As we live in an increasingly multi-cultural society wedding ceremonies are now much more likely to be conducted for those of numerous different faiths. What steps need to be taken to ensure that your marriage is valid? In order for a marriage conducted in England and Wales to be valid it must comply with the Marriage Act 1949 and the subsequent Marriage Acts. This includes a set of requirements which should be met, including publicising the intention to marry (either through an Anglican church or civil process), complying with rules for the ceremony and registering the marriage correctly. Practically, this often means that some couples will need to undertake a civil ceremony in addition to their religious ceremony if that alone would not comply with the law. The risk is that if the couple knowingly disregard the formalities set out in the Act their marriage will be considered void. Even if the couple mistakenly believed their marriage to be genuine, when they had actually failed to meet the legal requirements, the marriage is regarded as non-existent. The recent case of Dukali v Lamrani serves as a cautionary tale. In that case the marriage ceremony was held in the Moroccan Consulate in England. It did not comply with the law here but instead complied with Moroccan law. The parties and the staff at the Consulate had all believed that it would be a valid marriage ceremony. However, as it was a marriage entered into in England it had to comply with the laws of England. It failed to do so and was therefore a non-marriage. If you are planning a wedding and are concerned about whether it will be considered to be a valid marriage you should obtain advice from a family law solicitor and/or your local registry office.
Gateley provides a specialist family law service with a team based in Manchester. Elizabeth Hassall heads up the family law team, assisted by Esther Edmondson and Joanne Radcliff.
