Marriage
The Marriage and Civil Partnership (Minimum Age) Act 2022 raised the minimum age to 18 in England and Wales from February 2023, abolishing parental consent at 16 and criminalising arranging a marriage of anyone under 18, including non-legally-binding ceremonies. Same-sex marriage arrived in England, Wales and Scotland in 2014 and in Northern Ireland in 2020.
Key points
| Age | 18 with no exceptions in England and Wales; 16 in Scotland without parental consent |
|---|---|
| Polygamy | Prohibited; bigamy is a criminal offence. A polygamous marriage validly contracted abroad may be recognised for limited purposes where neither party was domiciled here at the time. |
| Notice | 28 days at the register office; longer where immigration referral applies |
| Same-sex marriage | Available throughout the UK |
| Religious ceremonies | Only legally binding where the building is registered and an authorised person officiates |
| Witnesses | Two |
| Forced marriage | A criminal offence; Forced Marriage Protection Orders available from the court |
| Humanist marriage | Legally recognised in Scotland and Northern Ireland, not in England and Wales |
| Minimum age 18 | Raised in England and Wales in 2023; no parental consent exception remains |
| Notice period | 28 days, extendable to 70 days where immigration referral applies |
| Registered buildings | In England and Wales, non-Anglican religious marriages need a registered building |
| Scotland differs | Celebrants rather than buildings are authorised, and outdoor ceremonies are straightforward |
In practice
- Give notice in person at the register office of the district where you have lived for at least seven days.
- Bring identity documents, proof of address and, if previously married, decree absolute or death certificate.
- Non-UK nationals may be referred to the Home Office, which extends the notice period.
- Check that a religious venue is registered for marriages — otherwise you will need a separate civil ceremony.
- Give notice in the district where you live, in person, with original documents.
- If either of you is not a British or Irish citizen, allow for the longer notice period.
Cost and coverage
Notice and ceremony fees at the register office; approved premises charge their own fees.
Recent changes
The 2023 change made England and Wales one of the few jurisdictions with no exception whatsoever to the age of 18, covering religious and customary ceremonies as well as legal ones.
Where to go
- GOV.UK marriage pages and your local register office.
- Forced Marriage Unit for advice and protection orders.
- Citizens Advice for documentation questions.
Worth knowing
An unregistered religious ceremony — a nikah in an unregistered venue, for example — leaves you with no legal marriage and no financial claims on separation. This has affected very large numbers of people in the UK. A religious ceremony in an unregistered venue in England and Wales creates no marriage at all — not even a void one — which leaves no financial remedies on separation.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
Civil partnerships for all couples since 2019, but cohabitants have almost no automatic rights in England and Wales.
The Civil Partnership Act 2004 created a status originally for same-sex couples; after Steinfeld and Keidan, it was opened to opposite-sex couples in 2019. Cohabitation, by contrast, confers no general rights in England and Wales — there is no such thing as common-law marriage. Scotland is different: the Family Law (Scotland) Act 2006 gives cohabitants limited financial claims on separation and on death.
Key points
| Civil partnership | Open to all couples since December 2019; nearly identical legal consequences to marriage |
|---|---|
| Conversion | Civil partners may convert to marriage |
| Cohabitation (England and Wales) | No maintenance, no property sharing, no automatic inheritance |
| Cohabitation (Scotland) | Limited financial provision on separation (one-year time limit) and on intestacy (six months) |
| Children | Claims under Schedule 1 of the Children Act can secure housing for a child, not for the partner |
| Death | A cohabitant may claim under the Inheritance (Provision for Family and Dependants) Act if financially dependent |
| Pensions | Many schemes require an explicit nomination for an unmarried partner |
| Civil partnership for all | Opened to opposite-sex couples in 2019 across the United Kingdom |
| No common-law marriage | It does not exist in England and Wales, however long you live together |
 Scotland | Limited financial claims on separation, with a strict one-year deadline |
| Reform | Law reform bodies have repeatedly recommended cohabitation rights in England and Wales |
In practice
- Sign a cohabitation agreement covering contributions, ownership shares and what happens on separation.
- Record property ownership correctly: a declaration of trust setting out shares is far stronger than an informal understanding.
- Make wills — intestacy gives an unmarried partner nothing in England and Wales.
- Check and update pension and life insurance nominations.
- Put a declaration of trust in place if you buy property together — it decides the shares.
- In Scotland, apply within one year of separation; the deadline is absolute.
Cost and coverage
A cohabitation agreement and declaration of trust cost a few hundred pounds — a fraction of the cost of litigating the same question later.
Recent changes
Law Commission proposals to reform cohabitation rights have been on the table for years; successive governments have not legislated, so the gap remains.
Where to go
- Citizens Advice and Advicenow cohabitation guides.
- Resolution, the family lawyers' association, for accredited practitioners.
- HM Land Registry for recording ownership shares.
Worth knowing
The common-law marriage myth is the most expensive misunderstanding in English family law. Decades of cohabitation create no claim on your partner's property, pension or estate. The belief in common-law marriage is the most damaging myth in English family law. Decades of cohabitation give no claim to a partner's property, pension or estate.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Marriage since 2014 in England, Wales and Scotland, and only since 2020 in Northern Ireland.
Same-sex marriage came into force in England and Wales in March 2014 and in Scotland in December 2014. Northern Ireland followed only in January 2020, and not by its own assembly: Westminster legislated while devolution was suspended. Civil partnerships remain available, and since 2019 they are open to opposite-sex couples too.
The United Kingdom took the parliamentary route, and the sequence matters: civil partnerships first in 2005, marriage nine years later, and Northern Ireland only when Westminster stepped in. That staggered history explains why civil partnerships still exist here when most countries abolished them on opening marriage — and why they were eventually extended to opposite-sex couples after a successful court challenge.
Key points
| Marriage | England and Wales and Scotland since 2014; Northern Ireland since January 2020 |
|---|---|
| Civil partnership | Retained, and open to all couples since 2019 |
| Conversion | A civil partnership can be converted into a marriage |
| Adoption | Joint and step-parent adoption available |
| Parenthood | The mother's wife or civil partner can be the second legal parent where licensed treatment is used |
| Surrogacy | Lawful but unenforceable and unpaid; a parental order is required |
| Discrimination | Equality Act 2010, in work, housing, services and education |
In practice
- For the second parent to be recognised at birth, treatment must take place at a licensed UK clinic with the right consent forms signed beforehand.
- A parental order after surrogacy must be applied for within six months of the birth — the deadline is strict.
- Religious organisations may but need not conduct same-sex marriages; the Church of England does not.
- A UK marriage is recognised across the EU and most of the Commonwealth's high-income members, but not everywhere.
Cost and coverage
Giving notice costs a statutory fee per person, and a register office ceremony a modest amount; approved venues cost far more. A parental order application has a court fee, with fee remission on low income.
Recent changes
Northern Ireland's first same-sex marriages took place in February 2020, completing the picture across the four nations more than five years after England and Wales.
Where to go
- Register office of the district where you live, to give notice.
- Human Fertilisation and Embryology Authority, for licensed clinics and consent forms.
- Equality Advisory and Support Service, for discrimination.
Worth knowing
Parenthood is the weak point, not marriage: where conception takes place outside a licensed clinic, the second parent has no automatic status and must adopt.
Frequently asked questions
Should you convert a civil partnership into a marriage?
You do not have to; an existing civil partnership remains valid. Conversion is a short administrative process and the marriage is treated as having existed since the date of the civil partnership, which can matter for immigration and pension purposes. Weigh it against the fee, which varies by nation.
Who is the second legal parent?
If the child is conceived through treatment at a licensed UK clinic, the mother's wife or civil partner is the second legal parent from birth, provided the consent forms were signed before treatment. Outside that route — home insemination, a clinic abroad — she is not, and must apply to adopt.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
A religious ceremony can be the legal marriage — but only in a registered building, with an authorised person, and the rules differ across the four nations.
In England and Wales, an Anglican ceremony following banns or a licence is itself a legal marriage. Other religions must marry in a registered building with an authorised person or a registrar present. A ceremony that does not meet these requirements — for example a nikah in an unregistered venue — creates what the Court of Appeal in Akhter v Khan called a non-qualifying ceremony: not even a void marriage, so no financial remedies on separation. Scotland takes a different approach, authorising celebrants rather than buildings.
Key points
| England and Wales | Registered building plus authorised person or registrar; Anglican ceremonies are self-standing |
|---|---|
| Scotland | Religious and belief celebrants are authorised personally, and can marry anywhere |
 Northern Ireland | Officiant-based system, similar to Scotland |
| Notice | Given to the register office, normally 28 days |
| Non-qualifying ceremonies | No marriage at all: no divorce, no financial claims |
| Religious-only marriages | A recognised problem, particularly for Muslim women |
| Anglican exception | Marriage after banns in the Church of England is self-standing |
| Registered buildings | A list is maintained; check before booking |
| Nikah problem | Religious-only Islamic marriages are the largest group affected |
In practice
- Hold a civil ceremony as well if the venue is not registered: it can be short and inexpensive.
Where to go
- Local register office.
- Citizens Advice and family law solicitors.
- Register of buildings certified for marriage.
Worth knowing
If your religious ceremony did not take place in a registered building with an authorised person, you are very probably not married in law, whatever the community regards as true. A civil ceremony afterwards fixes it going forward. A non-qualifying ceremony creates no marriage at all, so there is nothing to annul and no financial remedies. A later civil ceremony fixes the position going forward only.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Banns, something borrowed, the wedding breakfast and three speeches in a fixed order.
The classic English wedding still follows a recognisable script: the reading of banns in church on three Sundays, the bride entering with her father, confetti at the door, then the wedding breakfast — which is in fact a dinner — followed by speeches and the first dance.
A British wedding follows a fairly fixed running order, and guests notice when it is broken: ceremony, photographs, receiving line, the wedding breakfast — which is a sit-down meal at whatever hour, not breakfast — then speeches in the order father of the bride, groom, best man, then the first dance and an evening reception to which more people are invited. Banns, read in church on three Sundays, survive for religious ceremonies; civil ceremonies use a notice at the register office.
Key points
| Banns | Read on three Sundays before a church wedding |
|---|---|
| Something old, new, borrowed, blue | The best-known superstition, still widely observed |
| Confetti | Thrown at the church door, often restricted by the venue |
| Wedding breakfast | The reception meal, whatever the hour |
| Speeches | Father of the bride, then groom, then best man, in that order |
| The cake | Fruit cake, with a tier traditionally kept for a future christening |
| First dance | Opens the evening |
In practice
- Check the venue's confetti policy before buying any — many ban it or require biodegradable petals.
- The best man's speech is expected to be funny and short; the order of speeches is rarely varied.
- Keeping a tier of cake for a christening is traditional but optional.
- A church wedding requires banns or a licence: start several months ahead.
What it costs
A wedding in the UK commonly costs between £18,000 and £25,000, with the venue and catering the largest items; London is substantially higher. A register office ceremony with two witnesses costs a small fraction of that.
Recent changes
Since 2021 civil and religious marriages in England and Wales can be held outdoors in the grounds of approved venues, and mothers' names now appear on marriage certificates — a change campaigned for over many years.
Frequently asked questions
What is the wedding breakfast?
The main meal after the ceremony, whatever time of day it happens. The name is historical — it was the first meal after the fast before communion — and it confuses almost every visitor. Expect a seated meal for the daytime guests, with more people joining for the evening.
Who gives the speeches and in what order?
Traditionally the father of the bride, then the groom, then the best man, after the meal. The order is loosening and either partner may speak now, but the best man last is near-universal. Keep to five minutes; going long is the classic error.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
No matrimonial property regime and no forced heirship in England and Wales — wide judicial discretion instead, and family provision claims after death.
England and Wales have separate property during marriage and a broad discretion on divorce under section 25 of the Matrimonial Causes Act, structured by case law around needs, compensation and sharing. There is no forced heirship: testamentary freedom is the starting point, tempered by the Inheritance (Provision for Family and Dependants) Act 1975. Scotland differs, with fixed legal rights over moveable estate.
Key points
| During marriage | Separate property; no community of property |
|---|---|
| On divorce | Discretionary redistribution; the marital home and pensions are usually shared |
| Prenuptial agreements | Not automatically binding, but given decisive weight if freely entered with disclosure and advice (Radmacher) |
| Testamentary freedom | Broad in England and Wales; no reserved shares |
| Family provision | Spouses, children and dependants may claim reasonable provision under the 1975 Act, within six months of the grant |
| Scotland | Legal rights give a spouse and children fixed shares of the moveable estate, which cannot be defeated by will |
| Inheritance tax | 40 % above the nil-rate band, with spouse exemption and the residence nil-rate band |
| No matrimonial regime | Property stays in the owner's name during the marriage; the court redistributes on divorce |
| Sharing principle | Assets built up during the marriage are the starting point for equal sharing |
| Nuptial agreements | Not automatically binding, but given decisive weight if properly made |
| Intestacy | A spouse does not necessarily inherit everything where there are children |
In practice
- A prenuptial or postnuptial agreement should involve disclosure, independent advice and time before the wedding.
- Obtain pension valuations early: pensions are frequently the largest asset after the home.
- Review wills after marriage — marriage revokes an existing will in England and Wales.
- Consider the residence nil-rate band when leaving a home to direct descendants.
- Sign any prenuptial agreement at least 28 days before the wedding, with disclosure and separate advice.
- Review the will after marriage: marriage revokes an earlier will in England and Wales.
Cost and coverage
Solicitors' fees for agreements and wills; probate fees on estates. Estate litigation is expensive and worth avoiding by careful drafting.
Recent changes
The Law Commission has reviewed both financial remedies on divorce and the law of wills, with proposals for greater certainty; legislation has not followed.
Where to go
- HM Courts and Tribunals Service for probate.
- Solicitors accredited by Resolution or STEP.
- Money Helper for pension sharing guidance.
Worth knowing
Marriage revokes an earlier will in England and Wales unless it was made in contemplation of that marriage. Many people die intestate simply because they married after making their will. Marriage revokes an existing will unless it was made in contemplation of that marriage. Many people discover this only when administering an estate.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
The Divorce, Dissolution and Separation Act 2020 came into force on 6 April 2022, removing fault entirely in England and Wales: one or both spouses simply state that the marriage has broken down irretrievably, and it cannot be contested. Scotland has its own rules, and Northern Ireland retains the older fault-based framework.
Key points
| England and Wales | No-fault statement; 20 weeks before the conditional order, then 6 weeks before the final order |
|---|---|
| Joint applications | Possible, a novelty of the 2022 reform |
| Contesting | Effectively abolished, except on jurisdiction or validity grounds |
| Scotland | One year's separation with consent, two years without; fault grounds also remain |
| Northern Ireland | Still requires a fact such as adultery, unreasonable behaviour or separation |
| Money | Dealt with separately from the divorce itself: financial remedy proceedings, pension sharing orders, clean break where possible |
| Pensions | Often the largest asset after the home, and routinely shared |
| No-fault since 2022 | Blame was removed in England and Wales; a statement of irretrievable breakdown is enough |
| Minimum timetable | Twenty weeks to conditional order, then six weeks and a day to final order |
| Finances are separate | The divorce does not end financial claims; only a court order does |
In practice
- Apply online; the court fee is payable unless you qualify for help with fees.
- Deal with finances by consent order — a divorce alone does not end financial claims.
- Mediation information meetings are normally required before a financial application, unless there has been domestic abuse.
- Get a pension sharing valuation before agreeing anything.
- Obtain a financial order even if you agree: without one, claims survive the divorce indefinitely.
- Delay the final order if pension sharing is being negotiated — timing affects entitlements.
Cost and coverage
Court fee for the application, plus legal costs. Legal aid for family matters in England and Wales is largely restricted to cases with evidence of domestic abuse.
Recent changes
The 2022 reform ended the practice of inventing allegations of behaviour to obtain a quicker divorce, which had been criticised for decades.
Where to go
- GOV.UK online divorce service.
- Family mediation services and the family mediation voucher scheme.
- Citizens Advice and Rights of Women for free guidance.
Worth knowing
Ending the marriage does not end financial claims: without a court-approved consent order, an ex-spouse can bring a claim years later, including against assets acquired after the divorce. Applying for the final order before the finances are settled can lose a widow's pension entitlement. Sequence the two deliberately.
General sources
- GOV.UK — official portal for public services and rights
- legislation.gov.uk — the statute book as enacted and revised