The Legal Requirements for Marriage and Civil Partnerships

Marriage & Civil Partnership Law in England and Wales
Under the current Law for civil marriage and civil partnership in England and Wales, celebrant led ceremonies have no legal status. To be legally married or to form a civil partnership a couple must have a separate civil ceremony in the presence of 2 witnesses and 1 or 2 registrars’ depending on whether they are getting married or forming a civil partnership.

For a ceremony to be legal it can only take place at a register office, at an approved premises, or at a church, chapel or other religious building which has been registered for the solemnisation of marriages or civil partnerships. The exception to the above is marriages according to the Jewish faith or the Society of Friends (Quakers), which can take place anywhere.

How to give notice of a marriage or civil partnership
To get married or form a civil partnership, couples must attend an interview, providing proof of identity and nationality, proof of address and sign a legal statement at their local Registry Office in the presence of a Superintendent Registrar. This is the giving notice stage of proceedings which will cost you £42 each.

Couples must have lived in their resident county for at least 7 whole days and must give notice at least 29 calendar days before their ceremony, but this may be longer if either is subject to immigration control. The ceremony must take place within 12 months of giving notice.

How to book a registrar for your ceremony
If you intend to get married or form a civil partnership at your local Registry Office or an approved premises (because you have chosen to have a celebrant-led ceremony) you can go ahead and do this before or after you have given notice. The register office will recommend that you book the ceremony first, however, you can still give notice if you have decided on a venue but not confirmed a date for your ceremony.

When you give notice, you must state the venue in which your ceremony will take place and this cannot be changed afterwards. If you wish to change the venue or you have stated an incorrect venue, you will have to begin the process again and enter a new notice of intention.

To hold a ceremony at your local Registry Office you can book a registrar up to one year before your ceremony, and up to two years for an approved premises. It’s best to do this as early as possible to ensure a registrar is available on the date you have in mind.

Until 31 October 2024, the maximum number of attendees at Essex Register Office ceremonies was 12 people. This included the couple, two witnesses, and up to eight additional guests.

Beginning on 1 November 2024, the Registry Office will no longer offer statutory ceremonies. Instead, it will introduce a “You Plus Two” ceremony. This intimate ceremony will be limited to just the couple and their two witnesses. The cost to get married or form a civil partnership at the Essex Register Office is £56, and each certificate costs £12.50. You can decide how many certificates you would like to purchase, but the full payment must be made at the time of booking.

The Legal Ceremony
During your legal ceremony, both you and two witnesses must be present. There is no specific dress code; you can wear whatever you prefer. The ceremony at the Registry Office will last approximately 5 to 10 minutes.

For the You Plus Two ceremony, the couple can choose one of three options for declaration and contracting words. Unfortunately, the registrar’s ceremony script cannot be customized. While exchanging rings is not obligatory, it is permitted if the couple wish to do so. After reciting the declaration and contracting words in front of the registrars, the couple, their two witnesses, and the registrars will sign the schedule. A registrar is then responsible for entering the marriage schedule details into the General Register Office computer system. A copy of your official marriage or civil partnership certificate will be sent via 2nd Class mail within 21 working days of the ceremony.

Many couples may not realize they are legally married as soon as they recite the legal words for marriage in front of two witnesses and two registrars, as required by law. Similarly, for a civil partnership, the couple must read the declaration aloud from the schedule or recite after the registrar, before signing the schedule to establish a legal partnership. This must also be done in the presence of two witnesses and one registrar, as required by law.