The Government has launched a consultation, Tying the Knot: Reforming Weddings Law in England and Wales, which proposes significant reforms to the way marriages are legally recognised. Published on 16 July 2026, the consultation seeks to modernise a legal framework which has remained largely unchanged for many years and ensure that wedding law better reflects the diverse ways in which couples choose to marry today.
The consultation follows the Law Commission’s 2022 report, Celebrating Marriage: A New Weddings Law, which highlighted that the current system can be complex and inconsistent. The Government is now seeking views on proposals to create a more flexible and inclusive approach, including allowing a wider range of religious and belief-based ceremonies to create legally recognised marriages.
One of the key issues the consultation seeks to address is the gap that can arise between a religious or belief-based wedding ceremony and a legally recognised marriage. At present, some couples participate in religious ceremonies believing they are married, only to later discover that the legal requirements for a valid marriage were not met. In those circumstances, the parties may not have the legal status of spouses, despite having lived as a married couple and built a family together for many years.
From a family law perspective, this can have significant consequences. If a legally recognised marriage breaks down, the court has wide-ranging powers to make financial orders, including provision for housing, income and pensions. However, where a couple is not legally married, they do not have access to the same financial remedies, regardless of the length of the relationship or the contributions made by either party during it.
The impact of this legal gap can be particularly serious for those who have taken on a greater share of caring responsibilities during a relationship. Although every family is different, women remain more likely, on average, to reduce their working hours, take career breaks, or step away from career progression to care for children and support family life. Where a couple discovers that their marriage was not legally recognised, the financially weaker party may find themselves without the protections they believed came with marriage.
If implemented, the proposed reforms would mean that a wider range of religious and belief-based ceremonies, including humanist weddings, would have the ability to create legally recognised marriages. This would help prevent couples from inadvertently entering into ceremonies which do not provide them with the legal status and protections they intended.
The reforms would also provide greater certainty for children and families. The legal framework available to married couples following separation is designed to help achieve fair outcomes, particularly where there are significant differences in income, assets or future earning capacity. Ensuring that more couples have access to those protections would help safeguard those who may otherwise be left financially vulnerable.
The consultation is open for responses until 24 September 2026. Following the consultation period, the Government will consider the responses received before deciding whether to proceed with legislative reform. Any changes would require new legislation to be introduced and passed by Parliament, meaning that implementation would take time. However, the consultation represents an important step towards creating a wedding law system that better reflects modern society and provides greater protection for families.
For family lawyers, these proposals are a welcome recognition that the law must evolve to reflect the realities of family life today. No one should discover, after years of commitment, shared finances and raising children together, that they do not have the legal rights and protections they believed accompanied their marriage ceremony.
It is important to remember that, under the current law, individuals whose religious or belief-based ceremonies do not create a legally recognised marriage are generally treated as cohabitees rather than spouses. This means they may have significantly fewer rights than married couples if the relationship breaks down, particularly in relation to financial claims. While the Government has also indicated its intention to reform the law relating to cohabitation, those reforms have not yet been implemented. As a result, ensuring that couples who intend to marry are able to enter into legally recognised marriages remains an important safeguard for families.
If you have concerns about whether your marriage is legally recognised, are unsure about your rights following a religious or belief-based ceremony, or require advice following separation, the Family Law team at Nockolds can help. Our experienced solicitors provide clear, practical advice on marriage, cohabitation, financial claims and children matters, helping clients understand their position and protect their future.