Sunday 14 March 2021

Changes to English and Welsh marriage registration law set to take effect in May

Several changes are due to come into effect from May 4th 2021 in England and Wales with regard to the registration of marriage, following the implementation of the Civil Partnerships, Marriages and Deaths Act 2019

One of the changes addresses a longstanding deficit south of the border in finally permitting the names of both parents for each spouse to be recorded on a wedding certificate - something which has always been the case in Scotland since registration started here in 1855, but never before faciliated in English and Welsh registration history since it started in 1837. Until now, mother's names in England and Wales were not recorded on marriage certificates.

There are are other changes being implemented with regards to the duties of English and Welsh clergy in registering marriages. These are summarised in HM Passport Office's Clergy Newsletter Issue 10 (https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/963794/Clergy_Newsletter_10th_Edition_Feb_2021_V1.pdf) as follows:

What won’t change:
• You will still be required to ensure couples meet the requirements to marry in your building.
• You will still be required to ensure couples complete the relevant preliminaries, i.e.:  the calling of banns, issue of common or special licence or,where required, the prior attendance of the couple at the relevant register officeto give their notices of marriage in the correct timescale.
• You will still be required to conduct pre-marriage checks and confirm that the details contained on the marriage document or marriage schedule are correct before the marriage proceeds.
• The marriage will still be performed by Church of England or Church in Wales rites.
• You will still use registration ink to complete the marriage schedule.

What will change:
• You will be required to create a marriage document or obtain the marriage schedule prior to the date of marriage.
• You will no longer complete the formal register for the marriages you solemnize (There will still be a register kept by you for the records of your church).
• You will no longer issue the legal marriage certificates.
• The completed marriage document or marriage schedule must be returned to the register office for the registration to take place in the electronic marriage register before a certificate can be issued.
• You will no longer need to complete quarterly returns for marriages which take place in your building.
• You will no longer be responsible for corrections in marriage registers. After the changes are introduced, all corrections to marriage entries will be carried out by the registration officersor GRO.
• The electronic register will also allow for the names of parents of the couple (mother / father / parent) to be included in the marriage entry instead of only their fathers’ names as is currently the case.

The Church Times has further coverage of this at https://www.churchtimes.co.uk/articles/2021/5-march/news/uk/mothers-to-be-named-on-marriage-certificates.

The act also extends provisions for civil partnerships between two people not of the same sex. It can be read in full at https://www.legislation.gov.uk/ukpga/2019/12/contents/enacted. (NB: Changes to civil partnership law in Scotland were enacted on July 20th 2020 - see https://www.legislation.gov.uk/asp/2020/15/enacted)

Chris

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