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Getting Married in 2024? Here are Some Legal Issues to Consider

15 February 2024

As we celebrate the season of love, February seems the perfect time to explore a topic that touches the hearts and lives of many: marriage. Beyond the romantic gestures and heartfelt vows, there are important legal considerations that come into play when two people decide to tie the knot. In the United Kingdom, marriage is not only a personal commitment but also a legally binding contract that can have significant implications for your rights, responsibilities, and financial well-being.

So let’s take a closer look at the legal aspects of marriage, recent changes to UK law, and why couples need to be aware of these considerations before saying “I do.”

Legal requirements for getting married in the UK

Before you start planning your ceremony and reception, it is essential to ensure that you and your partner meet the criteria for getting legally married in the UK.

Getting married in the UK involves meeting specific legal requirements, regardless of whether you opt for a civil or religious ceremony. To ensure your marriage is legally recognised, the following steps must be taken:

• Notice of intent: You are required to give notice of your intention to marry. The process for doing this varies depending on the type of wedding you plan to have. Giving notice of marriage or civil partnership enables your local authority to issue your marriage license.
• Approved venue: Marriage ceremonies must take place at approved premises, whether they are civil or religious weddings. This is more flexible since 2021 when outdoor ceremonies at licensed venues were legalised.
• During the ceremony, both parties, along with two witnesses, who can be friends or family members, must be present. The officiant, and, if the officiant lacks the authorisation to register marriages, the individual responsible for registration must also be present.
• Marriage schedule: It’s a legal obligation to return the marriage schedule to the Register Office and add it to the electronic register. However, it’s important to note that failing to do so does not invalidate the marriage; the marriage remains legally valid even if this step is not completed.
• For your marriage to be legal, you must adhere to the different rules for your ceremony type. A religious marriage ceremony must have an exchange of vows, while this is optional in a civil marriage, and a civil ceremony is not allowed to have any religious content, including hymns or readings.
• If one spouse is subject to immigration control, the Home Office must be notified and give clearance before you can receive your marriage license.
• Same-sex couples must ensure their venue is registered to perform their marriage. Some religious organisations, including the Church of England, do not perform marriages for same-sex couples.

Legal considerations before getting married in the UK

Marriage is not merely a romantic commitment; it carries profound legal consequences that impact various aspects of your life. One key aspect is that it alters your legal status, which can affect your finances, taxes, property ownership, and any children you may have. To safeguard your assets and clarify financial matters, consider creating a pre-nuptial agreement. This legal document helps protect both parties’ interests and legal rights in the event of divorce or separation.

Updating your Will to include your spouse as a beneficiary is another crucial step, ensuring that your assets are distributed according to your wishes. If one or both of you have children, you should decide who will have parental responsibility and settle any questions of inheritance. Reviewing your insurance policies is equally important, as marriage may necessitate adjustments to your coverage or beneficiaries.

If you or your partner decide to take the other’s name, you must go through the lengthy process of changing it on all of your documents and accounts. These include identification and travel documents, like your passport and driver’s license, as well as all bank accounts, credit cards, and insurance providers. You will need to provide your marriage certificate to make many of these changes.

Who to notify about your marriage

You must also notify certain local authorities, government entities and service providers, including your local council tax office, utility providers, and doctor. If you plan to go abroad for your honeymoon, you need to consider your name change and book travel under the name you will have when you take your trip. You should also inform your employer so that they can update their payroll and other relevant records.

Seeking expert advice is highly advisable throughout this process. Legal experts, such as family law solicitors, can help you understand the full scope of legal implications related to your marriage, ensuring that all necessary steps are taken to protect your rights, assets, and the future well-being of your family, as well as ensuring all relevant parties are notified. It’s a proactive approach that offers peace of mind and ensures that you enter into marriage fully informed and legally prepared.

Recent changes to UK marriage laws

Marriage laws in England and Wales are constantly shifting to reflect modern attitudes and social norms. For example, same-sex marriages became legal in England and Wales in 2013, allowing same-sex couples to express their love and enjoy the legal and financial benefits of civil marriage. March 2024 marks ten years since the first same-sex weddings were performed in the UK, making it a milestone year for marriage equality.

The legislation also empowered same-sex couples in civil partnerships to change their civil partnership into a marriage, and it allowed transsexual individuals to legally change their gender without the requirement to terminate their existing marriage.

Crucially, some recent legislation is intended to protect individuals from exploitation. The minimum age changed from 16 with parental consent to 18 in all cases as of February 2023, when Parliament passed the Marriage and Civil Partnership (Minimum Age) Act 2022. This new age limit is intended to protect vulnerable children by cracking down on forced marriages.

While these are better-known and more widely publicised, some lesser-known recent legal changes to UK marriage law impact most couples, regardless of age or gender. For example, in May 2021, Parliament passed a temporary measure allowing outdoor weddings to take place in England and Wales. This measure was made permanent in 2022. Before this, couples could only legally marry in a building licensed for weddings. This change, first implemented as a measure to prevent the spread of COVID-19, brought much-needed flexibility and creativity to wedding ceremonies by allowing couples to exchange vows in a beautiful outdoor setting.

However, there are still legal requirements that must be met, such as having a fixed structure or a licensed outdoor venue, and the ceremony must still be conducted by an authorised person. Other changes to marriage laws include the ability for couples to convert civil partnerships into marriages and the addition of non-religious belief systems to the list of approved ceremony styles.

How Expert Family Lawyers Can Help

In a constantly changing legal landscape, getting married is not as simple as saying “I do”. A family law solicitor is an invaluable resource when it comes to navigating the legal aspects of getting married in England and Wales. Family law experts offer practical and specialist legal advice, including on pre-nuptial agreements and financial planning.

Whether you’re entering a marriage for the first time or remarrying, a family law solicitor will ensure you are well informed about your rights and responsibilities, and help you make informed decisions that align with your circumstances and protect your interests. Their specialist advice can be especially crucial in complex family situations, ensuring that your marriage is not only a celebration of love but also a legally sound and well-protected commitment.

Final Thoughts

Getting married is one of the most important decisions you make in life, and it is essential to consider the legal implications before you do so.

At Redkite Solicitors, we understand the importance of ensuring that all legal considerations are addressed before you get married and are here to provide guidance as you enter this new chapter or your life. If you require any legal advice or guidance, our experienced family solicitors are here to help you.