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Couples could soon have the freedom to marry on the beach, in a private garden, or at sea, in accordance with proposed changes to outdated marriage laws.
In the event of another pandemic, marriages could even take place remotely via a video conference link, the Legal Commission has suggested.
Launched on Thursday, the consultation on changing “unnecessarily restrictive” marriage regulations in England and Wales also aims to reduce the cost of ceremonies by allowing couples to marry at home or in more modest community settings.
The fundamental rules that govern weddings date back to the Marriage Act of 1836 and do not reflect social changes since then.
Professor Nick Hopkins, who oversees family law at the Law Commission, said: “A couple’s wedding day is one of the most important events in their lives, yet the laws of the 19th century are not suitable for purpose and prevent many couples from having a wedding that is meaningful and personal to them.
“Our proposals would give couples the freedom to choose the wedding location they want and a ceremony that is meaningful to them. In doing so, we hope that the laws governing weddings reflect the wants and needs of today’s society. “
The main changes involve allowing couples to have more options about where their ceremony will be and whether they want to get married outdoors.
The Law Commission said: “As the experience of couples wishing to marry during the Covid-19 pandemic has shown, the laws governing how and where couples can marry are outdated and unnecessarily restrictive.”
Many couples had to cancel their planned weddings during the confinement.
One of the oddities of current law is that only Jewish and Quaker weddings are allowed outdoors.
The Law Commission suggests that weddings should be permitted “on beaches, parks, private gardens, and on the grounds of today’s wedding venues.” A wider variety of buildings and even cruise ships could become legitimate venues.
Weddings performed remotely via an audiovisual application, for example Zoom, could also be possible in a future pandemic emergency. In the event of closure, it would be possible for all parties (witnesses, officiants, and even the people getting married) to meet in separate locations and perform the wedding completely remotely.
Currently, couples have to choose between a civil or religious ceremony, with no option to a ceremony that reflects other beliefs. The commission recommends a new legal framework “that could allow organizations of non-religious beliefs (such as humanists) and / or independent celebrators to carry out legally binding weddings.”
Supporting the changes, Attorney General Robert Buckland said: “We want couples from all walks of life to be able to marry and celebrate their love for each other in a way that is meaningful to them.
“That is why we asked the Legal Affairs Committee to examine wedding laws to ensure they better reflect modern society, and we look forward to the outcome of this important consultation.”
