Family - In England
Getting married
This information applies to England, Wales and Northern Ireland
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
Forced marriages
Who can get married
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, if they are single, widowed or divorced, or if they were in a civil partnership which has been dissolved.
In the United Kingdom people cannot marry if they are:-
• aged 16 or 17 who do not have parental consent - see below
• certain relatives - 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. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Transsexual people
A transsexual person who has applied for and has been granted a full gender recognition certificate by the Gender Recognition Panel can get a new birth certificate which reflects their acquired gender. They will then be able to marry someone of the opposite gender to their acquired gender. However, if a transsexual person does not have a gender recognition certificate, they are legally considered to be the gender that is on their original birth certificate. They will not be able to marry someone of the opposite gender to their acquired gender.
For more information about getting a gender recognition certificate, see Frequently asked questions about family matters.
Getting engaged
Engagements are mainly for cultural reasons and have limited status. However, they can be used, for example, in immigration law as evidence of intention to marry.
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.
Where can a marriage take place
A marriage can take place in:-
• a Register Office
• 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
• a hospital, if one of the partners is unable to leave or is detained there as a psychiatric inpatient
• a prison, if one partner is a prisoner.
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. Or you can search for approved premises on the General Register Office's website at: www.gro.gov.uk.
How to marry
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
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. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
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. There is no requirement for the 15 day notice period if the one of the partners has been issued with a gender recognition certificate and was previously the civil partner of the person who they wish to marry. In this case, notice of the marriage and the marriage itself can happen on the same day.
In Northern Ireland, a marriage licence is called a marriage schedule. Couples do not need to have been resident in the country before getting married, provided they apply for notice from the General Register Office.
If you and your partner are visiting Northern Ireland to be married and are citizens of a country that is not a member of the European Economic Area, you may need to enclose special documentation.
Couples must submit their completed marriage notice forms and any other relevant documents to the Registrar of Marriages in the district where the marriage is to take place.
It is normal to give eight weeks notice. However, you can give a minimum of 14 days notice, although this may mean that the wedding ceremony will have to be postponed. The registrar will issue a marriage schedule. You won't be able to get married without this. If you are having a religious ceremony, this must take place within 14 days of receiving the schedule. In addition to this, the schedule must be signed at the religious ceremony by the person performing the marriage.
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 certain information when giving notice of your intention to marry. Giving false information is a criminal offence. The information which may be required is:-
• evidence of name and address
• if one partner has been married before or in a civil partnership, documentary evidence that the marriage or civil partnership has ended, for example, a death certificate or decree absolute. Uncertified 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
• evidence of nationality.
A variety of documents can be used as evidence of the information required, but a passport, travel document or birth certificate is usually sufficient. You should contact the register office where you're getting married for more specific advice on what they will accept.
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 Border and Immigration Agency. The registrar must provide the Home Office Border and Immigration Agency 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.
For details of the fees, contact your local Register Office or Citizens Advice Bureau. To search for details of your local CAB, including those that can give e-mail advice, click on nearest CAB.
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 seperate 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:-
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 licencing 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
• 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.
Marrying outside England, Wales and Northern Ireland
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.
A Citizens Advice Bureau, can give brief information about marrying in other parts of the United Kingdom. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Marrying in England or Wales if one partner lives elsewhere
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. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Overseas recognition of United Kingdom marriages
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.
Marriages by proxy
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.
Polygamous marriages
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. An experienced adviser, for example, at a Citizens Advice Bureau may be able to help you find specialist legal advice. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Marriages which are not valid
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. An experienced adviser, for example, at a Citizens Advice Bureau may be able to help you find specialist legal advice. To search for details of your nearest CAB, including those that can give advice by e-mail, click on nearest CAB.
Making a marriage legally valid
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.
Bigamy
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. An experienced adviser, for example, at a Citizens Advice Bureau may be able to help you find a specialist solicitor. To search for details of yourRemarriage/second marriage
As long as the legal requirements described earlier are met, there is nothing to prevent you from marrying again in a civil ceremony in the UK if you are widowed or divorced or if you were in a civil partnership that has been dissolved.
Religions have different rules about whether someone can remarry in a religious ceremony. If you or your partner has been married before, or has been in a civil partnership that is now dissolved, and you want a religious ceremony, you will need to check with an official of the relevant religion.
Blessing ceremonies
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, 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.
Forced marriages
It is a criminal offence to force a person to marry under duress. If you are afraid that you may be forced into a marriage in this country, the police should be contacted. This is also the case where there is concern that another person may be forced into a marriage. If you are afraid that you may be forced into marriage overseas, you should, before travelling, contact the address below for advice. If you are concerned about someone else who has travelled overseas, you should also contact this address.
Forced Marriage Unit
Old Admiralty Building
London SW1A 2PA
Tel: 020 7008 0151
Email: [email protected]
Website: www.fco.gov.uk (follow the links to Travel advice, What we can do to help and Forced marriages)
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