Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 22 November 2024 to Question 14161, what her Department's timetable is for its consideration of marriage law in England and Wales.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Marriage law is an issue of great importance and one which therefore requires careful consideration. The Law Commission’s report on weddings raises a number of issues around weddings law, and as a new Government we need to take the time to consider these carefully before setting out our position, which we will do in due course.
Asked by: Freddie van Mierlo (Liberal Democrat - Henley and Thame)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of enabling (a) non-religious belief organisations and (b) Humanists to conduct legally binding weddings as religious organisations.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We are aware that non-religious belief organisations, such as humanists, have long been campaigning to conduct legally binding weddings. Given marriage is such a valued part of our society, I hope you will understand that as a new Government we will need time to properly consider our marriage law, including the Law Commission’s 2022 wedding report, before publicly setting out our position.
Asked by: Richard Holden (Conservative - Basildon and Billericay)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of placing restrictions on marriage between first cousins.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Part 1 of Schedule 1 to the Marriage Act 1949 sets out prohibited degrees of relationship for marriage. Section 1 of the Marriage Act 1949 sets out that any marriages that take place within prohibited degrees of relationship are void. Under the legislation, prohibited degrees of relationship for marriage include marriages to a sibling, parent or child, but not marriages between first cousins. The Sexual Offences Act 2003 also makes sexual activity with the above family members, amongst others, a criminal offence, but this does not include first cousins. Placing restrictions on first cousin marriage would require changes to the Marriage Act 1949 and potentially the Sexual Offences Act 2003.
We are aware that all aspects of weddings, including first cousin marriage, are important issues. We will take the time as a new Government to properly consider our marriage law, including the Law Commission’s 2022 wedding report, before publicly setting out our position.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government further to the Written Answers by Lord Bellamy on 16 June and 2 August 2023 (HL8197 and HL9550), whether they will publish a response to the Law Commission Report Celebrating Marriage: A New Weddings Law, published in July 2022, particularly Recommendation 42.
Answered by Lord Ponsonby of Shulbrede
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is their assessment of the recommendation for reform of the Marriage Act 1949 in paragraph 8.50, page 135, of The Casey Review into Opportunity and Integration, published in December 2016.
Answered by Lord Ponsonby of Shulbrede
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the compliance of the Marriage Act 1949 and other marriage law with the right to freedom of religion or belief, as Church of England and Church in Wales marriage ceremonies fulfil legal requirements and are legally recognised, while other religious ceremonies may not be.
Answered by Lord Ponsonby of Shulbrede
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Baroness Cox (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to protect the spousal rights of women who have been married outside of the legal framework for weddings in England and Wales.
Answered by Lord Ponsonby of Shulbrede
We are aware that the Law Commission made recommendations for wholesale change to weddings law in July 2022. These recommendations include recommendation 42, in relation to the creation of offences relating to an officiant dishonestly misleading a couple about the legal effect of a wedding ceremony or failing to disclose that the ceremony they are officiating will not create a valid marriage. We will take the time as a new Government properly to consider the Law Commission’s recommendations and will outline our position in due course.
The Marriage Act 1949 enables religious bodies, alongside the Church of England and the Church in Wales, to conduct legally binding weddings. However, the difficulties which those who have undergone ceremonies which do not qualify as legally binding face when their relationships come to an end is a matter of concern. That is why the Government committed in its 2024 manifesto to ‘strengthen the rights and protections available to women in cohabiting couples’. We will set out the next steps on this manifesto commitment in the near future.
Asked by: Julia Buckley (Labour - Shrewsbury)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when her Department plans to publish a response to the Law Commission report entitled Celebrating Marriage: A New Weddings Law, published in July 2022.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We are aware that the Law Commission made recommendations for wholesale change of weddings law in July 2022. We will take the time as a new Government to properly consider this issue. We will set out our next steps on our manifesto commitment to strengthen rights and protections for women in cohabitating couples in the near future.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment her Department has made of the potential merits of legally recognising humanist marriages.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We are aware that weddings are an important issue for humanists and that the Law Commission has made recommendations for wholesale change of weddings law in July 2022. We will take the time as a new Government to properly consider this issue. We will set out our next steps on our manifesto commitment to strengthen rights and protections for women in cohabitating couples in the near future.
Asked by: Daisy Cooper (Liberal Democrat - St Albans)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department has made an assessment of the potential merits of accepting the recommendations of the report by the Law Commission on wedding law entitled Celebrating Marriage: A New Weddings Law, published on 19 July 2022.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We are aware that weddings are an important issue for humanists and that the Law Commission has made recommendations for wholesale change of weddings law in July 2022. We will take the time as a new Government to properly consider this issue. We will set out our next steps on our manifesto commitment to strengthen rights and protections for women in cohabitating couples in the near future.