Before the Big Day: Legal Requirements for Weddings

To marry a couple in an Independent church requires adherence to some legal processes to allow the wedding to be registered and a certificate issued.

Depending on the situation, a number of options may be available. But in all of them, the couple is at least required to register their intention to marry at the local registry office at least 6 weeks before the wedding (or even earlier if either or both in the couple are not British nationals).

This can be arranged through the local registry office (contact details are available via your local council website): a fee will be payable and both in the couple will be required to produce identity documents and attend an interview.

For the wedding itself, the following options are available:

Option 1: Separate the legal ceremony from the wedding service

This option is most suitable for churches who do not have a building registered as a place of worship.

It is also suitable for couples who want to get married in a venue not registered for religious wedding ceremonies – including a school hall, community centre, or in a wedding venue (such as a hotel) which is only licensed for civil weddings.

• The couple registers their intention to marry with the local registry office.
• The couple will also need to book a civil wedding in their local registry office.  This will be their legal marriage (and for future documentation purposes, the date of their marriage).  This may be very short, only including the essential elements to register a marriage.
• A wedding service including the chosen promises before God and those present can then be conducted in the venue of the couple’s choice. For example:
  • The regular meeting place of the church (a school hall or community centre).
  • Venues, such as hotels or wedding venues, who are only licensed for civil weddings (which are not allowed to have any religious content) are often happy for couples to hold a “wedding service” in their event room as long as it is legally not the marriage.

Depending on availability, the legal ceremony and the church service can happen on the same day or on consecutive days.

Another option for a church without a building is to "borrow" a building from a church that does! See options 2 and 3 for more.

Option 2: The service takes place in the church building registered for marriages with a registrar present

Any church building which is registered with the General Registry Office as a place of worship may apply to be registered for marriages too.

Church buildings which are already registered for marriages can be viewed on the Government website.

If a building is not already listed as registered for marriages, you can apply to register it using the application form on the Government website. It is important to check first before applying to avoid any regulatory concerns.

This option is suitable for churches who meet in a registered place of worship which is also registered for marriages, but do not have their own “authorised person” (see option 3 for more on authorised persons):

• The couple registers their intention to marry with the local registry office.
• The couple books a registrar through the local registry office, who will attend the wedding service and ensure that all of the legalities are met.  There will be a fee payable to the registrar.
• In this situation, the expectation is usually that the legal formalities will take place at the beginning of the service, enabling the registrar to perform their role and then leave.

Option 3: The service takes place in church building registered for marriages with the church’s own “authorised person” present

Churches who meet in a registered place of worship, which is registered for marriages, may also appoint and registered “authorised persons” – that is, individuals who are permitted to oversee the legalities of a wedding (effectively acting on behalf of the registrar).

Most commonly, the authorised person would be someone other than the pastor to enable them to concentrate on their role in performing the ceremony.

• The couple registers their intention to marry with the local registry office.
• The authorised person must follow the guidance provided (see here - A Guide for Authorised Persons), must ask certain questions in advance of the service, must hear the required wording, and must ensure that the paperwork is completed and returned to the registry office within the specified timeframe.

It should be noted that there are additional requirements for individuals wishing to marry who are not British nationals: for additional identity checks and longer notice periods.

Couples should also be reminded that they must pre-order their marriage certificate – this can be done online via the Government website.