18 October 2020
The recent case (R (Harrison and others) v Secretary of State for Justice  EWHC 2096) highlights the problem facing many couples who feel they cannot choose to marry as they would wish.
Current marriage law, which dates from can be complex and the consequences of getting it wrong are significant. In the worst case scenario, this could even mean that couples are not married at all in law.
Current marriage law dates back hundreds of years, from a time when Christianity was a fundamental aspect of life. They date from a time where marriage outside a religious place of worship, usually a church, was not considered by most people. The Marriage Act 1949 did not change the fundamental rules of marriage.
Reform to the law has been suggested to be even more relevant during the impact of the pandemic, with restrictions to gatherings and face-to-face presence now being a public health concern.
This article published in The Law Gazette considers the problem facing many couples in more detail. https://www.lawgazette.co.uk/legal-updates/law-commissions-consultation-on-marriage-reforms/5105754.article