The Legal Bit It’s not all dress finding and cake tasting, understand the legal side of marriage so you’re not caught off guard One of the most fun parts of wedding planning for couples is making their special day entirely unique, and a reflection of their relationship. Celebrating this love is the central theme, but what many people can forget is that there are requirements to comply with to ensure the marriage is lawful within England and Wales. It may not be the most romantic thing to think about when you’re in the midst of preparing for one of the biggest days of your lives, but it’s really important to remember that if you want the benefits of being a married couple, your marriage does need to be legally sound. YOUR LEGAL CHECKLIST 1 The marriage must be voluntary and neither party must be forced to enter into it – it’s a criminal offence to force someone into marriage. The marriage must be monogamous. Bigamy (being married to more than one person at the same time), is a criminal offence in England and Wales and polygamy results in a voidable marriage. Although polygamy and open relationships are becoming increasingly common, it’s legally tricky to make these ‘official’ by way of marriage. 2The parties must be over 18 and must not be within the prohibited degrees of relationship i.e., direct ascendants and descendants, siblings or extended family members. 3Those entering into a marriage must give notice of their intent to marry at least 28 days before the ceremony. This involves making an appointment at their local registry office, preparing required documents such as ID and confirming their eligibility to marry (meaning that you’re over 16 with parental consent or 18 without) and not already married. 4Prior to the marriage is where parties may consider a pre-nuptial agreement. This is an agreement which sets on how assets, finances and debts are managed during the marriage and in the event of a breakdown of the marriage. This is not essential but can be a very useful document to have to provide clarity and avoid expensive disputes in the future. A post-nuptial agreement can also be drafted after the wedding ceremony which has the same effect. THE VENUE Choosing your venue is a lovely part of the wedding planning and is the start of where you begin to make your day truly yours. When choosing a venue for your wedding you need to ensure that it aligns with the legal requirements for a valid marriage ceremony. More people are choosing to not hold their ceremonies in traditional venues like churches but exploring other options. Many of these venues are licensed, and marriage ceremonies taking place there will mean you’re legally married. However, some are still unlicensed so your ceremony would not be legal, and you would need to arrange a legal wedding at your local registry office. This is often what is required if you have a wedding abroad, as your marriage may not be legally valid when you get home. If you get married abroad, you must ensure that you comply with the legal marriage requirements in the country in which you choose to marry. If you have, then your marriage should be legally valid in England and Wales. This means that if you later reside or have connections with England and Wales, you can issue divorce and financial remedy proceedings here in the event of the breakdown of the marriage. If your marriage is not considered legal “Choosing your venue is a lovely part of the wedding planning and is the start of where you begin to make your day truly yours. When choosing a venue for your wedding you need to ensure that it aligns with the legal requirements for a valid marriage ceremony.” 54
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