Cameron Miranda
In the UK, certain blood relatives, step relatives, and relatives-in-law are prohibited from marrying or registering as civil partners. A man, for instance, cannot marry his mother, daughter, sister, or sister-in-law, while a woman cannot marry her father, son, brother, or brother-in-law. Marriages between in-laws, for instance, a man marrying his deceased wife's sister, were not permitted until the law changed in 1907. In the UK, step-relatives and relatives-in-law may marry only in certain circumstances, such as both parties being over the age of 21. So, can you marry your brother-in-law in the UK?
| Characteristics | Values |
|---|---|
| Can you marry your brother-in-law in the UK? | No, it is illegal. |
| What about if your brother-in-law is a widower? | Still illegal, but was allowed in 1921 due to many men dying in the First World War. |
| Can you marry your deceased spouse's sibling? | Yes, there is no legal restriction. |
| Can you marry your step-sibling? | Yes, provided both are 21 or older, and the younger one was never treated as a child of the older one's family. |
| Can you marry your adoptive sibling? | Yes. |
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What You'll Learn
Marriage laws in the UK
Age Requirements:
The legal minimum age to enter into a marriage in England and Wales is 18 years, as of February 27, 2023. This change was brought about by the Marriage and Civil Partnership (Minimum Age) Act, which aimed to prevent child marriages and protect young people from coercion. Previously, the minimum age for marriage was 16 with parental consent. In Scotland, the minimum age for marriage is 16, with or without parental consent. Meanwhile, in Northern Ireland, individuals aged 16 can marry with parental consent, and those without consent can marry at 18.
Same-Sex Marriage:
Same-sex marriage is legally recognised in England, Wales, Scotland, and Northern Ireland. The Marriage (Same Sex Couples) Act, introduced in March 2014, allows same-sex couples to marry in both civil and religious ceremonies. However, it is important to note that the Church of England and the Church in Wales are legally barred from performing same-sex marriages unless their canon law changes in the future.
Residency Requirements:
There are residency requirements for marriage in the UK. To marry in England and Wales, you must provide notice of your intention to marry at your local register office at least 28 days in advance. You must have resided in the registration district for at least seven days to give notice. Similar requirements apply in Scotland and Northern Ireland. If you are a foreign national, additional residency conditions may apply before you can marry in the UK.
Prohibited Degrees of Relationship:
Certain relationships are prohibited from marriage in the UK. Marriages between siblings, parents and children, grandparents and grandchildren, or other close blood relatives are not allowed. Adopted children cannot marry their adoptive parents but can marry other members of their adoptive family. Step-relations and in-laws may marry under certain circumstances, provided they are 21 or older and have not lived together before the younger person turned 18.
Wedding Ceremony Requirements:
Wedding ceremonies can be conducted by authorised celebrants, including ministers of religion, or by authorised registrars. Civil marriages cannot take place in religious venues but can be held in other licensed locations. For a marriage to be legally binding, it must be witnessed by at least two other competent individuals who sign the marriage register along with the couple and the celebrant.
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Marriage laws in Northern Ireland
In Northern Ireland, any two people can marry as long as they meet the following requirements:
- Both parties must be at least 16 years old on the day of their marriage. Anyone under 18 will need permission from their parent or guardian or, if suitable, a court order to allow the marriage to go ahead.
- The marriage must not be between two people who are related within prohibited degrees. Certain blood relatives may not legally marry each other. This includes marriages between siblings, a parent and child, grandparent and grandchild, a parent's sibling, or a sibling's child. Adopted children may not marry their adoptive parents but are allowed to marry the rest of their adoptive family, including their adoptive siblings. Step-relations or in-laws may marry only in certain circumstances, and both parties must be 21 years or older.
- Both parties must be unmarried or not in a civil partnership. Any previous marriage or civil partnership must have been ended by divorce, death, annulment, or dissolution.
- Both parties must be capable of understanding the nature of a marriage ceremony and agreeing to the marriage.
Couples marrying in Northern Ireland have a choice of either a religious or civil ceremony. The initial arrangements are the same for both types of marriage. If you are having a religious ceremony, contact the officiant taking the service before completing the Marriage Notice form. If you are planning to have a civil ceremony, you should make advance arrangements with the registrar.
If you are visiting Northern Ireland from outside the UK to marry or register a civil partnership, you must have the right visa before you travel. You will also need this before you give notice to the District Registrar. You may need to present an immigration status statement. The minimum period of notice is 28 days.
Upon the death of one's spouse, bequests to the other spouse do not incur inheritance tax. Intestate property by default will go to the spouse, and there is also partial inheritance of pensions. Non-British spouses of British citizens may obtain residence permits. Spouses are considered to have a duty of care toward each other, and certain social security benefits are calculated differently from those for single people.
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Marriage laws in Scotland
Marriage laws in the UK vary between England, Wales, Scotland, and Northern Ireland. In Scotland, there are no residence requirements for marriage, meaning citizens from any country can marry in any district, as long as there is no legal impediment to the marriage.
If you are from outside the UK, you will need to obtain a certificate from your country confirming that there is no reason you cannot marry. This must be given to the registrar at least 29 days before the wedding, along with the marriage notice form, and any other relevant documents. If the certificate is not in English, you will need to provide a certified translation.
In Scotland, you can get married from the age of 16, with or without parental consent. If you are 16 or 17 and live in England or Wales, you can get married in Scotland, but the marriage will not be legally recognised in England or Wales.
Prenuptial agreements are generally thought to be legally enforceable by the Scottish courts, although they must be carefully drawn up.
There are strict rules about who you can marry in Scotland. Certain blood relatives may not legally marry each other. This includes marriages between siblings, and between a parent and child. You also cannot marry your grandparent, grandchild, your parent's sibling, or your sibling's child. Adopted children may not marry their adoptive parents but can marry the rest of their adoptive family. Step-relations and in-laws may marry only in certain circumstances, and both must be 21 or older. The younger person must never have lived under the same roof as the older person before the age of 18, and must not have been treated as a child of the older person's family.
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Marriage laws in England and Wales
The legal minimum age to marry in England and Wales is 18 years old, as of 27 February 2023. Previously, the minimum age was 16 with parental consent. Certain relatives are prohibited from marrying, including siblings, parents and children, grandparents and grandchildren, aunts and nephews, uncles and nieces, and so on. Adopted children may not marry their adoptive parents but can marry other members of their adoptive family, including adoptive siblings. Step-relations and in-laws may marry in certain circumstances, provided they are over 21 years old and have not lived together under the same roof before the younger person turned 18.
Same-sex marriage was introduced in England and Wales in March 2014, and couples can convert civil partnerships into marriages. Transgender spouses can remain married after changing their legal gender. For foreign nationals, there are residency conditions that must be met before marriage.
To marry in England and Wales, you must give notice of at least 28 days at your local register office. If you live in England and Wales but wish to marry in Scotland, you can give notice to the superintendent registrar in your district.
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Marriage laws for foreigners in the UK
If you live outside the UK and plan to have your marriage ceremony in the UK, you will be subject to the marriage laws of your home country. It is recommended that you obtain a document from your country confirming that there are no legal impediments to the marriage. If you are already married in a way that is not recognised as valid in the UK, you can have another marriage ceremony in the UK, provided you meet the requirements.
If you are a foreigner wishing to marry in the UK, you will need to give notice of your intention to marry or register a civil partnership. You will need to apply for a visa to come to the UK to give notice, unless you are already in the UK on a visa that lasts longer than six months. If you are already in the UK, you will need settled status or to apply to the Home Office for a certificate of approval. You will need to provide documentary evidence of your name, age, nationality, and address. If you have been married before, you will need to produce documents confirming that you are free to marry.
In the UK, you can get married if you are single, widowed, divorced, or if you were in a civil partnership that has been dissolved. You must be aged 18 or over, although in Northern Ireland, you can get married from the age of 16 with parental consent. There is no gender requirement for marriage, and transgender spouses can remain married after changing their gender. Certain blood relatives may not legally marry, including siblings, parents and children, grandparents and grandchildren, parent's siblings, and sibling's children. Adopted children may not marry their adoptive parents but can marry the rest of their adoptive family. Step relations and in-laws may marry in certain circumstances, provided they are 21 or older and have not lived together under the same roof before the younger person turned 18.
If you are a foreign national marrying a UK resident, the type of visa you will need will depend on where you intend to live after the marriage. If you are marrying outside of England and Wales, you will need to follow the procedure of the law in that country.
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Frequently asked questions
In the UK, certain blood relatives may not legally marry each other. This includes marriages between siblings and between a parent and child. You also cannot marry your grandparent, grandchild, your parent's sibling, or your sibling's child. However, there is no legal restriction on the marriage of first cousins. Therefore, it is safe to assume that you cannot marry your brother-in-law, as they are closely related to you by marriage.
A brother-in-law is the brother of your spouse or the spouse of your sibling.
Marriage is a legally binding contract that affects you, your partner, and, to a certain extent, your children. There are rules and regulations about who you can and cannot marry, and in what circumstances.
To be legally valid in the UK, a marriage must meet specific requirements. Both parties must be single, widowed, divorced, or have had a civil annulment of a marriage. They must also have the mental capacity to understand the nature of marriage and not be related by blood or marriage to a degree that legally prohibits marriage.
Step-relations or in-laws may marry in certain circumstances. Provided they are 21 years or older, and the younger member of the couple did not live under the same roof as the older person before the age of 18, such marriages may take place during a civil ceremony under a license.
