The Law Commission has consulted on provisional proposals for reform of the law governing how and where couples can get married in England and Wales. This article gives an overview of those proposals, with particular focus on religious weddings, including Anglican weddings. It examines proposed changes to each aspect of the process of getting married, from the preliminaries to the people required to officiate at the wedding, the permitted locations and the rules governing the content of the ceremony. The article argues that the legal status of marriage itself is highly flexible, recognising a range of unions. The proposed reforms aim to reflect the diverse range of views about the meaning of marriage, and ensure that the way in which the law recognises a legally binding wedding fits with the many different traditions according to which religious groups celebrate the formation of marriage.

The laws regulating how and where couples can get married – as opposed to who they can marry – are widely recognised as being in need of reform. The basic structure of the current law dates back to the Marriage Act 1836, and many elements – the requirements for Anglican weddings and differential treatment of Jewish and Quaker weddings – have a still longer history. Despite the law's longevity, many of the current requirements have their origins in past panics, tactical compromises or quick fixes. While the laws enacted in 1836 were shaped by their historical context, even then the legal framework did not fit how couples wanted to marry. This paper traces the history of marriage law reform to explain how we ended up with a set of laws that are highly restrictive, inconsistent and complex, and why reform is needed.

During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

This article explores the Law Commission's proposals on how and where people can get married in England and Wales as found in their ‘Getting Married’ Consultation Paper. It examines the extent to which the Commission's proposals will deal with or mitigate concerns expressed about two types of non-qualifying wedding ceremonies: ‘unregistered religious marriages’ where the couple undergo a religious ceremony that does not comply with the requirements of the Marriage Act 1949, and ‘non-religious marriages’ where the ceremony is conducted by celebrants representing a belief organisation (such as Humanists UK) or by independent celebrants and so is also outside the Marriage Act 1949 and not currently legally binding. The article largely welcomes the Commission's proposals but expresses concern about the proposed officiant system and how it defines belief organisation; the proposed changes to the law on validity; and the creation of a new criminal offence. The article develops these three points further and contends that, while a transformed weddings law could recognise non-religious marriages and reduce the number of unregistered religious marriages, the introduction of statutory cohabitation rights upon separation is needed to truly deal with concerns over unregistered religious marriages.

Discussions of church weddings are not standard in accounts of African marriage in South Africa in the early twentieth century. However, from the 1890s onward, church weddings were becoming more common, and by the 1930s more Africans married in church than elsewhere. Indeed, these wedding ceremonies provide insight into how black families experienced and created their own social status in a context in which white South Africans viewed black weddings as a symbol of racial misappropriation. Via weddings and their associated commodification, families held on to and proclaimed the value of family life, and importantly, broader social networks as well as status-based associational life in an era of familial disintegration. At the same time weddings were often a double-edged indicator of status through their reference to sexual purity by means of white frocks.

A qualitative study, within a life course perspective, explored the transition into marriage for mid- to later-life same-sex couples. Twenty individuals (representing 11 couples) were interviewed – 12 lesbians, seven gay men, and one bisexual man. At the time of their marriages, participants were between 42 and 72 years old (average age: 54) and had been with their partners from six months to 19 years (average: 7.5 years). Three processes highlighted the ways in which these same-sex couples’ experiences of deciding to marry were influenced by their life course experiences. First, individuals had to integrate marriage into their psyches (integration). Second, they had to consider why they would marry their specific partner (rationale). Third, the study participants demonstrated how their experiences of wedding planning and their wedding characteristics were imbued with intentionality as a result of lifetime experiences of homophobia and/or heterosexism (intentionality).