What Makes A Marriage?

• Published date: 17 March 2021
• Subject Matter: Family and Matrimonial, Family Law
• Law Firm: Burgess Mee
• Author: Ms Kirsty Morris

Prince Harry and Meghan Markle's recent interview with Oprah brought up many issues, one of which was whether they enjoyed a valid marriage ceremony before their much-publicised wedding in St George's Chapel at Windsor Castle. Meghan stated that she and Prince Harry were married three days before their wedding when she and the Prince exchanged vows before the Archbishop of Canterbury in their garden during a private ceremony. There has been some debate as to the status of the latter which at the time of writing has not been clarified nor confirmed.

Celebrating a relationship and affirming a commitment to a partner are hugely personal acts. To create a valid marriage, however, couples must remember that the ceremony must fall within the legal requirements of the Marriage Act 1949 and the Matrimonial Causes Act 1973. In order for a marriage to be valid, the ceremony has to take place in a registered building, the ceremony has to be performed by a specific person, there must be witnesses and advanced notice and publication given about the intended marriage.

The marriage laws in England and Wales are arguably outdated and close to falling foul of the Human Rights Act. The Court of Appeal's decision in Akhter v Kahn [2020] EWCA Civ 122 concluded that it is for Parliament to update the law rather than the courts. In that case, a couple who celebrated their relationship with an Islamic Nikah ceremony in 1996 were held to have a 'non-marriage' and therefore despite living as if they were married for 20 years and having four children together, because the union did not fulfil the criteria of a valid marriage or indeed a...