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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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Who can get married in the UK?

WHo can get married in the uk? Any couple may get married in the UK in a civil or religious ceremony, provided that they are: Over 18 Not closely related (read the list of prohibited relatives here) Not already married If you are...
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Giving notice of marriage

Getting married? What you need to know about giving notice Parties are legally required to attend their local register office to inform the Registrar of their intention to get married or enter into a civil partnership in what is called ‘Giving Notice’....
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The legal rules on where you can get married

Getting married: appproved venues For a marriage to be legally valid in England and Wales, it must take place in a registered building or approved premises. This includes the following locations: A Register Office A church of the...
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Legal requirements for civil ceremonies

What is a civil ceremony? A civil ceremony is a legal marriage ceremony without religious elements. Therefore, they are conducted by a registrar, rather than a priest, imam, or rabbi etc. There must also be at least two witnesses present, who understand the language...
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Legal requirements for religious ceremonies

Religious ceremonies: the different legal requirements Interestingly, due to the history of English and Welsh law, different religious wedding ceremonies are subject to different legal rules in regard to whether they constitute a legally recognised marriage. ...
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Are overseas marriages legally recognised in England and Wales?

If i marry abroad, will my marriage be legally recognised? Many people who have married or are considering marrying overseas wonder whether their marriage will be legally recognised in England and Wales. The short answer is: generally yes, as long as it meets the...
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The presumption of marriage

What is the ‘presumption of marriage’? There is a common law presumption of marriage (rebuttable by evidence) which arises in the two following circumstances: Cohabitation and reputation Ceremony followed by cohabitation These...
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Non-marriages, void marriages, and voidable marriages

In England and Wales, a marriage may be valid, voidable, void or even considered a ‘non-marriage’. A valid marriage is one which satisfies the legal requirements set out by the Marriage Act 1949 (MA 1949). When getting married, it is important to...
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Sham marriage

A sham marriage is one where two people have entered into the marriage and are not in a genuine relationship but have married for financial or other gain. The lack of genuine relationship means that the couple does not have a proper relationship or dependency on one another...
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Guide to Civil Partnerships

In recent years, both marriage and civil partnership have become available as options for both same-sex and opposite-sex couples. With these options available, it is more important than ever to understand the similarities and differences between the two.  What is a...
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The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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