Marriage as a legal status
Marriage in England is not merely a social or cultural institution; it is a legal status created and regulated by statute, primarily the Marriage Act 1949 (as amended), together with related legislation and administrative practice. Once validly entered into, marriage creates a bundle of legal rights and obligations affecting property, inheritance, taxation, immigration status, parental responsibility, and divorce.
Strict legal requirements must be satisfied for a marriage taking place in England or Wales to be legally valid. Public figures such as Olivia Attwood, who married professional footballer Bradley Dack in June 2023, are subject to exactly the same legal framework as any other couple. Celebrity, wealth, or media attention does not alter the statutory rules governing validity.
Legal capacity to marry
Minimum age
Since 27 February 2023, the minimum legal age for marriage in England and Wales has been 18, without exception. The previous ability for 16‑ and 17‑year‑olds to marry with parental consent has been abolished. Arranging or facilitating a marriage involving a person under 18 is now a criminal offence.
Freedom to marry
Each party must be legally free to marry. This means that:
- neither party is already married; and
- neither party is in a subsisting civil partnership.
A marriage entered into while one party is already legally married constitutes bigamy, which is a criminal offence.
Prohibited degrees of relationship
Marriage is prohibited between certain close relatives, regardless of consent or knowledge. These prohibitions are set out in statute and include (non‑exhaustively):
- parents and children, including adoptive relationships;
- siblings, including half‑siblings;
- grandparents and grandchildren; and
- certain in‑law and step‑relationships.
A marriage within the prohibited degrees is void ab initio, meaning it is treated in law as never having existed.
Procedural requirements: giving notice
Notice of marriage
Before a marriage can lawfully take place, both parties must give formal notice of marriage to a register office. Each party must give notice:
- in person; and
- in the registration district in which they have been resident for at least seven days immediately before giving notice.
Notice must usually be given at least 29 clear days before the ceremony, and the marriage must take place within 12 months of notice being given.
Foreign nationals and sham marriage controls
Where one or both parties are subject to immigration control, additional scrutiny applies and Immigration Enforcement may investigate to determine whether the proposed marriage is genuine.
Forms of valid ceremony
Civil marriage
A civil marriage must:
- be conducted by an authorised registrar;
- take place at a register office or an approved venue; and
- remain entirely non‑religious in content.
Following reforms made permanent in 2022, civil marriages may now take place outdoors at licensed venues.
Religious marriage
A religious marriage must:
- take place in a registered religious building; and
- be conducted in accordance with the rites of that religion.
Depending on the denomination, a registrar must attend the ceremony or an authorised person must register the marriage.
Church of England marriages operate under a distinct legal system. Notably, Church of England clergy are not legally permitted to solemnise same‑sex marriages.
Witnesses and registration
For a marriage to be legally valid, at least two witnesses must be present at the ceremony. The marriage must also be properly registered and signed by the parties, witnesses, and the registrar or authorised person.
Legal consequences of marriage
A valid marriage gives rise to significant legal consequences, including:
- automatic next‑of‑kin status;
- inheritance rights under the intestacy rules;
- entitlement to financial remedies on divorce;
- spousal pension rights; and
- certain evidential privileges.
These legal consequences arise by operation of law rather than by private agreement, although they may be modified by instruments such as pre‑nuptial agreements. Any such agreements will always remain subject to judicial scrutiny.
Conclusion
The marriage of a public figure such as Olivia Attwood illustrates that marriage in England is a highly structured legal process, rather than simply a personal or ceremonial choice. Failure to comply with the legal requirements can have significant consequences.
Different rules apply to marriages that take place overseas, and recognition in England and Wales will depend on the law of the country in which the marriage was solemnised and whether the relevant requirements are met.
How Moore Barlow can help
We understand that family and divorce matters can be emotionally challenging and complex. Our experienced team of family law solicitors provide practical and sensitive advice to help you navigate these complex and emotional situations.
If you would like to discuss any of the issues raised in this article, please contact Louise Barretto, Legal Director in the Family and Divorce Team, on [email protected] or 020 8334 0311.
