Covid: Pandemic 'has highlighted archaic wedding laws'

Restrictions forcing couples to cancel weddings during the coronavirus pandemic have highlighted "archaic" marriage laws, a legal body has said.

With wedding venues and churches closed for months, many couples have had to put their big days on hold.

The Law Commission wants to see changes in England and Wales to marry at home, outdoors - and even remotely.

The Ministry of Justice said it wanted to ensure the law "better reflects modern society".

The Law Commission said the pandemic had highlighted the laws, some of which date back to the 19th Century, were "ancient" and "unnecessarily restrictive" and had led to weddings becoming more expensive.

Vicars and celebrants told BBC Wales many couples had realised during lockdown they did not care about the "bells and whistles" and just wanted to get married as soon as possible.

While rules have changed in Scotland and Northern Ireland, in England and Wales couples must choose between a civil or religious ceremony with an officiant and certain wording, with no option for a legally-binding ceremony reflecting other beliefs.

Most couples must have their weddings in a registered building - either a place of worship or a licensed venue - and cannot marry outdoors, meaning many had been forced to be postponed due to venues being closed.

But under changes, proposed by the Law Commission, people would be allowed to marry legally "anywhere".

Weddings could also be permitted via video call during any future national emergency, such as another pandemic.

Professor Nick Hopkins, family law commissioner at the Law Commission, which reviews legislation, said the marriage laws in England and Wales had "not kept up with changes in society".

"Our proposals would give couples the freedom to choose the wedding venue they want and a ceremony that is meaningful for them," he said.

After getting engaged at the Glastonbury Festival, Amy Neagle and her fiancé Matt Bartlett had hoped to get married in a weekend-long glamping celebration in the Brecon Beacons in May.

But with their humanist ceremony not being legally recognised, the couple had planned to attend a register office the week before, which Ms Neagle said was not easy when things feel "so uncertain".

"My biggest concern is, is it going to take away from the actual day, as we have already signed the paper...to us it feels like an administrative task," she said.

"It would be great to have the full focus on the wedding day and for it to be legally binding."

Ms Neagle said the couple would go ahead with the date, but might have to change their plans and make tough decisions.

"If worse comes to worse and we can't go Brecon then it would be nice if we could get married in the garden over Zoom," she added.

However, she said they would still have to go to the register office.

"It's sad, but our family and friends understand that we just want to start our married lives together."

Last year during the pandemic, celebrant Sian Julia Jackson performed a ceremony in a back garden of the groom's childhood home, around a tree where his mother's ashes were scattered.

"That was really special ceremony," said Ms Jackson, from Neath Valley.

"People were probably looking from their gardens and could see what was going on.

"For that to be recognised legally would be incredible".

Many Muslim weddings are not classed as legally binding under English and Welsh law, and couples are required to have a civil ceremony if they want to have it legally recognised.

Abdul-Azim Ahmed, the Secretary General of the Muslim Council of Wales, said Islamic marriages could be undertaken by "anyone, anywhere" and the existing laws were "too bureaucratic " and not reflective of the diverse cultures and traditions of modern Wales.

He said changing the law would give couples greater protection in courts, but that there needed to be flexibility to recognise the many reasons couples may not want their marriage to be binding under UK law.

"If the location did not have to be registered that would help remove barriers to getting a ceremony which is recognised in civil law as well as religiously valid for Muslims," he said.

In 2018, 2,223 weddings were held in Church in Wales churches.

With couples paying a standard fee of £455, weddings contributed more than £1m in total towards the estate.

But due to uncertainty during the pandemic, and changing rules regarding ceremonies and receptions, many weddings planned for 2021 have already been pushed back.

At St Giles' Parish Church, Wrexham, the Rev Dr Jason Bray said that while changes in the 1990s to allow people to get married in approved places - like hotels - had seen a drop in bookings, he did not imagine that would happen again.

"For many brides in Wrexham it is their dream place to get married," he said.

Dr Bray said when churches were allowed to reopen, a number of couples had asked to get married as soon as possible, despite restrictions.

"It's been a bit strange really," he said.

"But we've tried to make sure we can give them the best experience we can under the circumstances."

The Church in Wales said that while changes would "likely have an impact on local churches" it welcomed any moves to make it easier for people to get married.

"We believe a church wedding continues to be a very special experience. Churches are not only beautiful buildings, they are rich in meaning from centuries of use by their communities," a spokeswoman said.

The Law Commission's review into marriage law was announced in June 2019 by the UK government and following a consultation the body is considering publishing its findings.

The Ministry of Justice said it had commissioned the review into weddings in England and Wales to ensure the law "better reflects modern society" and would respond after the findings were published.