Proposed reform to marriage law

Akhter v Khan brought the issue of the lack of recognition of religious marriages into the spotlight. Furthermore, for years campaigners have called for the reform of wedding law to provide clarity and greater flexibility for couples who may be atheist, inter-faith, or otherwise find the current requirements unsuitable for them.

The Law Commission’s 2022 report recommended significant reforms to marriage law in England and Wales, including the replacement of regulation through approved buildings with the regulation of marriage officiants. Religious and non-religious groups could nominate officiants, and couples would be able to give notice online. Such changes would aim to bring clarity and increase flexibility, reflecting Britain’s position as a multi-cultural and multi-faith society.

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The law commission’s proposed reforms

The Law Commission’s report recommending the reform of wedding law and the introduction of universal rules for all weddings in England and Wales was widely welcomed.

One of its key proposals was to regulate marriages through the regulation of marriage officiants, rather than approved buildings.

For religious weddings, religious groups would be able to nominate individuals to act as officiants at weddings. The groups making such nominations could either be an overarching organisation or a local group (of at least 20 members). The names of all officiants would then be on a publicly accessible list held by the General Register Office (GRO).

The report also proposed the ability of non-religious organisations, such as Humanists UK, to nominate officiants on the same basis as religious groups. Nominated individuals could likewise apply to the GRO for authorisation to conduct civil wedding ceremonies as independent officiants.

Officiants would be responsible for ensuring that both parties have freely given their consent to be married in the presence of two witnesses and that the marriage schedule is signed.

The officiant can lead the ceremony, but this would not be a requirement. Another person may lead the ceremony, provided that the officiant is present. The officiant would also have to decide whether the proposed location for the ceremony is safe and dignified, and in the case of nominated officiants, whether it satisfies the requirements of their organisation.

Pretending to be an officiant and/or deliberately and recklessly misleading a couple about the effect of a ceremony would be a criminal offence. However, failing to comply with the duties of an officiant would not be an offence in of itself, though it could result in deauthorisation. 

Furthermore, under the Law Commission’s proposed regime, couples would be able to give initial notice of their marriage online and choose the registration district where they will then be interviewed by a registration officer. The requirement for couples marrying in a religious ceremony that is not Anglican, Quaker or Jewish to marry within their registration district, or in their usual or nearest place of worship would also be removed. 

why do people want reform?

The current law is widely considered outdated, failing to reflect the diversity of modern day England and Wales. Many couples, such as those who are atheist, interfaith, or from a religion whose religious marriage ceremony is not recognised, find the existing legal framework unsuitable or exclusionary.

It is thought that moving to an officiant-based model, rather than approved premises, will allow for greater flexibility whilst maintaining the dignity of marriage. The highly publicised case of Akhter v Khan highlighted the legal vulnerability of individuals in religious-only marriages, where the lack of legal recognition can leave one party without financial protection or marital rights. Allowing both religious and non-religious groups to nominate individuals to become regulated officiants is hoped to help bring clarity to the issue of whether a marriage is legally recognised. 

Furthermore, such changes would also represent an equal application of the law for couples across all faiths, religions, and spiritual beliefs. Under the current law, a marriage will only be legally recognised if it meets the criteria of a civil ceremony, Anglican rites, and Jewish or Quaker religious law. Other religious ceremonies, such as an Islamic Nikah, will not be legally recognised unless other legal requirements are met.

There has been notable pressure from the humanist community. Humanism is a non-religious philosophical belief that emphasises the value, agency and potential of human beings. Currently, there is no legal provision for marriages to be conducted according to a non-religious belief, and as such, a humanist wedding must be accompanied by a civil ceremony to have legal recognition. 

In 2020, six humanist couples challenged this lack of provision before the High Court, seeking a change in the law to afford legal recognition to humanist weddings. Whilst they lost their legal battle, with the judge noting the Law Commission’s then-ongoing review of the law, it was acknowledged that the current state of the law gives rise to “real discrimination”. 

Further resources

• Weddings – Law Commission
• Wedding laws need biggest shake-up since 19th Century - report - BBC News
• High Court rules humanist marriage recognition failure is ‘discriminatory’, but stops short of formal breach due to ongoing review
• Laws governing weddings are outdated and too restrictive in contemporary society - Nuffield Foundation
• NSS presses Government on wedding law reform | National Secular Society