egalitarian institution.
I will be keenly following the Government's response to determine if these much-needed changes to UK marriage laws will finally take place.
Please show your support by clicking on the icon badges at the bottom of my website in my footer, there you will see links to both the GCC (Give Couples Choice) movement and the Wedding Law Reform where you can read further information. Thank you.