25/07/2022
The UK Law Commission Report, Celebrating Marriage: A New Weddings Law; was published on 18 July. It is expected that this report will be the basis of new legislation completely changing the basis of weddings in England and Wales. It will transform the law from a system based on the building in which a ceremony takes place to an officiant-based schemes.
The Government will still have to recognise non-religious bodies, e.g. Humanist UK, as providing officiants but this is probably inevitable as the High Court has ruled that to not do so would be in breach of Human Rights Laws. The definition of a non-religious belief organisation one whose sole or principal purpose is the advancement of a system of non-religious beliefs which have a level of cogency, seriousness, cohesion and importance that brings them within the meaning of article 9 of the European Convention on Human Rights.
Legal weddings will have to take place within England or Wales. So how does this affect ex-patriate weddings in Spain or Gibraltar. These fall into two categories. Weddings of UK residents who travel to Spain for the explicit purpose of getting married and British citizens who are resident in Spain or countries other than the UK.
For UK residents, they would need to complete the preliminary registration formalities, notice of marriage, in the UK and attend in person interviews with registration officers. Their Humanist wedding would then be legal. For non-UK residents it is less clear. Humanists UK will be petitioning the Gibraltar Government to change Gibraltar law in line with the changes in England and Wales and, hopefully, this will provide the route for legal Humanist weddings for non-resident British citizens.
This is a very brief summary of what will be a major change in the relevant wedding law. If you do need any further information, please do get in touch with me and I will do my best to answer your queries. This is a very exciting time for weddings and it should certainly mean that you no longer have to go through two ceremonies.