Anaya Nolan
Marriage in the UK is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. Marriage laws in England and Wales have historically evolved separately from marriage laws in other jurisdictions in the UK. In 2013, Parliament passed the Marriage (Same Sex Couples) Act which introduced civil marriage for same-sex couples in England and Wales. The legal minimum age to enter into a marriage in England and Wales is 18 since 27 February 2023. Wedding ceremonies can either be conducted by authorised celebrants or by an authorised registrar. To be legally binding, they must take place with at least two other competent people present as witnesses.
| Characteristics | Values |
|---|---|
| Minimum age | 18 |
| Previous minimum age | 16 with parental permission |
| Residency requirements | Applicable for foreign nationals |
| Marriage types | Civil and religious |
| Civil marriage venues | Licensed venues |
| Religious marriage venues | Church of England, Catholic, Methodist, or any other Christian movement |
| Religious celebrant | Authorised |
| Civil celebrant | Authorised registrar |
| Witnesses | Minimum of two |
| Banns | Required 16 days before marriage in a church |
| Same-sex marriage | Allowed since 2014 |
| Conversion of civil partnership to marriage | Allowed |
| Divorce | Allowed after one year of marriage on the grounds of irretrievable breakdown |
| Religious divorce | Required for some religions in addition to civil divorce |
| Void marriages | Marriages between certain relatives, marriages before the minimum age, and bigamous marriages |
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What You'll Learn
Marriage types: civil and religious
Marriage in the UK is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. The marriage contract in law is intended to be for life, entered into voluntarily and made between two people to the exclusion of all others. It also bestows a number of rights and responsibilities on both parties.
In the UK, there are two types of marriages: civil and religious. Civil marriages are non-religious and can be held in register offices or local authority-approved premises. They are conducted by a registrar and must not include any religious elements, such as hymns or readings from religious texts. However, civil ceremonies may include readings, songs, or music that contain references to a god as long as they are in an "essentially non-religious context".
On the other hand, religious marriages are conducted by ordained clergymen or authorised ministers and take place in registered religious buildings. Different religious organisations have different rules regarding marriage, and some may require a separate civil ceremony to ensure that the union is legally recognised. For example, the Church of England and the Church in Wales do not require notice of the marriage to be given to the Register Office, while other religious marriages require 28 days' notice.
In terms of legal requirements, both types of marriages must be conducted in public and with at least two witnesses present. The parties to the marriage must also make formal declarations that comply with UK law to obtain a legally recognised marriage certificate. These legal requirements apply regardless of the form of the ceremony.
It is important to note that same-sex couples can enter into civil partnerships or marriages in the UK, and they have the right to choose between a civil or religious ceremony. However, some religious organisations are not legally required to marry same-sex couples and are protected from successful legal challenges if they choose not to do so.
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Marriage requirements: age, residency, freedom to marry
Marriage requirements in the UK are centred around age, residency, and freedom to marry.
Age
The legal age of marriage in England and Wales has recently risen to 18, with the Marriage and Civil Partnership (Minimum Age) Act 2022 coming into force in February 2023. This means that 16 and 17-year-olds are no longer permitted to marry or enter civil partnerships, even with parental consent. This change in legislation aims to protect vulnerable young people from forced marriages. Those found guilty of arranging child marriages can face up to seven years in prison.
Residency
There are residency requirements for those seeking to marry in the UK. For example, when applying for citizenship as the spouse of a British citizen, you must have been physically present in the UK for three years before the Home Office receives your application. Exemptions may apply if your partner works abroad for the UK government or a closely linked organisation.
Freedom to Marry
Everyone in the UK has the right to marry, regardless of their background. Same-sex marriage is legal under the Marriage (Same Sex Couples) Act 2013, which also allows civil partners to convert their partnership into marriage. Transgender people also have the right to marry, but to marry in their identified gender, they need a Gender Recognition Certificate.
Historically, there were restrictions on where non-conformists and Catholics could marry, but these were removed by the Marriage Act of 1836, which allowed marriages to take place in non-conformist and Catholic places of worship, as well as register offices.
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Marriage ceremonies: witnesses, declarations, venues
Marriage is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. It is a legally binding contract that is intended to be for life and made between two people to the exclusion of all others.
Marriage ceremonies in the UK must be conducted in public and with at least two witnesses present. Both parties to the marriage must make a number of formal declarations that comply with UK law, enabling a legally recognised marriage certificate to be issued. The witnesses must be over the age of 16, speak English and understand what is taking place. The marriage schedule, a one-page document that is needed to register the marriage, is signed by both partners and the witnesses.
The venue of the marriage must be decided before 'giving notice'. To give notice, a legal statement must be signed at the local register office, stating the intention to marry and including details of the final venue. The ceremony must then take place within 12 months of giving notice. The venue must be a permanent built structure, although there may be exceptions for permanently moored, publicly open boats. Hot air balloons and aeroplanes will not be approved. The marriage can only take place at the venue named on the notice of marriage.
A registrar must carry out, or be present at, the ceremony. A religious minister or other authorised persons may also attend and sign the marriage schedule. The ceremony may include readings, songs or music but must not include anything religious, such as hymns or readings from the Bible or Torah.
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Marriage exclusions: relatives, whole life orders
Marriage in the UK is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. The marriage contract in law is intended to be for life, entered into voluntarily and made between two people to the exclusion of all others.
In England and Wales, people serving a 'whole life order' cannot marry unless the Secretary of State allows them to. A whole-life order is a sentence of life imprisonment in England and Wales, lasting until the death of the prisoner. In exceptional cases, a judge may impose a whole-life order, meaning the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the home secretary. Whole-life orders are usually imposed for aggravated murder and can only be imposed if the offender was at least 21 years old at the time of the offence. The home secretary has the power to make whole-life orders to ensure that particularly dangerous or heinous criminals serve their life sentences without the possibility of parole.
Additionally, some relatives are not allowed to marry. For instance, until the middle of the 18th century, marriages could take place anywhere as long as they were conducted before an ordained clergyman of the Church of England. However, the 1753 Act required religious non-conformists and Catholics to be married in Anglican churches, though Jews and Quakers were exempted. This restriction was eventually removed by Parliament in the Marriage Act of 1836, which allowed non-conformists and Catholics to marry in their own places of worship.
Moreover, in the case of transgender individuals, those who have been granted a full gender recognition certificate by the Gender Recognition Panel can obtain a new birth certificate reflecting their acquired gender and can then marry someone of the same or opposite gender to their acquired gender. However, if a transgender person does not have a gender recognition certificate, they are legally considered the gender on their original birth certificate.
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Marriage dissolution: divorce, annulment, separation
In the UK, marriage is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. While marriage is intended to be for life, it is possible to legally end a marriage through divorce, annulment or separation.
Divorce
To obtain a divorce in the UK, a marriage must have lasted at least one year and there must be grounds for the irretrievable breakdown of the relationship. Evidence of one or more of the following five reasons must be provided:
- Adultery
- Unreasonable behaviour
- Desertion
- Two years of separation
- Five years of separation (no consent needed from the other party)
Annulment
An annulment is a way to legally end a marriage that was not valid. An annulment can be applied for at any stage of a marriage, but it must be proven that the marriage is either void or voidable. A marriage is void if it was not legally valid, and voidable if there was a problem with the marriage formalities or the capacity of one or both parties. Reasons for a marriage being voidable include:
- One partner was already married or in a civil partnership
- One partner was underage at the time of the marriage
- The marriage was not consummated
Separation
A legal separation allows couples to live apart without ending their marriage. It is a way to formally separate without getting a divorce or dissolution, and it is also known as a judicial separation. A legal separation allows couples to make formal decisions about their finances and living arrangements, but they are still married and cannot enter into another marriage or civil partnership. A legal separation does not require proof that the marriage has irretrievably broken down, and it can be followed by a divorce or annulment at a later date.
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Frequently asked questions
Marriage is a solemn contract between two people that involves a number of rights and obligations with regard to children, property, money and behaviour. It is intended to be for life, entered into voluntarily and made between two people to the exclusion of all others.
Marriages in the UK are legally recognised in the forms of both civil and religious marriage. Civil marriages are conducted by a state registrar, while religious marriages are conducted by an authorised religious celebrant.
Both parties must be over the age of 18 and cannot be closely related. Foreign nationals must meet residency conditions, and both parties must be free to marry, i.e., single, widowed, divorced, or with a dissolved civil partnership.
Notices must be posted for a minimum of 16 days (28 days for civil marriages) at the appropriate register office. The ceremony must be conducted in public and with at least two witnesses present. After the ceremony, a legally recognised marriage certificate is issued.
Yes, same-sex marriage was introduced in England and Wales under the Marriage (Same Sex Couples) Act in 2014. Religious organisations can opt in or out of marrying same-sex couples. Same-sex couples who marry abroad under foreign law are also recognised as married in England and Wales.
