The rite time: the need for inclusive marriage law reform

Russell Sandberg, Professor of Law, Cardiff University

The government has announced that it is to press ahead with reform of the law on getting married and is to follow the approach recommended by the Law Commission which moves from regulating buildings to regulating officiates. They have confirmed that this will make it easier for religious marriages to be legally recognised and it will include weddings conducted by belief organisations such as humanists for the first time. However, a consultation will e published which in part will ask whether ceremonies by independent celebrants should be included. This article argues that given that the aim of the law reform is to give couples choice, to liberalise where people may marry and to create an equitable, clear and simplified law, then independent celebrants should be included. Moreover, contrary to the Law Commission’s final report, independent celebrants and humanist celebrants should be treated and regulate the same way under a reformed marriage law.  Independent celebrants should not be seen as being akin to civil registrars; rather, they provide bespoke ceremonies that manifest the beliefs of those couples they marry. 

The full article has published in the January issue of Family Law.  

Read the full article here.