An introduction to marriage law in England and Wales

Marriage in this country is governed by the law, both in relation to the requirements to enter into a marriage and in relation to the consequences of getting married.

There are many laws relating to marriage. In this post we will set out what are perhaps the most important elements of marriage law in England and Wales that you should know.

(Note that what follows applies to marriages in England and Wales. There are different rules relating to marriages in the rest of the UK).

Capacity to marry

Marriage is a right, enshrined in Article 12 of the European Convention on Human Rights. However, the right is subject to applicable national marriage law.

In this country there are the following restrictions upon the right to marry:

Prohibited degrees – The parties must not be within the prohibited degrees of relationship. Accordingly, for example, a man or a woman may not marry his or her parent, grandparent, child, grandchild, sibling, uncle or aunt, nephew or niece (note that an adoptive parent and the adopted son or daughter are deemed to be within the prohibited degrees).

Age – A marriage solemnized between persons either of whom is under the age of 18 is void. (This changed recently – until 27 February 2023 it was possible for people aged 16 and 17 to marry, with the consent of their parents).

Existing marriage – A marriage is void if, at the time of the marriage, either party was already lawfully married or in a civil partnership. (Note that polygamous marriages entered into outside of England and Wales are void where either party was at the time of the marriage domiciled in England and Wales).

Same-sex marriage

Marriage between couples of the same sex has been allowed under marriage law in England and Wales since March 2014.

Same sex couples who get married abroad prior under foreign marriage law are now recognised as being married in England & Wales.

Note however that a same-sex marriage entered into in this country may not be recognised abroad, depending upon whether same-sex marriage is allowed in the other country.

Formalities of marriage

It is possible to get married by either a civil ceremony or a religious ceremony.

Same sex couples can marry in a civil ceremony, but can only get married in a religious ceremony if the religious organisation has agreed to marry same sex couples.

Whether it is a civil ceremony or a religious ceremony, certain legal requirements must be met, including giving notice of intention to marry, and having the wedding ceremony take place at an approved building.

The ceremony must be attended by both parties, two witnesses, the person who conducts the ceremony and, if that person is not authorised to register marriages, the person who is registering the marriage.

Consequences of marriage

There are a number of legal consequences of marriage, including:

The right to occupy the matrimonial home – If one spouse is legally entitled to occupy a dwelling-house and the other spouse is not so entitled then the spouse not so entitled has the following rights (“home rights”) dictated by marriage law in England and Wales:

(a) if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it, except with the leave of the court; and

(b) if not in occupation, a right with the leave of the court to enter into and occupy the dwelling-house.

The right to seek maintenance from the other party – Even when the marriage is still continuing.

Effects on inheritance – Marriage has certain effects upon inheritance in the event of the death of either party. For example, it invalidates any existing will made by either party, and if there is no will then the intestacy rules provide that the surviving spouse will receive most, if not all, of the deceased spouse’s estate.

Effect on parental responsibility – Where the parents are not married then only the mother will automatically acquire parental responsibility for any child born to them. However, where they are married both will automatically acquire it. More information is available on our child law page.

Rights on marriage breakdown – Lastly, marriage confers upon each of the parties the right to seek financial provision from the other in the event that the marriage breaks down and divorce proceedings take place.

How We Can Help

For more information regarding marriage law in England and Wales, please visit our Contact Us page.

Ian Walker Family Law & Mediation Solicitors are award-winning family solicitors and are recognised as one of the leading family law firms in the South West of England with services covering family law & mediation, divorce law, child law, and arbitration.