When is a marriage not a marriage? When it’s a non-marriage.
Why does it matter?
If you are legally married and the relationship breaks down, the court has wide powers under the Matrimonial Causes Act to deal with financial and other matters. If you are not legally married, you may have to rely on a complex area of law to provide you with a financial remedy.
If there are children from the relationship, they will not be seen as legitimate, and the father may not have Parental Responsibility for them unless he signed the birth certificate. The Mother would be able to take decisions without taking account of the father’s wishes.
What makes a marriage valid?
There are a number of legal requirements for example, voluntary consent of both parties, no incapacity, (such as below the legal age to marry), no relationship by blood, prior subsisting marriage or physical capability. There are also rules about who may conduct a marriage and at what place.
Most churches are licensed to hold weddings. Some Mosques and Temples may not be licensed and a separate civil ceremony may be necessary.
Members of other faiths may believe that a marriage conducted by a Holy Man is sufficient. They may be shocked to discover that it is not. In particular, a marriage conducted in someone’s house is unlikely to be valid unless conducted by a Registrar under Special Licence. Cultural and language difficulties may prevent a party from questioning the validity of the marriage.
Marriages Abroad
More and more people are choosing to get married in some exotic or romantic place abroad. That’s fine as long as the marriage is conducted in accordance with the legal requirements of that country. It will be recognised under English Law and remedies will be available on relationship break down. A British National cannot however enter in to a polygamous marriage and have it recognised under English Law. Nor can someone marry under age and the marriage be valid.
What to do if you wish to marry abroad?
Check with your tour operator what the legal requirements are of the particular country. Also with the Consulate for that country. Most have websites with helpful information. If in doubt, see a solicitor who can check out the legal requirements for you. In particular, some countries insist that you produce proof that you are free to marry and provide a sworn Statement or other legal document from a solicitor. Some countries even insist that a Doctor’s certificate is produced to prove that the bride is not pregnant!
The law relating to the relationship break down of unmarried persons is complex. There are moves to change the law but until that happens, you should be aware of the difficulties. In particular if you make commitment to marriage, you want it to be just that. You do not want to find that you have no right for example to maintenance, widow or widowers benefits or your partner’s pension. You may also lose out if your partner dies, without making a Will as you would not be entitled to claim under the Intestacy Rules.
Civil partnerships also have to meet specific legal requirements. Provided these are met, parties will have the same status as a married couple and would be entitled to the same remedies on relationship break down.
Make sure it is legal
So make sure whatever type of ceremony you choose, whether in this country or abroad, whether in or out of a place of worship, that it is legal and can be upheld in an English Court of Law should the relationship unfortunately break down.