Monday 14 May 2012

Legally yours

While of course you are going to get swept up in all the excitement of planning your wedding it’s crucial to remember the legal requirements involved and the hoops that you have to jump through to accomplish them all.

No matter where you want to do it you can only get married if both bride and groom are over the age of sixteen. Written consent from a parent or guardian is also required in England and Wales if the couple are aged 18 or under and have never been married before.

Whether it’s a religious or civil ceremony in either a church, registry office or one of the new, approved venues, a wedding can take place any day of the week between 8am and 6pm.

A religious ceremony must take place in a church, chapel or place of worship that has been formally registered by the Registrar General for Marriages.

If you’re a bit of a thrill-seeker and plan on exchanging your vows while sky-diving from 12,000 ft or scuba diving in the English Channel, then a small ceremony earlier in the day might be wise - just to take care of all the legal requirements before embarking on the second ceremony with family and friends.

If it’s your dream to get married in a CofE church then at least one of you will probably need to be living in the parish though some other connection – such as having parents who live there – might suffice.

First off, book an appointment with the vicar and find out if he or she is willing and able to marry you and also if the church is available on the date you have in mind.

Once the date is booked, the vicar will arrange for the banns to be called on three consecutive Sundays before the day of the ceremony, or for a common licence to be issued.

The marriage will also be registered by the vicar when the ceremony has been completed and you have signed the register.

The legal requirements for a Roman Catholic wedding are the same as those for civil marriages. But if the church is situated in a different registration district to the one in which you live, you will need to be able to prove to the superintendant registrar that this particular church is your usual place of worship. If you are not able to do this you will be required to give notice in the registration district where the church is located after you have met all the necessary residency requirements.

Since neither the Church of England nor the Roman Catholic Church recognise divorce, second marriages are normally limited to civil ceremonies either in a register office or approved venue.

Some ministers will, however, be prepared to offer a Service of Blessing after the civil ceremony has taken place.

Each of you will have to produce evidence of your name, age, marital status and nationality - for example, a current valid full passport. If you don’t have one, you’ll need two documents - for example a birth certificate and utility bill.

If you have been married before, you’ll need evidence that you are now free to marry - for instance a decree absolute or former spouse’s death certificate.

Photocopies of any documents are not normally acceptable.

Since a change in the law in 1994, more than 3,000 venues throughout the country have become licensed to hold civil weddings. They range from hotels to stately homes, zoos to football clubs. The list of approved premises is available from your local authority and register office.

You still have to give notice of your intention to marry in the same way as you do for register office weddings and, in the same way, you can personalise the ceremony to suit yourselves although no religious music or readings are allowed.

But don’t forget, it is a legal requirement for you to give notice before a civil marriage or partnership takes place. This will be displayed for 21 days, after which the authority for your marriage or partnership can be granted.

Each notice applied for is valid for one year but if you change your mind and choose a different venue then a new notice must be given.

Both you and your partner must give notice in person. If you plan to marry in a different location to where you live then you should contact the registry office beforehand to ensure that they available on the date you have chosen.

Furthermore, you will need to collect your certificate of authority to get married so that it can be handed to the person who is solemnising your marriage on the day itself.

You should both have lived in the area in which you intend to give notice for seven days beforehand and it is important to ensure that you can satisfy all the laws on residency and immigration before you give notice.

This applies to overseas weddings too, but you should always ensure that you have checked the length of residency before your ceremony of the country you intend to marry in as well as any other wedding-related laws at the beginning of your planning process.

THERE’S something very special about a spring wedding.  It’s the favourite time of year for couples to start out on their new life together. But whenever you’re planning to get married, you’ll find the perfect venue for your big day and all the important services you might need to call on to help you through the process - from engagement party to honeymoon - right here in our wedding web pages.