Marriage in England and Wales

In July 2022, the Commission released its final report finding these laws confusing and outdated, and calling for a complete revision.

The Commission noted, "the recommendations represent a comprehensive overhaul to current weddings law, the key parts of which date back to 1836 or even earlier.

However, the Church in Wales has the power to require the Lord Chancellor to change the law to permit them to do so[9] and has approved a liturgy for their blessing.

This is a major change in the divorce/dissolution procedure from the grounds that were required to be proven under previous Matrimonial Causes Act 1973 legislation, which could be acrimonious as one party had to prove that the marriage had irretrievably broken down.

The other key change in this procedure is that there is no ability for one party to contest or defend a divorce or dissolution application, apart from couple of very limited grounds.

Spouses are considered to have a duty of care towards each other, and certain social security benefits are calculated differently from those for single people.

From 1 February 2005, visitors who wish to be married in the UK that are a citizen of a country that is not a member of the European Economic Area (EEA), must apply for a visa before they travel.

[16] If one of the people wanting to marry is subject to immigration control, notice of marriage can only be done at a designated register office, which both parties must attend together.

[citation needed] Handfasting was legally binding: as soon as the couple made their vows to each other they were validly married.

English legal authorities held that, even if not followed by intercourse, handfasting was as binding as any vow taken in church before a priest.

[17] Gifts were often exchanged, especially rings:[18][19] a gold coin broken in half between the couple was also common.

Other tokens recorded include gloves, a crimson ribbon tied in a knot, and even a silver toothpick.

[17] It was frequently in the home of the bride, but according to records handfastings also took place in taverns, in an orchard and even on horseback.

Ecclesiastical law recognised two forms of handfasting, sponsalia per verba de praesenti ("espousal by word given at the present time") and sponsalia per verba de futuro ("espousal by word at a future time").

[17] Complaints by preachers suggest that they often did not wait,[17] but at least until the early 1600s the common attitude to this kind of anticipatory behaviour seems to have been lenient.

[21] Handfasting remained an acceptable way of marrying in England throughout the Middle Ages but declined in the early modern period.

[22] In some circumstances handfasting was open to abuse, with persons who had undergone "troth-plight" occasionally refusing to proceed to a church wedding, creating ambiguity about their former betrothed's marital status.

[26] Any other form of marriage was abolished; children born into unions which were not valid under the Act would not automatically inherit the property or titles of their parents.

This section amended the law so that a marriage contracted by persons either of whom was under the age of sixteen years was void.

The act also creates provisions to make it an offence to cause a person under 18 to enter into a religious or civil ceremony, even if not legally binding (such as forced arranged marriages).

3. c. 11), which made it illegal for any member of the British royal family (defined as all descendants of King George II, excluding descendants of princesses who marry into "foreign families") under the age of 25 to marry without the consent of the ruling monarch.

But if permission is refused then they may still marry and the only consequence is that the person and their descendants of the marriage are disqualified from succeeding to the Crown.

[37] In 2005, the Queen consented formally to the wedding of Charles, Prince of Wales and Camilla Parker Bowles.

6. c. 76), which had different wording, and that the British Government was satisfied that it was lawful for the couple to marry by a civil ceremony in accordance with part III of the 1949 act, and the Registrar General, Len Cook determined that a civil marriage would in fact be valid.

Lining up for a traditional wedding photograph
An idealised medieval wedding imagined by Edmund Leighton ( Call to Arms 1888)
Caricature of a clandestine Fleet Marriage, taking place in England before the Marriage Act 1753
William Hogarth 's A Rake's Progress depicting a wedding in the 18th century
Church wedding at Oswestry , England, in January 1954
A same-sex marriage in Islington , London on 29 March 2014, the first day they were permitted in England and Wales.