Legal Requirements

General Register Office
Smedley Hydro
Southport
PR8 2HJ
Tel:- 01704 569 824

Legal Requirements in England and Wales

Summary

If you wish to marry in England and Wales you may do so either by civil or religious ceremony.

A civil ceremony can take place at a register office or other premises approved by the local authority for marriages (e.g. hotel, stately home etc.)

A religious ceremony can take place at a Church or Chapel of the Church of England or Church of Wales or any other place of worship which has been formally registered by the Registrar General for marriages.

Forbidden Marriages

You must not be related to each other in a way that is forbidden by Law

Minimum Age

The minimum legal age for getting married is 16 years old. In England and Wales the written consent of the parents or Guardians is required for persons who have not reached 18 years old and have not been previously married. If either of the persons is below 18 a birth certificate must be produced. It is preferred that all persons produce such evidence.

Sex

It is a legal requirement in the United Kingdom that one partner must have been born a male and the other a female.

Consent

Both partners must be acting by their own consent.

Sound Mind

Both partners to be married must be of sufficiently sound mind to understand the nature of the marriage contract.

Second and subsequent marriages

There is no limit to the number of marriages you can enter into providing you are free to do so. That is you are widowed or have been divorced and granted a decree absolute. Evidence will be required to be produced i.e. original death certificate or divorce absolute certificate with the original court seal. (photocopies are not acceptable)

Location

A marriage in England and Wales must take place in one of the following:

• A District Register Office
• A church or chapel of The Church of England or Church of Wales
• An approved building - approved by the local authority under procedures dictated by the marriage Act 1994
• A Naval, Military or Air Force chapel

Procedure

Civil Ceremony

If you wish to marry by civil ceremony, that is at a register office or other approved building for civil marriage, you should first contact the Superintendent Registrar of the district where you wish to marry. You may marry at any register office or approved premises of your choice in England and Wales. However, for a marriage in an approved premises, you will need to make arrangements at the venue in question. In addition you will need to give a formal notice of your marriage to the Superintendent Registrar of the district(s) where you live.

Church of England or Church of Wales

If you wish to be married in the Church of England or Church of Wales - and generally you will be able to so so only if you or your partner live in the parish - you should first speak to the Vicar. If he is able to marry you he will arrange for the Banns to be called on three Sundays before the day of the ceremony or for a common license to be issued. The marriage will also be registered by the Vicar and there is generally no need to involve the local Superintendent Registrar.

Other places of religious worship

If you wish to marry by religious ceremony other than the Church of England or Church of Wales you should first arrange to see the Minister or other person in charge of marriages at the building. However, the Church or religious building in question must be in the registration district where you or your partner live.

It will also be necessary to give formal notice of your marriage to the Superintendent Registrar of the district(s) where you live. A registrar may also need to be booked.

The legal formalities

Unless you are marrying in the Church of England or Church of Wales by Banns or Common License You and / or your partner must attend personally at the register office for the district(s) where you live and give notice of your marriage to the Superintendent Registrar.

Notice of marriage can be given in one of two ways:

Superintendent Registrar's certificate without license

This is the most common form of notice and a form giving the couples names and addresses, ages and location of the ceremony will have to be completed together with a declaration that there is no legal objection to the marriage.

Residency requirements

• If both partners reside in the same registration district. Each partner must have lived in that district for at least seven days prior to giving notice to the Superintendent Registrar of that district. Either party may give notice.
• If the couple reside in different districts to each other, then each person must give notice in his/her district or either party must give notice in both districts.
  However notice cannot be given until both persons have lived in their respective districts for at least seven days.
• After the Superintendent Registrar has established that he can take notice of marriage, it is entered into a marriage notice book and a statutory form is displayed on a public notice board for 21 clear days. (This is the equivalent period that banns are published in the Church of England) The reason for this is to allow anyone who has any objection to the marriage to register his objection.
• A certificate of marriage is then issued (Not a Marriage Certificate which is issued after the wedding) and held at register office until the day of marriage. If notice of marriage is given in two districts, then one should be collected by the couple as it will have to be produced before the ceremony can go ahead.
• The marriage has to take place after 21 days and within one year of Notice of marriage having been given. If the marriage is postponed beyond the one year fresh notice will have to be given. (e.g. if notice is given on 1 July the marriage may take place on or after the 23 July)

Superintendent Registrar's certificate and license 'Special License'

License or 'Special License'

This requires that one of you has lived in the registration district for at least 15 days prior to giving notice at the register office. Your partner need only be resident of or be physically in England and Wales on the day notice is given. This is a more expensive option but it then allows a marriage to take place after only one clear day of giving notice ( excluding a Sunday, Christmas Day or Good Friday). Be ready to provide certain documents to show the Superintendent Registrar these may include a passport or some other form of identification. If either of you are divorced you will need to show a decree absolute of your divorce. (e.g. you can give notice on a Monday and be married on the Wednesday)

How far in advance to book

A notice of marriage is valid for one year. You may therefore not give notice of marriage to the Superintendent Registrar more than a year before the date of the Wedding. The sooner you arrange to book the marriage the more likely it is that you will get the date and time of your choice. The Superintendent Registrar will be able to give you more precise information in this respect.

Documents needed

When you visit the Superintendent Registrar or Vicar to make the formal arrangements you will need to produce certain documents, for example if you have been married before a decree absolute of divorce bearing the court's original stamp, or if your previous spouse has died a certificate of death.

It would also be useful if your birth certificate or passport (or some identity document) could be produced. Photocopies are unlikely to be accepted. Other documents may also be needed depending on the circumstances, for example, the consent of parents to a marriage where one of the partners is under the age of 18 years old.

If you are not able to provide any of the above documents the Superintendent Registrar will explain what other documents may be acceptable.

Please Note

A marriage cannot go ahead unless the legal formalities have been completed.

Notice of marriage must be given in person to the Superintendent Registrar by one or both of the partners. No one else can do so on their behalf.

Where an advance booking for marriage has been made it is essential that a formal notice is given to the Superintendent Registrar once it is within three months of the marriage.

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