Getting Married: The Origins of the Current Law and Its Problems

The laws regulating how and where couples can get married - as opposed to who they can marry - are widely recognised as being in need of reform. The basic structure of the current law dates back to the Marriage Act 1836, and many elements - the requirements for Anglican weddings and differential treatment of Jewish and Quaker weddings - have a still longer history. Despite the law's longevity, many of the current requirements have their origins in past panics, tactical compromises or quick fixes. While the laws enacted in 1836 were shaped by their historical context, even then the legal framework did not fit how couples wanted to marry. This paper traces the history of marriage law reform to explain how we ended up with a set of laws that are highly restrictive, inconsistent and complex, and why reform is needed.