Requirements for your marriage to be valid in England and Wales

Whether your marriage is legally recognised in England and Wales will have significant implications should you separate from your partner. Only those who were legally married will be entitled to apply for a divorce, and the financial relief available through divorce.

Interestingly, marriages that are not valid are separated into various categories: void marriages, voidable marriages, and non-marriage. If your marriage is void or voidable, you may apply for a decree of nullity, which entitles you to financial relief, similarly to if you have divorced. However, upon the end of a ‘non-marriage’, neither party will be entitled to the same legal measures or financial relief. Therefore, you may be financially vulnerable if your marriage is not legally recognised.

Under the current law, many religious ceremonies are legally considered non-marriages, unless certain legal formalities are met.

The validity of your marriage will depend on whether you:

1. Can legally marry
2. Gave proper notice of the marriage
3. Married in a registered building
4. Married in accordance with the required legal formalities
5. Married overseas

If you are considering or going through a divorce and are concerned about the validity of your marriage, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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