Marriage Regulations

Kieran Mullan Excerpts

Thursday 12th March 2026 Westminster Hall

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I warmly congratulate my right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale (David Mundell)—who I consider a friend—on securing the debate. I could characterise him as a romantic perhaps, given his decision to focus on this topic, and I know from his early-day motion that he has taken a close interest in these issues.

From the perspective of the justice system, marriage is not simply a social institution, but a legal status that carries significant consequences in areas ranging from inheritance and family law to taxation, immigration and parental responsibility. Because of that, the framework governing marriage rightly sits within the responsibilities of the Ministry of Justice. With that responsibility comes an obligation to ensure not only that the legal framework is workable in practice, but that it continues to uphold the seriousness and integrity of marriage as an institution.

The statutory 28-day notice period, the processes surrounding registration, and the complexity of guidance for couples all deserve periodic scrutiny to ensure they continue to serve their intended purpose. Safeguards are essential, and notice periods allow registrars to verify eligibility, while also helping to prevent sham marriages or coercion, but the experiences of couples and registrars suggest there may be circumstances where greater clarity and flexibility would improve how the law operates in practice. However, any move to modernise the framework must be undertaken with care. Reform should not create a system that treats marriage casually or allows the institution to be diluted. Rather, modernisation should reinforce the seriousness of marriage while ensuring the law functions effectively in practice.

My right hon. Friend drew attention to the perspective of Gretna Green—one of the most historic and recognisable wedding destinations in the United Kingdom—which is in his constituency. For centuries, Gretna Green has occupied a unique place in the story of marriage law in these islands. Following the Marriage Act 1753, couples famously travelled north of the border to marry under Scotland’s more flexible rules. That history has become embedded in the cultural identity of the place and has helped to shape a thriving wedding destination that continues to attract couples from across the UK and beyond. Today, that tradition supports not only the ceremonies themselves, but a wider network of hotels, restaurants and local businesses that rely on the wedding sector, and for which my right hon. Friend is a champion and advocate in all the right ways.

The “Love Shouldn’t Wait” campaign launched by Gretna Green Ltd raises a number of practical questions about whether aspects of the current system create avoidable delays for couples wishing to marry. Although the MOJ must rightly approach such proposals with care, it is appropriate that we listen to the experience of those who work daily with couples navigating the system.

From a justice policy perspective, my right hon. Friend’s EDM raised several points: first, whether the current framework provides sufficiently clear and transparent mechanisms for urgent marriages in exceptional circumstances; secondly, whether the system of guidance and administration should be simplified so that couples and registrars alike can navigate it more easily; and, thirdly, whether the continued development of secure digital processes could streamline elements of the marriage registration system, while preserving safeguards against fraud.

However, in pursuing such reforms, we must be careful that the pendulum does not swing too far in the other direction. It is worth remembering that the question of modernising marriage law is not new; over the past decade, successive Governments have recognised that aspects of the legal framework governing weddings in England and Wales warranted wider review.

Most recently, the Law Commission set out a comprehensive package of recommendations for reforming wedding law in its report published in 2022. Among its key proposals was a shift away from the current system in England and Wales, which largely regulates weddings through the buildings in which they take place, towards a model centred on the officiant conducting the ceremony.

Alongside that longer-term review, the previous Government introduced more limited reforms where there was a clear practical need, such as the changes made during the covid pandemic to allow weddings to carry on. However, Ministers at the time were clear that more fundamental questions about wedding law should be considered comprehensively, rather than through piecemeal change. My right hon. Friend has also suggested the appointment of a marriage tsar; I do not know whether he is suggesting that he might be a candidate for that role, but it is something we should look at.

As a member of the all-party parliamentary humanist group, I wanted to touch on the contribution from the hon. Member for Luton South and South Bedfordshire (Rachel Hopkins), because I have a lot of sympathy for the point she made. The Conservative party has not reached a settled policy on it at this stage, but I am personally very sympathetic to her suggestion.

My right hon. Friend the Member for Dumfriesshire, Clydesdale and Tweeddale has rightly drawn attention to the experience of communities such as Gretna Green, where the intersection between legal regulation and real-world practice is particularly visible. By listening to those experiences, and by considering the practical reforms highlighted in EDM 2200 and the substantial work already undertaken on wider wedding law reform, Ministers can help to ensure that our marriage laws remain legally sound and practically workable, while continuing to respect and uphold the institution of marriage itself.

I once again thank my right hon. Friend for securing the debate, and I look forward to hearing the Minister’s thoughts on the concerns raised.