Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
No fault divorce - the end of the blame game
The Divorce, Dissolution and Separation Act 2020, which passed into law on 25 June 2020, will introduce "no fault" divorce in England and Wales for the first time. This article looks at what it...
New Cafcass guidance on working with children during COVID-19
The Children and Family Court Advisory and Support Service (Cafcass) has published guidance on working with children during the coronavirus (COVID-19) pandemic. The guidance sets out arrangements for...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
Online event: An update on recovery in the civil, family courts & tribunals
HM Courts and Tribunals Service has announced that it is holding an online event to discuss its recovery plan for the civil, family courts and tribunals, which was published on 9 November 2020...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

Criminalising non-compliance with marriage formalities?

Sep 29, 2018, 23:28 PM
Family Law, wedding, marriage, marriage formalities, criminalisation, non-compliance,
Rebecca Probert's article in the June 2018 issue of Family Law ([2018] Fam Law 702) reviews why the legislation only makes specific reference to certain religious groups and shows how other groups are still encompassed within its framework. It demonstrates that the offence of not registering a marriage can only be committed by someone with the duty – and power – to register it.
Slug : criminalising-non-compliance-with-marriage-formalities
Meta Title : Criminalising non-compliance with marriage formalities?
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 11, 2018, 09:44 AM
Article ID : 117210
In recent months there have been proposals to criminalise those conducting marriages that do not comply with the formalities laid down by law. However, it is important to understand what offences already exist under the Marriage Act 1949 and the implications of the proposed expansion.

Rebecca Probert's article in the June 2018 issue of Family Law ([2018] Fam Law 702) reviews why the legislation only makes specific reference to certain religious groups and shows how other groups are still encompassed within its framework. It demonstrates that the offence of not registering a marriage can only be committed by someone with the duty – and power – to register it. It also shows that the existing offences relating to solemnisation similarly have the potential to apply to all faiths, but can only be committed where the individual in question has a specified role or fails to do certain specified acts.

Changes making it an offence to celebrate a marriage that is not legally binding would have the disadvantage of also outlawing the popular ceremonies conducted by humanists, pagans, and non-aligned celebrants. Any offence therefore needs to be carefully crafted and to focus on those cases that are deemed problematic, for example where deception is involved.
The full version of this article appears in the June 2018 issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.
Categories :
  • Articles
Tags :
wedding
Product Bucket :
Load more comments
Comment by from