Who can get married?
• Getting engaged
• Where can a marriage take place?
• How to marry
• Marrying outside England, Wales and Northern Ireland
• Marrying in England or Wales if one partner lives elsewhere
• Overseas recognition of United Kingdom marriages
• Marriages by proxy
• Polygamous marriages
• Marriages which are not valid
• Making a marriage legally valid
• Bigamy
• Remarriage/second marriage
• Blessing ceremonies
•••••
According to the law of the United Kingdom, a man and a woman may marry if they are both 16 years or over and free to marry, that is, either single, widowed or divorced.
In the United Kingdom people cannot marry if they are:
• aged 16 or 17 who do not have parental consent - see below
• people of the same sex. However, by the end of 2005, a same-sex couple may be able to register a civil partnership instead. For transsexual people, the relevant gender is the one on their current birth certificate – see below.
Young People
If you are 16 or 17 you cannot marry without parental consent. Each parent with parental responsibility is entitled to give parental consent. In some circumstances, other people may give parental consent. In Northern Ireland a young person under 18 cannot marry without the consent of certain people. For more information about who can give parental consent, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.
Relatives who may not Marry
The following people cannot marry, in any circumstances, because of their blood relationship.
| A man cannot marry his: | A women cannot marry her: |
| Grandmother | Grandfather |
| Mother | Father |
| mother's sister | father's brother |
| mother's half sister | father's half brother |
| father's sister | mother's brother |
| father's half-sister | mother's half-brother |
| adoptive mother - see below | adoptive father - see below |
| Sister | Brother |
| half-sister | half-brother |
| Daughter |
Son |
| adoptive daughter - see below | adopted son - see below |
| sister's daughter | sister's son |
| half-sister's daughter | half-sister's son |
| brother's daughter |
brother's son |
| half-brother's daughter | half-brother's son |
| Granddaughter | Grandson |
Adopted children and their genetic parents and genetic grandparents may not marry. If they do, the marriage will be automatically void even if they do not know they are related. Adopted children may not marry their adoptive parents but they are allowed to marry the rest of their adoptive family, including their adoptive brother or sister. People who are step relations or in-laws may marry only in certain circumstances.
Engagements are mainly for cultural reasons and have limited status.
One of the parties can decide to end an engagement as an agreement to marry cannot be legally enforced. If an engagement is broken, a woman can keep the engagement ring unless, at the time she was given it, the man specifically said that it should be returned if the engagement were broken. Any other property belonging to the couple should be divided between them in the same way as property would be divided if the couple divorced. If the couple cannot agree about entitlement to property, either person can apply to a court to decide the issue, provided this is done within three years of the end of the engagement. Legal advice will be needed in these circumstances.
A marriage can take place in:-
• a Register Office
• a church of the Church of England, Church in Wales, Church of Ireland, Presbyterian or Roman Catholic Church in N. Ireland
• a synagogue or any other private place if both partners are Jewish
• a Meeting House if one or both partners are either members of the Society of Friends or are associated with the Society by attending meetings
• any other religious building provided that the person marrying the couple is registered by the Registrar General - see under Religious marriage ceremonies (England and Wales only)
• premises approved by the local authority - see under Religious marriage ceremonies (England and Wales only)
• a place where one partner is seriously ill and not expected to recover
• the home of one of the partners if the partner is housebound, for example, has serious disabilities or is agoraphobic
Local Authority Approved Premises (England and Wales only)
Local authorities in England and Wales may approve premises other than Register Offices where civil marriages may take place. Applications for approval must be made by the owner or trustee of the building, not the couple.
The premises must be regularly open to members of the public, so private homes are unlikely to be approved, since they are not normally open to the public. Stately homes, hotels and civic buildings are likely to be thought suitable. Approval will not be given for open air venues, such as moonlit beaches or golf courses. Generally, the premises will need to be permanent built structures, although it may be possible for approval to be given to a permanently moored, publicly open boat. Hot air balloons or aeroplanes will not be approved.
If you want to get married in local authority approved premises you should obtain a list of premises from the local town hall.
You can get married by a civil ceremony or a religious ceremony. In both cases, the following legal requirements must be met:-
• the marriage must be conducted by a person or in the presence of a person authorised to register marriages in the district
• the marriage must be entered in the marriage register and signed by both parties, two witnesses, the person who conducted the ceremony and, if that person is not authorised to register marriages, the person who is registering the marriage.
Civil Marriage Ceremonies
You and your partner must give notice of marriage in your local Register Office, whether or not you wish to marry in that district. The Superintendent Registrar or Registrar in Northern Ireland then issues authority for the marriage and you may marry in any Register Office or local authority approved premises in any district.
If either you or your partner is from overseas, special rules may apply when giving notice to marry. If so, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.
In the period between the notice of intention to marry and the ceremony, anyone with strong grounds for objecting to the marriage can do so. Making a false statement is a criminal offence.
In England and Wales, both partners must be resident in England or Wales for seven days before notice is given (on the eighth day). A notice must state where the marriage is to take place. The marriage can then take place after 15 days have elapsed from the date on which notice of the marriage is entered in the marriage notice book. The fee for giving notice of the marriage is £30 per person.
In Northern Ireland, you will need either a registrar's licence or a registrar's certificate.
To obtain a certificate, at least one of you must have lived in the district for seven days or more, immediately before giving notice of intention to marry to the registrar. If you and your partner live in different districts, notice must be given to the registrars of both districts. The notice must state where the marriage will take place. The registrar must send copies of the notice to the ministers of the places of worship usually attended by you and your partner. After twenty-one days have elapsed from the date on which the notice is entered in the marriage notice book, the marriage can take place.
To obtain a licence in Northern Ireland, one of you must have lived in the district in which you are to be married for at least fifteen days before the licence is issued. The other partner must have lived for seven days in the same district, or for 15 days in another district in Northern Ireland. If you live in different districts, notice must be given to the registrar in both districts before the licence can be issued. The registrar must send copies of the notice to the ministers of the places of worship usually attended by you and your partner. Seven clear days from the giving of the notice, the registrar may administer an Oath to one of you (stating that they both satisfy the conditions for issue of the licence), and issue the licence.
The marriage must take place within 12 months from the date of entry of the notice (three months if one of you is housebound, detained or resident in Scotland or Northern Ireland). If the marriage does not take place within that time, the process must be repeated.
Procedure for Marrying
You and your partner will be asked for the following information when giving notice of your intention to marry. Giving false information is a criminal offence. The information required is:-
• you and your partners name and address; and
• you and your partners date of birth. If you are under 23 you will be asked to show your birth certificate. If you do not have one, and were born in England, Wales and Northern Ireland, the Registrar will be able to trace the information and a copy does not need to be obtained; and
• your father’s name and occupation and your partner’s father’s name and occupation. If there is no known father, this section can be left blank; and
• if one partner has been married before, documentary evidence that the marriage has ended, for example, a death certificate or decree absolute. Uncertificated photocopies are not accepted. A certified copy of a decree absolute may be obtained from the court which decided the divorce. This can take about a week.
• nationality in Northern Ireland
People from overseas may be asked to show their passports. There is no legal requirement to show a passport before getting married and instead, they can produce a birth certificate (accompanied by a certified translation if necessary), an affidavit or other personal identity document.
If the registrar believes that a person is entering or has entered into a marriage for immigration purposes, the registrar has a duty to report this to the Home Office Immigration and Nationality Directorate (IND). The registrar must provide the IND with certain information, including the marital status and nationality of the person.
The marriage ceremony in the local Register Office or local authority approved premises will take approximately 10-15 minutes. The Superintendent Registrar or Registrar in Northern Ireland will make a short statement about marriage; you can ask the registrar beforehand to indicate what form of words will be used. It is not possible to use religious words in the civil ceremony, although non-religious words, for example, poetry, as well as music and other performances may be added. Each partner is required to repeat a standard set of promises. These may not be changed, but may be added to, as long as the additions are not religious. Rings are not required but can be exchanged if the couple wishes to.
After the ceremony, the marriage register is signed by both partners. Two witnesses, who must be over 16, must also sign at the time of the marriage. Witnesses must understand the language of the ceremony and have the mental capacity to understand the nature of the ceremony. Register Office staff are not allowed to act as witnesses.
Before signing the register, you should check the information in the entry is correct. It is possible to get incorrect information in the register on marriage certificates changed if there is proof that the errors were notified at the time of the marriage. When trying to correct information at a later stage, you will have to explain in writing how the incorrect information came to be recorded at the time of the marriage and may need to provide documentary evidence to prove any statements. The process may take a long time.
A fee must be paid for the ceremony. A certified copy of the entry in the register may be obtained at the time of the marriage for a fee. Additional copies may be obtained for a further fee.
Religious Marriage Ceremonies (England and Wales only)
The Church of England and the Church in Wales are allowed to register a marriage at the same time as performing the religious ceremony.
Ministers and priests of all other religions can be authorised to register marriages and must have a certificate or licence to do so from the local Superintendent Registrar. For Jewish and Quaker marriages, the authorisation is automatic. For all other religions, if the official performing the ceremony is not authorised, either a Registrar must attend the religious ceremony or the partners will need to have separate religious and civic ceremonies.
Marriages in the Church of England and Church in Wales
Instead of going to the Superintendent Registrar before the ceremony, banns (a notice of the proposed marriage) can be read in the parish church of both of the partners on three Sundays before the ceremony.
Religious Marriage Ceremonies in Northern Ireland
Church of Ireland
You can be married in the Church of Ireland by one of three methods. These are:-
Licence – If you or your partner is a member of the Church of Ireland (or any other Protestant Episcopal Church i.e. Anglican), you may give notice to a Church of Ireland licensing minister that you wish to be married in a Church of Ireland church within your own district. Either you or your partner must have been living in the district for seven days before notice is given. The licenser will notify the clergy of the churches that you and your partner attend. Seven days after the licenser is notified, an oath will be administered to either you or your partner to the effect that one of you has lived for the past fourteen days within the district attached to the Church in which you intend to marry, and grant the licence. Any Church of Ireland clergyman will be able to provide you with the address of a licensing minister.
Special Licence – If you or your partner is a member of the Church of Ireland (or any other Protestant Episcopal Church), a Bishop of the Church of Ireland may grant a special licence. This will allow the marriage to take place at any time and any place within his diocese. A special licence is useful where you and your partner have forgotten to give the required notice to a licenser, or wish to marry somewhere other than a church.
Banns – If both you and your partner are members of the Church of Ireland, banns may be read out for three consecutive Sundays in the churches of which they are members, instead of applying for a licence. Seven days notice to the minister(s) may be required. The marriage ceremony must take place in the church (or one of the churches) in which the banns have been published.
Presbyterian
You may be married by the same three methods in the various Presbyterian churches (excluding Free Presbyterians):-
Licence – If both you or your partner is Presbyterian, a licence may be granted by a licensing minister. You or your partner must give the licensing minister a certificate from the minister of your congregation, stating you have been a member of that congregation for at least one month. Immediately before the licence is granted, you must make an Oath that you have lived within the Presbytery for the preceding 15 days. A congregational minister will able to put clients in touch with a licensing minister.
Special Licence – A special licence authorising marriage at any time and any place within Ireland may be granted by the Moderator of the Church, as long as you or your partner is a Presbyterian. This method is useful if you have forgotten to give the necessary notice or have your normal residence outside Northern Ireland.
Banns – If both you and your partner are Presbyterians, banns may be published in each of your congregations on the three Sundays preceding the marriage, instead of obtaining a licence. Six days notice is required by the minister before the banns are due to be read out for the first time. The marriage must take place in a church (or one of the churches) in which the banns have been published.
Roman Catholic Church
Arrangements for a wedding in a Catholic Church are always made through the priest in the parish in which you are living. Three months notice must be given to the priest.
Pre-marriage preparation courses, which you and your partner must attend, are held by Accord, formerly the Catholic Marriage Advisory Council (CMAC). There are centres in Belfast, Ballymena and Downpatrick. Details of the courses will be available to the priest.
If you are both Catholics you should approach the priest of the bride's parish to arrange a date. If you are both from the same parish, the priest in that parish does the preparations for you both, including the pre-nuptial enquiries, which are compulsory.
You must each have certain documents:-
• baptism certificate of recent date, that is, within the last six months before the wedding
• confirmation certificate
• letter of freedom, that is, a certificate that you have not married before and are free to marry
If you are Catholic and marrying someone who is not a Catholic, arrangements are made by the priest in your parish. He will apply to the bishop for permission (if your partner is baptised), or for a dispensation (if your partner is not baptised).
If your partner is not a Catholic they should present a baptism certificate (if baptised), and proof of freedom to marry should be presented. This can be in the form of a letter from, for example, parents or a minister, or an affidavit from a solicitor.
In all cases, the priest acts as a civil registrar and he registers the marriage with the registrar of marriages.
Other Denominations
Members of other denominations, including Baptists, Brethren, Congregationalists, Free Presbyterians, Methodists, Salvation Army, must obtain a registrar's certificate or licence as for a civil wedding, as the church official are not authorised by the state to issue certificates or licences.
Where you or your partner is Baptist, Congregationalist, or Methodist, you may also proceed by obtaining a special licence from the governing body of your church. Couples should ask a minister of the relevant denomination for details. A fee is usually payable to the governing body, the amount being decided by that body. Marriages by special licence may be celebrated at any time and at any place in Ireland.
Jewish Marriages
After giving notice to the Superintendent Registrar or Registrar in Northern Ireland, a marriage can take place in any synagogue, private house or other place as long as you and your partner are Jewish and the ceremony is held under the auspices of a synagogue which has a Secretary for Marriages appointed by the Registrar General. The marriage must be registered by the Secretary of the husband’s synagogue. The marriage can only proceed under a registrar's certificate in Northern Ireland.
Marriages in the Society of Friends
A marriage ceremony in the Society of Friends (Quakers) requires the approval of the Registering Officer of the Society of Friends acting for the meeting concerned. It must take place in the Meeting House or another place regularly used for worship.
Marriages in all Other Religions
In all other religions, religious marriage ceremonies can take place but the couple must first give notice to the Superintendent Registrar, or Registrar in Northern Ireland, at the local Register Office. The Superintendent Registrar, or Registrar in Northern Ireland, will know whether the building in which the ceremony is to take place has been registered. If the building has not been registered, the couple can still have a religious ceremony, but will also need to have a separate civil ceremony for the marriage to be valid under United Kingdom Law.
If the building is registered, an authorised person must be present at the ceremony to register the marriage. They will give the couple a marriage certificate on receipt of the fee. If there is no authorised person, the attendance of a Registrar is necessary and this should be arranged with the Superintendent or Registrar in Northern Ireland of the district.
Religious Ceremonies and Civil Ceremonies
If a couple has been married in a Register Office in England, Wales or Northern Ireland, the partners can have a religious marriage ceremony afterwards. The partners are likely to be asked for their marriage certificate. A religious ceremony which does not comply with the conditions stated above and which takes place before a civil wedding is not a valid marriage under United Kingdom law and the couple’s status will be that of cohabitees.
If you want to get married outside England and Wales you will need to follow the procedure of the law in that country. Advice will be needed from a lawyer.
If one partner lives in Scotland or in Northern Ireland, the marriage can take place in England or Wales but certain procedures must be followed. If one partner lives outside the United Kingdom, the marriage cannot take place until that partner has arrived in England or Wales and fulfilled the necessary residence qualifications.
For more information about marrying in England or Wales if one partner lives elsewhere, you should consult an experienced adviser, for example, at a Citizens Advice Bureau.
A legally valid marriage performed in England, Wales or Northern Ireland is recognised in many other countries. However, confirmation should be sought from the embassy of the country concerned.
A marriage by proxy is one where one or both partners are not physically present at the ceremony. Marriages taking place under United Kingdom law are not valid if they are by proxy. However, United Kingdom law may in some circumstances consider a proxy marriage to be valid if both of the partners are ‘domiciled’ in a country which recognises marriages by proxy. The concept of ‘domicile’ is very complicated. If you need to know about the validity of a marriage by proxy you will need to seek specialist legal advice.
A polygamous marriage is one where a man can marry more than one wife. A polygamous marriage between partners, one or both of whom are domiciled in England, Wales or Northern Ireland is not valid. The concept of ‘domicile’ is very complex and does not necessarily mean ‘living in’ a country.
If you need to know about the validity of a polygamous marriage, you should seek specialist legal advice.
Certain marriages are treated as if they never took place. These are called void marriages. They are marriages which do not meet the requirements of United Kingdom law. An example of a void marriage is one where the partners may not marry because they are related.
Some marriages may have met the requirements of United Kingdom law when they took place but may then be annulled. These are called voidable marriages. There are a number of situations where marriages are considered voidable, for example if one partner has been granted a full gender recognition certificate (see under Transsexual people), or if one of the partners did not give valid consent to the marriage because the consent was given under duress. Either partner can seek to annul the marriage but if neither partner does, the marriage will be valid.
If you need to know more about voidable marriages, you will need to seek specialist advice.
If you have been married in a way that is not recognised as valid in the United Kingdom, the marriage can take place again according to United Kingdom law provided that both you and your partner meet the requirements described earlier.
If you marry in the United Kingdom and are already legally married, the marriage will be bigamous and therefore is void. Although it is a criminal offence to marry someone when you are already married, prosecution is not automatic.
If you who think you may be about to enter into a bigamous marriage you should seek advice from a specialist solicitor.
In the United Kingdom there are no legal restrictions to prevent a person who has been divorced or widowed from remarrying in a civil ceremony as long as the legal requirements described earlier in this information are met.
Religions have different rules about whether someone can remarry in a religious ceremony. If you or your partner has been married before and you want a religious ceremony, you will need to check with an official of the relevant religion.
Even if you are not allowed to marry in a religious ceremony, for example, because you belong to a religion that does not permit marriage of people who are divorced, or if you are lesbian or gay, it may be possible to arrange for your relationship to be blessed in a religious ceremony. This is at the discretion of the religious official concerned.