A marriage in the United Kingdom must by law be solemnised by an authorised person.  Unless you have received a certificate from the Civil Registrar’s Office confirming your status as an authorised person, you are not authorised to carry out Legal Marriages.  In these cases, the Local Registrar must be present at any marriage ceremony that you conduct.

The marriage must have been licenced beforehand in accordance with the law, as outlined below.

The wedding can only be conducted in a building that has been formally registered for marriages (and so maintaining a register of weddings).  You will need to confirm that the location for such weddings has such a registration prior to conduction the wedding.

As the wedding is a public declaration, access to the wedding must not be restricted.  The doors to the ceremony must remain unlocked throughout the ceremony.

CONDITIONS FOR A MARRIAGE TO TAKE PLACE

One partner must have been born male, and the other must have been born female.

No person who is married to a living spouse may marry anyone else, unless a ‘Decree Absolute’ has been granted for his or her divorce. A Decree Nisi Is Not Sufficient.

The bride and groom must be marrying of their own free will, and must state so publicly during the course of the wedding ceremony.  Both the bride and groom must be of sound mind to understand the nature of the marriage contract.

Both the bride and the groom must be over 16 years of age.  If either is under 18 and is previously unmarried, the formal legal consent of either parent or guardian is required.  However, if the person under 18 is already married and widowed, this is not required.

People May Not Marry:

The Prospective Groom Cannot Marry His:

(a) Mother, adoptive mother, former adoptive mother.
(b) Daughter, adoptive daughter or former adoptive daughter.
(c) Father’s mother, or mother’s mother.
(d) Son’s daughter, daughter’s daughter, brother’s daughter, and sister’s daughter.
(e) Sister, father’s sister, mother’s sister.
(f) Wife’s mother, wife’s daughter.
(g) Father’s wife, son’s wife.
(h) Father’s wife, wife’s mother’s mother.
(i) Wife’s father’s mother, wife’s mother’s mother.
(j) Wife’s son’s daughter, Wife’s daughter’s daughter
(k) Son’s wife, daughter’s son’s wife.

The Prospective Bride May Not Marry Her:

(a) Father. Adoptive father, former adoptive father.
(b) Son. Adoptive son, former adoptive son.
(c) Father’s father, mother’s father.
(d) Son’s son, daughter’s son, brother’s son, and Sister’s son.
(e) Brother, father’s brother, mother’s brother.
(f) Husband’s father, husband son.
(g) Mother’s husband, daughters husband.
(h) Father’s mother’s husband, Husband’s mother’s father.
(i) Husband’ son’s son, husband’s daughter’s son.
(j) Son’s daughter’s husband, daughter’s daughter’s, husband.

NB:  brother. Sister includes Half Brother And Half Sister.

Decrees of Affinity

Marriages To The Following Are Also Prohibited Unless Certain Conditions Have Been met:

For The Prospective Groom:

(a) Daughter of former wife.
(b) Former wife of father.
(c) Former wife of father’s father.
(d) Former wife of mother’s mother.
(e) Daughter of son of former wife.
(f) Daughter of daughter of former wife.

Marriages To The Following Are Also Prohibited Unless Certain Conditions Have Been met:

For The Prospective Bride:

(a) Son of former husband.
(b) Former husband of mother.
(c) Former of father’s mother.
(d) Former husband of mother’s mother.
(e) Son of son of former husband.
(f) Son of daughter of former husband.
In all cases, to marry both parties must have attained the age of 21.  Both parties must also be domiciled in a country recognising the validity of such marriages.

Additionally, The Following Criteria Must Be Met:

The younger party must not at any time up to the age of 18 have lived in the same household as the older party and treated by the older party as a child of the family.

Marriages to a parent of a former spouse is only permissionable where both the former spouse, and the spouse of the parent of the former spouse are dead.

Marriage to the former spouse of a son or daughter is only permissionable where both the son or daughter and the other parent of the son or daughter are dead.

A man may marry a woman who is the sister, aunt or niece of a former wife (whether alive or not), or was formally the wife of his brother, uncle or nephew (Whether alive or not).  This also applies to half-kinships.

Marriage Involving A Minor

Where the marriage involves a minor, this is a person between the ages of 16 years and 18 years, then parental consent must be given by that person’s parents or other lawful guardian’s, and this must be obtained before a wedding can take place. This must be given in writing to the Superintendent Registrar when the notice of intent to marry is given.  Where the parent’s or guardians are over seas, a Consular Official should witness by a notary or their signatures. If the parent or other legal guardian changes their mind and declares an objection at the appropriate point in the service, then their consent no longer stands and the proposed marriage must be stopped.

MARRIAGE BY CERTIFICATE WITHOUT A LICENSE:

This is the normal route.  A fee is payable, details can be obtained from the Registrar’s Office.

The prospective bride and groom will need to visit the office of the Superintendent Registrar of the district in which the couple reside. If both live in the same district, each party must have lived in that district for seven days immediately before giving notice of intent to marry, and only one party need give notice. 

If they live in different districts, notice must be given to the Superintendent Registrar of both districts.  Each party must give notice to their own district, or one party must give notice to both.  In either case, each party must have lived in their respective districts for seven days preceding the delivery of notices of intent to marry.

The official at the Registrar’s Office will complete a form giving the names of the bride and groom, their addresses, ages, and the location of the ceremony.  A declaration must be signed stating that there are no legal objections to the marriage.

The building in which the marriage is to take place must be specified.  It must be in the district of reference of one of the parties, but there are exemption if the marriage is to take place elsewhere than in a Registrar’s Office.

Having entered the notice of intent to marry in the notice book, the Superintendent Registrar will allow 21 clear days before issuing the Certificate enabling the wedding to take place.  The wedding must be completed within three months of the date of notice being recorded.

RESIDENCE QUALIFICATIONS AND TIMES SCALES FOR MARRYING:

Both the prospective bride and groom must be in England or Wales, or have their usual place of residence as England or Wales, on the date of the wedding.  Only one party is required to give notice to the Superintendent Registrar, whether they reside in the same or in different districts.

One party must have resided in the district, in which notice is given for at least 15 days immediately preceding the giving of the notice, and the marriage must take place within that district, but there are exceptions if the marriage is to take place elsewhere than in a Registrar’s Office.  The building in which the marriage is to take place must be specified.

One clear day, other than a Sunday, Christmas Day or Good Friday, must elapse after the Superintendent Registrar has recorded the notice of intent to marry before the certificate will be issued permitting the marriage.  Once the certificate is issued, the marriage may take place at any time in the three months following the date of notice being recorded.

This Route Is More Expensive Than The First Route.

Marriage In Special Circumstances:

Marriage of a couple, one of whom is house-bound, or is detained in prison or in a mental hospital, may be solemnised at the residence of the house-bound or detained party under certificate without license.  Notice must be given in accordance with the requirements of that system.  The wedding must not be that of the Jewish Faith or the Society of Friends (Quakers).

  In the case of extreme illness, where it is impossible for the marriage to take place in a Registry Office, or in another Registered Building, a Registrar General License may be obtained. Here, the marriage may be solemnised at any time within three months of the entry in the notice book.

There is no residence requirement, and the license can be issued immediately.  The Registrars General may grant a license for the solemnising of the marriage in the place where the patient is lying.  The wedding ceremony may be that of a Civil Service, any denomination other than the Church of England, or according to the rites of the Jewish Faith or the Society of Friends (Quakers).

If One Party Is Residing In Scotland, And One In England Or Wales.

  Notices of intent to marry issued in Scotland are valid in England and Wales, and vice versa, as long as only one party lives in Scotland.  However, marriage by license in a Register Office in England and Wales is not possible in this case.

 Marriage may take place in England and Wales in a ‘Registered Building’, a ‘Registered Office’ or according to the rights of the Jews or the Society of Friends (Quakers) on production of the Superintendent Registrar’s Certificate in respect of the party living in England or Wales, and the certificate of no impediment in respect of the party living in Scotland, issued by the Scottish Registry Office.

If the marriage is to take place in Scotland, the party resident in England or Wales may obtain a certificate for production to the Registrar in Scotland in the normal way as for weddings in England and Wales.  Alternatively, the party resident in England or Wales may give notices to the registrar in Scotland.  It is usually suggested that at least six weeks notice are given.

For further information please write to the Registrar General, General Register Office, New Register House, Edinburgh, EH1 3YT.

If One Party Is Resident In Ireland or Northern Ireland, And The Other In England Or Wales.

If one party resides in England or Wales, and the other in Northern Ireland, or the Irish Republic, the marriage may take place in England or Wales in a Church or chapel of the Church of England or the Church of Wales.  If one of the parties is resident in Northern Ireland, the marriage may also be solemnised in a ‘Non-Conformist Registered Building’, a Registry Office, or according to the rites of the Jews or the Society of Friends (Quakers).

Notices Issued In Northern Ireland Are Valid In Wales And England, And Vice-Versa.

If one party is resident in the Irish Republic, and the other in England or Wales, and the wedding is to take place in England or Wales, notice cannot be given until the party from Ireland has arrived in England or Wales and has achieved the necessary residence qualification period.

If one party is resident in England and Wales, and the other in Northern Ireland, they may not marry in Register Office in England and Wales.

Further details can be obtained from the Registrar General, General Register Office, Oxford House, 49-55 Chichester Street, Belfast. BT1 4HF

Marriage In England And Wales of People With Foreign Domicile

  Marriages of people with foreign domicile, if performed under the requirements of English and Welsh, are valid throughout the UK and Commonwealth (Subject to restrictions in some countries, where there may be particular local requirements) they may not, however, be valid elsewhere in the world unless the requirements of that country are complied with.  If necessary, a check should be made with the local Consul or other government respective office.

DOCUMENTS

  When giving notice to marry to the Superintendent any Registrar, it is helpful if the prospective bride and groom can present the following documents:

(a) Birth Certificates.
(b) Official Identity Document (Passport) If One or Both Parties Are From Overseas.
(c) Death Certificate of Former Spouse.
(d) Decree Absolute of Divorce Or Annulment or Dissolution of Marriage if Either Party Have Been Married Before.

Photocopies Are Not Usually Acceptable Without Certification.

The bride and groom will need to produce their license (and certificate where appropriate) for the attending registrar at the wedding ceremony.  Failure to do so means that the wedding cannot proceed.

WITNESSES

  Two Witnesses Must Be Present At The Marriage To Sign The Register.

MARRIAGE CERTIFICATE

  A certified copy of the entry into the Register of Birth, Deaths and Marriages, recording the marriage, will usually be given to the bride after the wedding ceremony.

SCOTLAND