Wedding law reform proposals explained
You may have picked up on the general feeling that marriage laws need updating to better reflect the diverse needs and preferences of today’s couples. Let’s take a closer look…
At the moment, what does it mean to be legally married?
Currently, the marriage laws require that for a couple to be legally married, they need to give at least 28 days’ notice via a registrar; have a legal ceremony with an authorised registrar in an approved venue; and have two witnesses present.
A 2+2 marriage ceremony at a register office is the simplest and cheapest option, involving just the couple and two witnesses along with the registrar. This leaves the couple freedom to shape the subsequent (or preceding) celebrant-led wedding ceremony as they wish.
What’s the problem?
In England and Wales, celebrants may carry out a wedding ceremony but not the legal marriage part. This is why a separate brief ceremony is needed with a registrar or religious minister at an approved venue in order to be legally married. In Scotland and Northern Ireland, Humanist celebrants may carry out a legal marriage ceremony but independent celebrants may not.
There is a documented decline in traditional marriages since the 1970s. Meanwhile, the number of civil ceremonies has increased and people are waiting until they are older before getting married. This shows that what people tend to want has changed over the last half century. The law has already changed to be more inclusive in response to public demand, with same-sex civil partnerships being legally recognised in 2004, expanding to opposite-sex couples in 2019 and same-sex marriages being legally binding since 2013. So, it is not beyond our wildest dreams to request further progression.
The government has conducted initial consultations and found that a majority would like to see the law reformed to see no restrictions on where legal marriage ceremonies are allowed to take place, both indoors and outdoors.
What would it be like if the law was reformed?
In October 2024, the House of Lords debated the possibility of extending legal recognition to Humanist weddings UK-wide, with potential further extension to Independent Celebrants. The government is considering the issue holistically alongside other marriage-related matters during 2026. This highlights their awareness of the need for modernisation but means that the process will not be a quick one.
The Law Commission is urging parliament to consider their suggested reforms, including the recommendation that celebrants be allowed to carry out legally binding ceremonies at any location. Thus, shifting the legal focus from the place to the person.
This would give couples the choice to get legally married in places significant to them rather than only in a registered location. If they wanted a meaningful and personalised celebrant-led wedding ceremony, then the celebrant would also be able to carry out the marriage legalities. So, the couple would not need to go through the completely separate legal formality at a registry office in addition to their main wedding ceremony with the celebrant and all their guests. Instead, it could all be done at the same place of their choosing, with as many guests as they want, all being able to witness them being married. In other words, the marriage ceremony and the wedding ceremony would be one and the same.
If the government agrees that amendments need to be made, it would then be up to them to set a timeline for implementation.
It may be a while yet but there is a definite appetite for change, and, as an independent celebrant, I support this call for more flexible and inclusive marriage laws.