When is a wedding not a marriage? Exploring non-legally binding ceremonies

This project will investigate why marriage ceremonies occur outside of the legal framework for weddings in England and Wales.

There is evidence to suggest a growing number of couples are going through ‘wedding’ ceremonies that are not legally binding. Some individuals who have taken part in these ceremonies wrongly believe themselves to be legally married, leaving them financially vulnerable if their partner dies or the relationship ends. Other couples may choose non-legally-binding ceremonies in order to avoid financial ties, to ensure they cannot be prosecuted for bigamy, or because it is the only way to have a wedding ceremony in the form or place they find meaningful. There is concern that these non-legally-binding marriage ceremonies may be particularly common among certain religious and secular groups, raising questions about whether the law is fit for purpose in a multicultural society. In light of these issues, the Law Commission is undertaking a wide-ranging review of marriage law, while the Government is investigating the possibility of criminalising those who conduct non-legally-binding ceremonies. This project will inform both reviews by investigating why marriage ceremonies are being conducted outside the legal framework; the nature of these ceremonies; the beliefs, practices and desires of those involved; and how proposed reforms could work. It also aims to raise awareness of the law among those who are conducting or participating in these ceremonies, ensuring they are fully informed of potential outcomes.

The study will include focus groups with those who conduct non-legally-binding marriage ceremonies and interviews with individuals who have been married in these ceremonies. The researchers will recruit a diverse sample, targeting different religious groups, ethnicities and locations in England and Wales. Focus groups will be held with secular celebrants; Imams and non-Imams who have conducted nikahs; Hindu priests; and a range of other officiants from other faith groups. They will explore why these ceremonies are being held and whether those conducting them understand and advise couples about the legal implications.

One-to-one in-depth interviews will be carried out with individuals who have participated in either religious or secular non-legally-binding ceremonies in the last five years. The data will be analysed using a number of approaches.

The research will contribute to the Law Commission’s consultation process and provide evidence to inform any future discussions about criminalisation.