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When is a wedding not a marriage? Exploring non-legally binding ceremonies : a briefing paper for the law commission

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Probert, Rebecca, Akhtar, Rajnaara C. and Blake, Sharon (2021) When is a wedding not a marriage? Exploring non-legally binding ceremonies : a briefing paper for the law commission. Nuffield Foundation.

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Abstract

In 2020 the Law Commission published a consultation paper setting out provisional proposals for reform of the law governing weddings. In this briefing paper we draw on empirical research findings from a study funded by the Nuffield Foundation to analyse the potential impact of those proposals. Our study investigated why ceremonies are being conducted outside the legal framework, the nature of such ceremonies, and the beliefs, practices, and preferences of those involved.
Using group and individual interviews and focus groups, it engaged 170 participants who had conducted or had had a non-legally binding wedding ceremony. These ceremonies took a range of different forms, reflecting the varying faiths, beliefs, and choices of participants.
67 of the 83 non-legally binding wedding ceremonies reported by interviewees were accompanied by a legal wedding, providing an insight into how the current processes work in practice.
Participants regarded the current law as outdated and in need of reform to reflect changes in society including, though by no means limited to, religious and cultural diversity. Key issues here were the perceived lack of recognition of ‘non-Christian’ ceremonies, the nonrecognition of ceremonies conducted by Humanist and independent celebrants, and the limited options for interfaith weddings. Many also considered the legal processes for getting married to be complex and uncertain, with unexpected barriers.

Item Type: Report
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law [LC] > K Law (General)
K Law [LC] > KD England and Wales
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Consultation paper (Great Britain. Law Commission), Weddings, Marriage law -- Great Britain, Conflict of laws -- Marriage, Christianity and law, Domestic relations
Publisher: Nuffield Foundation
Official Date: 1 December 2021
Dates:
DateEvent
1 December 2021Published
Number of Pages: 162
Status: Not Peer Reviewed
Publication Status: Published
Date of first compliant deposit: 11 January 2022
Date of first compliant Open Access: 12 January 2022
RIOXX Funder/Project Grant:
Project/Grant IDRIOXX Funder NameFunder ID
FR-384Nuffield Foundationhttp://dx.doi.org/10.13039/501100000279
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