Making marriage equal: reforming UK wedding laws

In 2022, the Law Commission called England and Wales’ wedding laws “inefficient, unfair and needlessly restrictive,” stating they don’t reflect today’s diverse society. But three years on, has anything really changed?

In June 2025, the House of Lords heard a lively debate on whether humanist wedding celebrants should be legalised. Baroness Thornton’s question on the progress received a response that the government will “take their time” to address the “anomalies” of current wedding laws.

Updating the law 

Our current wedding laws date back to the 18th and 19th centuries, with the last major legislation (the Marriage Act) in 1949, although they are widely considered outdated and complicated. While they have been extended and developed over time, there has never been a major overhaul. 

I have personal experience of a family member who wanted to marry her same-sex partner in the garden of her family home in the UK, a garden with a special corner dedicated to the memory of her late father, surrounded by family and friends who could support their union. 

But the legal restrictions and procedural hurdles prompted the couple, both also Australian citizens, to instead marry in their own garden in Australia, in front of a celebrant. 

The lack of convenience and accessibility ultimately stopped them from marrying in the UK in a way that reflected their wishes and circumstances.

The Law Commission’s recommendations to modernise the wedding laws are much needed and, if approved by the government, in my view will be most welcome. But the debate in the House of Lords is almost a microcosm of how progress is going.

The Baroness warned that it could take years for humanist weddings to become law, while others went as far as to ask the House to agree the point on the day. 

The Lord Bishop of Guildford feared that legalising humanist weddings would open the floodgates to commercial celebrants, potentially cheapening the institution of marriage. 

Meanwhile, Baroness Burt of Solihull rightly asked what consideration the government has given to humanist marriages from an equalities perspective and what advice the government has for humanist LGBT couples wishing to marry in line with their beliefs. Currently, there is no advice, only a further request for patience and trust. 

Encouragingly, some changes have been introduced, though not the full set of recommendations. The proposed reforms would apply to all weddings, religious, non-religious, and civil, shifting the focus from the venue to the officiant. This would expand the range of locations where legally recognised weddings could take place. The reform is in line with laws in Scotland, Northern Ireland, Ireland, the Channel Islands, and countries like Australia and New Zealand, so it's far from untested.

Yet some of the proposed reforms have not progressed; while outdoor weddings have been introduced already, the issue remains unresolved. Those in favour continue to advocate for reform, but it does raise serious questions about whether the Church and State are truly separated. 

A blueprint for reform 

Marriage rates are declining. If we want the institution of marriage - and the societal benefits that accompany it - to survive and thrive, we must find ways to make weddings as convenient and accessible, and keep up with our newly reformed divorce laws. The Law Commission’s proposed streamlined approach aims to do just that, and some parts have already been introduced by the government.  

Under the recommendations, there would be a preliminary stage, where the couple gives notice of an intention to marry in person or online. 

Each person would be interviewed separately with a 28-day waiting period (already in place) before authority to marry is given. A schedule will be set, an officiant appointed, and the schedule would remain valid for 12 months. Ceremonies would take place at a wider range of venues, with clearer rules on legal content. After the ceremony, the marriage must be registered, another process that is already in place.

The Commission believes that these recommendations would simplify the legal framework, reduce confusion and ensure that weddings are legally recognised. 

Crucially, the new processes should help to identify predatory marriages through the introduction of separate interviews and more rigorous checks. 

Ultimately, marriage should be open to everyone; regulated, but with a clear and straightforward process that encourages weddings to take place in ways that are inclusive and reflective of our diverse society.