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.

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.