What the new government means for wedding law reform

If all this is new to you and you’re not sure what wedding law reform is all about, take a look at the Law Commission’s recommendations for reform. These were submitted to the Ministry of Justice in July 2022, proposing an entirely new scheme for weddings.

The Law Commission’s recommendations aim to address the many problems that exist in a law it concludes is “failing to support marriage” and is “unfair and restrictive”. Despite being submitted to government two years ago, we have still had no official response.

We know that celebrants (both humanist and independent) see first hand that couples are frustrated with the lack of choice, discrimination and red tape in our wedding law. But this is about far more than just weddings – in fact, one of the key objectives of the law reform is to reduce the number of sham, forced or unrecognised marriages, improving the security of couples and families.

Most people today will get married at some stage in their lives – so this affects a great many. Weddings are never going to be seen as a ‘priority’, but this could be a golden opportunity for parties to show that they are progressive and in touch with what people want – to go down in history as the ones who modernised the archaic laws governing marriage, ending wedding discrimination and giving citizens of this country the choice they are yearning for.

When the party manifestos were published, we were disappointed to see that only the Liberal Democrats had included a commitment to wedding law reform, with no reference to it in the Labour or Conservative documents. However, the proposals for wedding law reform put forward by the Law Commission do tie in well with many Labour values and policies.

For example, the recommendations focus on modernising our wedding laws, which have not been substantially updated since 1836 and are out of touch with the needs and rights of modern couples. The Labour Government can deliver on its promise to be immediately progressive and modernise Britain by enacting the recommendations, doing away with laws that predate the reign of Queen Victoria. The change would end discrimination for couples from all beliefs, faiths and cultures, modernising a law that is still largely based on the church and bureaucratic systems.

This change in our weddings law would also lower the cost of weddings by broadening the choice of venues available, thus helping couples who are struggling with the cost of living.

This election provided a great result for the Liberal Democrats, who took the seats of two former prime ministers and gained a record number of MPs in Parliament.

This is potentially good news for those seeking progress on wedding law reform. The Lib Dems is the only party to have made a commitment to wedding law reform in its manifesto, stating the following in its ‘Rights and Equality’ chapter:

We will expand the rights of couples by:

– Introducing legal recognition of humanist marriages.

– Implementing the Law Commission’s proposals to reform wedding laws, giving couples more choice over how and where their wedding takes place, while respecting religious beliefs and practices.

– Extending limited legal rights to cohabiting couples, to give them greater protection in the event of separation or bereavement.

Liberal Democrat Manifesto, 2024

As the third-largest party and with over 70 seats in the House of Commons, the Liberal Democrats can have an influence on the decisions taken by government. If you have a local Lib Dem MP, now is the time to make contact with them and ask for their support. This commitment is in their manifesto in black and white, so now with a record number of seats, this is an issue they can push the government to act on.

Unfortunately the Conservatives never officially responded to the Law Commission’s proposals, although we were repeatedly told they were looking into it.

However, it was the Conservative Government who initially commissioned this review, having originally asked the Law Commission to produce a scoping paper on wedding law in 2015, and then commissioning the full review in 2018. Furthermore, a number of Conservative MPs have expressed an interest and enthusiasm for moving this forward over the last few years, despite apparent inaction.

Therefore all is not lost with the Tories. If your newly elected MP is Conservative, perhaps now is the time for them to pick this up and start raising questions in the House.

If you support this wedding law reform in England & Wales, we would encourage you to show your active support for the cause. The more people who speak up, the more likely the Government is to act.

As a first step, you may wish to contact your local MP and/or attend one of their drop-in surgeries. If your MP is supportive and agrees this reform should happen, here are some practical steps they can take to help:

– Write to the Ministry of Justice to ask when they will respond to the Law Commission’s recommendations. Request a meeting, to avoid receiving another template response.

– Table a question in Parliament, once back in session.

– If able, draft a Private Members Bill or Ten-Minute Rule Bill that can be discussed in parliament.

– Apply for a Westminster Hall debate on the topic. The APPG for Humanists held one of these on humanist marriage, so why not have a similar debate to discuss the importance of wider reform?

You may also wish to download the badge below to show your support for wedding law reform on your website and social media.