Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government further to the Written Answers by Lord Bellamy on 16 June and 2 August 2023 (HL8197 and HL9550), whether they will publish a response to the Law Commission Report Celebrating Marriage: A New Weddings Law, published in July 2022, particularly Recommendation 42.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is their assessment of the recommendation for reform of the Marriage Act 1949 in paragraph 8.50, page 135, of The Casey Review into Opportunity and Integration, published in December 2016.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, as Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious ceremonies may not be.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to protect the spousal rights of women who have been married outside of the legal framework for weddings in England and Wales.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is their assessment of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, when Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious ceremonies may not be.
Answered by Lord Bellamy
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the adequacy of current marriage law in an inclusive multi-faith society.
Answered by Lord Bellamy
The law makes provision for couples to marry in registered places of worship in a way that gives them legal rights and protections. Couples may choose instead to have a religious-only celebration alongside a legally binding civil ceremony.
However, the Government does share the concern that some people may have a wedding ceremony that does not give them legal rights and protections, without appreciating the consequences.
As part of its review, the Law Commission made recommendations which seek to ensure that, insofar as possible, couples are provided the same opportunities to legally marry in a way that reflects their beliefs. This would mean fewer ceremonies conducted according to religious rites result in a marriage that the law does not recognise.
The Government is considering its report carefully and will respond in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the urgency of the need for marriage law reform, with particular reference to protection and prevention for women whose religious marriage ceremonies do not comply with legal requirements and may not be legally recognised.
Answered by Lord Bellamy
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Written Answers by Lord Bellamy on 8 November 2022 (HL2958 and HL2957) when their response to the Law Commission’s report Celebrating Marriage: A New Weddings Law published on 19 July 2022 will be published.
Answered by Lord Bellamy
The Government shares the concern that some people, and disproportionately women, may have a religious wedding that is not legally binding, and does not provide legal protections, without appreciating the consequences.
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring there are fewer religious wedding ceremonies that result in a marriage which the law does not recognise.
Marriage will always be one of our most important institutions, and we have a duty to consider the implications of any changes to the law in this area very carefully. We are now taking the time to consider the report’s recommendations and will publish a response shortly.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government when they will respond to the Law Commission’s report Celebrating Marriage: A New Weddings Law, published on 18 July 2022 (HC 557); and what plans they have to introduce further legislation to safeguard women who are in unregistered marriages.
Answered by Lord Bellamy
We are carefully considering the Law Commission’s recommendations on weddings reform. As part of its review, the Law Commission has considered ways of ensuring that fewer weddings conducted according to religious rites result in a marriage that the law does not recognise. We will respond to the Law Commission’s report in due course.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the publication of the Law Commission report, Celebrating Marriage: A New Weddings Law, published on 19 July, what assessment they have made of the Marriage Act 1949 (Amendment) Bill relating to the criminalisation of purporting to solemnise marriages that are not legally registered; and what plans they have to ensure that the Bill is scheduled for a second reading.
Answered by Lord Bellamy
Now that the Law Commission has completed its review, we must take the time to consider the recommendations fully. We know that marriage ceremonies occur outside the legal framework for weddings in England and Wales. The Law Commission has carefully considered this in its report. We will set out our position on this issue, and wider marriage reform, within the formal Government response in due course.