The UK’s outdated and limiting wedding laws need the biggest shake-up since the 19th century, a government-commissioned report has said.
New proposed laws would allow couples to marry in “any safe and dignified location,” clearing the way for ceremonies in private homes and on beaches.
Existing rules are “stuck in time” and force some couples to pay for two ceremonies to satisfy their personal wishes, according to the Law Commission.
Currently, a couple must choose between a civil or religious ceremony and hold their wedding in a registered building, and there are different rules among religious groups and for civil services.
The Law Commission’s proposals state the offiicial overseeing the wedding, rather than its location, should be regulated, and that weddings should be able to take place anywhere that is personal to couples and reflects their own set of beliefs.
The commission said these changes would enable couples to wed in smaller and cheaper venues at a time when there is growing demand for more affordable and personal options. This could reduce the burden of the cost-of-living crisis and ease the post-Covid backlog of weddings.
The proposals would offer couples more freedom while preserving the dignity of weddings and protecting traditions of religious groups, the commission added.
A set of universal rules would apply across religious and civil weddings, with few exceptions, enabling fairer treatment for all beliefs.
This could include legalising non-religious belief ceremonies, such as humanist weddings, if permitted by government.
Chelsie Sills, 30, and Chris Hall, 31, are engaged and want to be able to have an “all in one” humanist marriage ceremony that is also legally recognised.
They told the BBC: “It isn’t difficult to go and have a civil ceremony but it is added cost, added time and added planning. We don’t really want our wedding to be a tick box exercise just to be able to sign on the dotted line.”
Following the huge number of postponed weddings during the pandemic, the Law Commission report recommends that special measures should be taken in the event of a national emergency, which prevents couples from complying with requirements such as allowing witnesses to attend weddings remotely.
And it said the proposals would enhance protections against forced and predatory marriage, and maintain protection against sham marriages.
Professor Nick Hopkins, family law Commissioner at the Law Commission, said: “The current law on weddings is not working for many couples. Needless restrictions and outdated regulations mean that thousands each year are denied having a wedding that is meaningful to them.
“By giving couples more control over their weddings and ensuring greater parity for all beliefs, the law can support those who want to get married, rather than putting unnecessary barriers in the way.”
Humanists UK said the proposals would take some years to implement if accepted by the government, but that the government could give legal recognition to humanist weddings through secondary legislation immediately.
Chief executive Andrew Copson said: “We urge the government to enact this now, and give couples in England and Wales the freedom to choose a marriage that aligns with their beliefs and values.
“For thousands of couples it is hugely frustrating that something as uncontroversial as legal recognition for humanist marriages has been delayed for almost a decade.”
A Ministry of Justice spokeswoman said: “We asked the Law Commission to review our current marriage laws to ensure this important institution continues to reflect modern society.
“We will carefully review these recommendations and respond in due course.”