Joanna Newton, partner at Stowe Family Law, says:
It is interesting to see that the new Labour government is considering the 2022 Law Commission report, which contains recommendations for reform of marriage law. The report suggested that the regulation of marriages should be based on the clergyman, rather than the building in which the ceremony takes place. This would allow non-religious faith groups to conduct legally binding marriages, provided the clergyman is registered.
Legalising humanist wedding ceremonies would certainly be a recognition of the importance of a multi-religious society and of changing societal attitudes towards marriage and relationships. It would give legal recognition to the love between couples regardless of their faith.
Humanist weddings have seen a dramatic increase over the last 20 years, with the latest statistics (from 2020) from Humanists UK showing that humanist weddings have increased by 266% since 2004.
Currently, couples who have had a humanist wedding are not married in the eyes of the law. They are considered ‘civil partners’. Cohabitation is the fastest growing family structure in the UK but is not a legally recognised relationship status, meaning there is very little financial protection should the relationship end or one person die, although many people are unaware of this. In a survey we conducted at Stowe Family Law, 46% of respondents believe that civil partners have the same legal rights as married couples.
If couples want their marriage to be legally recognized, they must also have a civil ceremony. Marriage is a legally binding contract, and breaking it has consequences, and some couples want to remain financially and legally independent even as they express their unity socially through a humanist wedding ceremony.
Legalizing humanist weddings would deprive couples of this option, giving those who have a humanist ceremony the same rights and responsibilities as those who enter into a civil or religious marriage. Although this would give them the financial and legal protections not currently afforded to unmarried couples, it takes away their freedom of choice to remain financially independent.
Humanist weddings are legal in Scotland, Northern Ireland, the Republic of Ireland and the Channel Islands. England and Wales are certainly lagging behind in many areas of reform, but legalising humanist weddings may have to come with a caveat: the marriage will be recognised, but there will be the option to remain financially independent.
