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Family Solicitors

Law Commission review into marriage reform underway (13 April 2015)

Date: 13/04/2015
Duncan Lewis, Family Solicitors, Law Commission review into marriage reform underway

The government’s review of marriage is underway, with the Law Commission conducting a review of how people can marry in England and Wales and where they can marry.

Family Law Week reports the commission is looking into whether current law on marriage meets the needs of today’s society, while protecting the state of marriage and its benefits to society.

The Law Commission is currently looking at ways in which marriage law might be reformed by the government to meet the changing needs of society, with the commission’s initial findings due to be published by the end of 2015.

The Law Commission review is also likely to look at the rights which marriage brings – including inheritance and maintenance after a divorce or when one party dies.

Issues which the Law Commission is considering in its review include whether certain religious groups should have a legal obligation to solemnize marriages involving same sex couples.
Same sex marriage became legal in the UK in 2014, after the Marriage (Same Sex Couples) Act 2013 was passed.

Some religious groups say they are unable to solemnize same sex marriages on the grounds of religious beliefs, however.
Any future reform of marriage may make this a legal obligation.

It s unlikely that the age of consent for marrying will change, however – it is currently 16 with a parent’s or guardian’s permission or 18 otherwise.

The government has pledged to stamp out forced marriage in the UK, which may involve some girls being married overseas before they reach the age of 16. Sometimes forced marriage is arranged overseas to enable a man to enter the UK on a spouse visa with a view to obtaining a British passport.

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