Legal requirements for other religious wedding ceremonies: Sikh, Muslim, Hindu etc

Religious ceremonies such as Sikh, Muslim, or Hindu weddings are not legally recognised in England and Wales unless specific legal requirements are met. This includes giving notice, holding the ceremony in a registered venue, and having a Registrar or authorised person register the marriage. 

Read our short guide below to understand the legal rules on religious marriages and their recognition under English and Welsh law.

Legal recognition of religious marriages in the uk

When it comes to religious marriages in England and Wales, it is helpful to think of there being three categories of religious marriage ceremonies:

• Anglican (e.g. Church of England or Church in Wales)
• Quaker and Jewish
• All other religions

An Anglican wedding will automatically create a legally recognised marriage, provided that the Anglican religious requirements are followed. Furthermore, those marrying in an Anglican ceremony do not have to give notice of their wedding.

Likewise, a wedding ceremony following the Jewish or Quaker rites and traditions will also create a legally recognised marriage, though Jewish and Quaker couples do have to give notice.

In contrast, other religious marriages, such as Sikh, Muslim and Hindu marriages, must satisfy additional legal requirements in order to be legally recognised.

It is important to note that the law regarding Anglican weddings applies specifically to those religious ceremonies, not the ceremonies of other Christian denominations. For example, a Roman Catholic wedding ceremony will not be legally recognised unless it meets the below requirements, in the same way an Islamic Nikah or Sikh Anand Karaj will not.

If you are considering or going through a divorce and are concerned that your religious marriage is not legally recognised, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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the legal requirements for your religious marriage to be recognised

For all other religious ceremonies, the following legal requirements must be met for it to constitute a legally recognised marriage:

• The ceremony must be in public (“with open doors”) and in a registered building/place or worship
• The parties need to give at least 29 days’ notice to the Registrar
• An authorised person or Registrar must register the marriage, 
• There must be at least 2 witnesses present
• Both parties must make the necessary declarations, e.g. that there are no legal reasons why they cannot marry

The UK government website has a list of premises which are registered for marriage, which can be found here.

Many religious buildings will have available a person who is authorised to register the marriage, for example, an imam at a mosque may be authorised. If an authorised person is not available, you must request the attendance of a Registrar, for a fee of £104 (different fees apply for other registered buildings which are not places of worship). You can do this by contacting your local council. Either the authorised person or the Registrar will sign your marriage schedule.

If you have already had a religious ceremony which did not satisfy the necessary requirements to create a legally recognised marriage, the easiest way to become legally married to your partner will generally be to have a subsequent civil marriage ceremony.

However, if you had a religious ceremony abroad, it will typically be legally recognised in England and Wales, provided that the ceremony met the legal requirements of the country where you married.

The importance of legal recognition

Due to the different legal rules governing different religious wedding ceremonies, it can be difficult to understand whether your marriage is legally recognised in England and Wales or not.

However, if your marriage is not legally recognised, you will not have the same legal protection as couples whose marriage is recognised. There are several issues which you may face if you are in a religious only marriage. For example, should your relationship break down, you will not have the same recourse to financial remedy, as religious only marriages are typically considered ‘non-marriages’, as demonstrated by the case of Akhter v Khan.

Such issues are gaining increasing attention and understanding, leading to calls to reform marriage law and provide greater clarity.