On 16 July 2026, the government officially launched a comprehensive public consultation that could completely change how and where couples get married. The consultation closed last week, with the Law Society backing reforms that would give couples greater freedom in where and how they tie the knot. When commenting on the consultation, Law Society president, Mark Evans, stated “this is a once-in-a-generation opportunity to create a wedding framework that reflects modern society.”
What is the current law?
The current weddings law is still built on rules dating back to the 18th and 19th centuries, meaning it no longer reflects the diverse society we live in today. Whilst the law has been amended over time, the system still remains heavily focused on the buildings, rather than the person conducting the ceremony, with the system often being described as “buildings-based”.
Under the current law, couples must choose between a civil wedding or a religious wedding. Civil weddings must either take place in a registry office or on approved premises. Religious weddings (other than Jewish, Quaker and some Anglican weddings) must take place in a registered place of worship.
At the moment, non-religious belief organisations, such as Humanists, cannot conduct legally binding weddings at all. If you choose a Humanist or independent celebrant, your ceremony isn’t currently legally binding, meaning you will also need to arrange a separate legally binding civil ceremony.
What may actually change under the proposed wedding law reform?
The reforms proposed would mean:
- couples could marry in a much wider range of locations than is currently possible
- couples choosing Humanist, independent celebrant, or a wider range of religious ceremonies may no longer need to arrange a separate civil registrar appointment to make their marriage legal
- Couples could have more freedom over the content of their ceremony (vows and readings, for example)
What does it mean if I have a legally valid marriage?
This means that any matrimonial finance claims are dealt with under the Matrimonial Causes Act 1973 (MCA). Under the MCA, the court has a wide discretionary power, with its main objective being achieving fairness.
If you are not married or your marriage is not legally recognised, then this is dealt with under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court’s role in TOLATA claims is not to focus on what is fair, but on who owns what.
If you would like some advice regarding your financial rights upon separation, please get in touch with the Family Team today – we would be more than happy to discuss your matter further. You can call us at our Leicester office on 0116 255 4855 or our office in Loughborough on 01509 610 312. Alternatively, feel free to email us at legal@johnsonastills.com, or fill in our enquiry form.
