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Question for Ministry of Justice

UIN 37365, tabled on 21 July 2021

To ask the Secretary of State for Justice, if he will publish a list of all (a) substantial and (b) minor reforms his Department has made to marriage law since the Marriage (Same-Sex Couples) Act 2013.

Answered on

10 September 2021

The Ministry of Justice is responsible for marriage law in England and Wales. Marriage law in Scotland and Northern Ireland is a devolved matter.

The Government has received a number of representations about making separate provision for humanist marriage in England and Wales. As we have made clear, a Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.

The Government will decide on provision for non-religious belief marriage on the basis of the Law Commission's recommendations.

Since 2013, the main reform related to marriage has been the recent amendment to the Marriages and Civil Partnerships (Approved Premises) Regulations 2005. This follows a commitment made in 2019 to accelerate plans to allow civil weddings and civil partnerships to be held outside through secondary legislation. The change took effect on 1 July and will gives more options to couples and the sector in terms of how civil weddings and civil partnerships are celebrated by allowing all aspects of the ceremony to take place outdoors, within the boundary of the land of which the built premises form part. The proposed location for the outdoor proceedings must be assessed to be seemly and dignified.

This change will provide greater flexibility especially during the pandemic when there are important public health considerations to take into account. This is not radical reform and ultimately it does not change the current law’s focus on premises.

These are time-limited amendments to the regulations which came into force on 1 July 2021 and will expire at the end of 5th April 2022. A consultation will be undertaken in the Autumn of 2021 to consider the practical impacts of this policy in detail and to enable a later amending Statutory Instrument which is not time limited. A full equality impact assessment will be undertaken on completion of the consultation and will be published in due course.

Amending the 2005 Regulations will benefit many thousands of couples who seek a civil marriage or civil partnership formation on approved premises. The power to make provision in regulations for approved premises is set out in statute and extends only to civil marriage and civil partnership formation.