Marriage is available in England and Wales to both opposite-sex and same-sex couples and is legally recognised in the forms of both civil and religious marriage. Marriage laws have historically evolved separately from marriage laws in other jurisdictions in the United Kingdom. There is a distinction between religious marriages, conducted by an authorised religious celebrant, and civil marriages, conducted by a state registrar. The legal minimum age to enter into a marriage in England and Wales has been 18 since 27 February 2023., brought into force by Previously the minimum age of marriage was 16, with parental permission (Age of Marriage Act 1929). This also applies to civil partnerships.
Certain relatives are not allowed to marry. For foreign nationals, there are also residency conditions that have to be met before people can be married. Same-sex marriage was introduced under the Marriage (Same Sex Couples) Act in March 2014.
The law regarding weddings in England and Wales was reviewed by the Law Commission. In July 2022, the Commission released its final report finding these laws confusing and outdated, and calling for a complete revision. The Commission noted, "the recommendations represent a comprehensive overhaul to current weddings law, the key parts of which date back to 1836 or even earlier."
Matters regarding divorce are resolved under English family law through the Family Justice System of England and Wales.
Marriage procedures Wedding ceremonies can either be conducted by "authorised celebrants" (sometimes, but not always, a minister of religion) or by an "authorised registrar". To be legally binding, they must take place with at least two other competent people present as witnesses. The marriage register is signed by the couple, the celebrant and two witnesses. Civil marriages may not take place in religious venues, but since the Marriage Act 1994 may take place in other licensed venues.
Priests of the Church of England and the Church in Wales are legally required to marry people of the opposite sex, providing one of them is from the local parish, regardless of whether the couple are practising. Special permission may be granted for out-of-parish weddings. Since the Church of England Marriage Measure 2008 and Marriage (Wales) Act 2010, the right to marry in a church was extended to churches that their parents or grandparents were married in or if they were baptised or confirmed in it. Church of England and Church in Wales priests are not permitted to conduct same-sex marriages. However, the Church in Wales has the power to require the Lord Chancellor to change the law to permit them to do so and has approved a liturgy for their blessing.
For civil marriages, notices must be posted for 28 clear days, at the appropriate register office.Giving notice of marriage or civil partnership , Liverpool.gov.uk Church of England marriages require the banns to be read out three times at the appropriate church or churches unless a Special Licence has been obtained. In most cases, the appropriate churches will be the parish churches where the parties reside and the one where the ceremony is to take place.Finding a church, Your Church Wedding
A marriage solemnized between persons either of whom is under the age of sixteen is void.The Marriage Act 1949 (12, 13 & 14 Geo. 6. c. 76), section 2. This replaces section 1 of the Age of Marriage Act 1929 (19 & 20 Geo. 5. c. 36). This disability may be referred to as "nonage".J C Arnold. The Marriage Law of England. Staples Press. 1951. pp 13 & 62.
Law Commission review In 2022, the Law Commission released its report on the state of the laws regarding weddings in England and Wales. The Commission found there was a disconnect between what couples find meaningful and the bureaucratic formalities of the law and that the law in this area is confusing, complex, inconsistent, and unfair. The government published Marriage Law Reform proposals in July 2026, giving the wedding industry the opportunity to understand the full commercial implications for the first time.
Divorce From 6 April 2022 law pertaining to divorce changed with the arrival of no fault divorce for marriages and no fault dissolution for civil partnerships. This is a major change in the divorce/dissolution procedure from the grounds that were required to be proven under previous Matrimonial Causes Act 1973 legislation, which could be acrimonious as one party had to prove that the marriage had irretrievably broken down. Grounds for this were one or more of the five possible facts: Adultery Unreasonable behaviour Desertion (two years) Separation, agreed divorce (two years) Separation, contested divorce (five years)
With the Divorce, Dissolution and Separation Act 2020 no fault divorces are possible; the only thing that has to be stated is: "the irretrievable breakdown of the relationship". Therefore there is only one simple requirement which is the statement of irretrievable breakdown; there is no defence to such no fault divorce/dissolution. The other key change in this procedure is that there is no ability for one party to contest or defend a divorce or dissolution application, apart from couple of very limited grounds. Civil remarriage is allowed. Religions and denominations differ on whether they permit religious remarriage.
Benefits and consequences
Upon death of one's spouse, bequests to the other spouse do not incur inheritance tax. Intestate property by default will go to the spouse. Also, there is partial inheritance of pensions.
In courts, one spouse may not be compelled to testify against the other. Non-British spouses of British citizens may obtain residence permits if the British spouse meets a minimum income requirement of £18,600 per year. This rises to £22,400 for families with a child, and a further £2,400 for each further child. Spouses are considered to have a duty of care towards each other, and certain social security benefits are calculated differently from those for single people.
Foreign citizens wishing to marry in the UK From 1 February 2005, visitors who wish to be married in the UK that are a citizen of a country that is not a member of the European Economic Area (EEA), must apply for a visa before they travel. Without the visa, the registrar will not be able to accept the notice of marriage and will not be able to perform the marriage ceremony.Until May 2011, persons already in the UK and a citizen of a country that was not a member of the EEA, needed the approval of the Home Secretary to be married. This was provided in the form of a certificate of approval. That programme was discontinued on 9 May 2011.
If one of the people wanting to marry is subject to immigration control, notice of marriage can only be done at a designated register office, which both parties must attend together. Marriage must be between two people neither of whom is in a Civil Partnership or separate marriage (foreign divorces are generally recognised; but an existing foreign marriage would prevent a marriage in the UK as this would be treated as bigamy).
History Medieval period
In medieval Europe, marriage was governed by canon law, which recognised as valid only those marriages where the parties stated they took one another as husband and wife, regardless of the presence or absence of witnesses. It was not necessary, therefore, to be married by any official or cleric. The Fourth Lateran Council (1215) forbade clandestine marriage, and required marriages to be publicly announced in churches by priests.
From about the 12th to the 17th century, the practice of "handfasting" was widespread in England. It was a term for "engagement to be married", or a ceremony held on the occasion of such a contract, usually about a month prior to a church wedding, at which the marrying couple formally declared that each accepted the other as spouse.
Handfasting was legally binding: as soon as the couple made their vows to each other they were validly married. It was not a temporary arrangement. Just as with church weddings of the period, the union which handfasting created could only be dissolved by death. English legal authorities held that, even if not followed by intercourse, handfasting was as binding as any vow taken in church before a priest.Charles Nicholl, The Lodger: Shakespeare on Silver Street, London, Allen Lane, 2007 Chapter 27, pp. 251–258
During handfasting the man and woman in turn would take the other by the right hand and declare aloud that they there and then accepted each other as man and wife. The words might vary but traditionally consisted of a simple formula such as "I (Name) take thee (Name) to my wedded husband/wife, till death us depart, and thereto I plight thee my troth". Because of this, handfasting was also known in England as "troth-plight". Gifts were often exchanged, especially rings:The rings might be plain – one was made on the spot out of a rush lying on the floor – or elaborate. They often had a posy engraved. One surviving example is a "gimmal" ring, a double ring which twists apart to become two rings interlinked. It is in the shape of two clasped hands and has the posy "As handes doe shut/so hart be knit". See Some rings incorporated "memento mori" devices, to remind the wearer the marriage was till death. See Diana Scarisbrick, Tudor and Jacobean Jewellery, Tate Publishing, 1995. "(Thomas Gresham's) wedding-ring has a twin 'gimmal' hoop inscribed in Latin 'Let not man put asunder those whom God has joined together', and beneath the ruby and diamond bezel there are cavities enclosing an infant and a skeleton alluding to the vanity of riches." a gold coin broken in half between the couple was also common. Other tokens recorded include gloves, a crimson ribbon tied in a knot, and even a silver toothpick. Handfasting might take place anywhere, indoors or out. It was frequently in the home of the bride, but according to records handfastings also took place in taverns, in an orchard and even on horseback. The presence of a credible witness or witnesses was usual.
For much of the relevant period church courts dealt with marital matters. Ecclesiastical law recognised two forms of handfasting, ("espousal by word given at the present time") and ("espousal by word at a future time"). In the former – the most common form – the couple declared they there and then accepted each other as man and wife; the latter form was a betrothal, as the couple took hands only to declare their intention to marry each other at some future date and could be ended with the consent of both parties – but only if the relationship was unconsummated. If intercourse did take place, then the "was automatically converted into marriage".