The definition of marriage


Published by a ³ÉÈËÓ°Òô Family expert
Practice notes

The definition of marriage


Published by a ³ÉÈËÓ°Òô Family expert

Practice notes
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This Practice Note looks at how marriage is defined in law, including the marriage of same-sex couples. It also considers case law on the capacity to marry and in relation to the formalities of marriage.

The statutory provisions in relation to marriage are largely contained the Marriage Act 1949 (MA 1949) and the Marriage Act 1994 (MA 1994). This Practice Note considers both the formalities for a valid marriage and capacity to marry. The Marriage and Civil partnership (Minimum Age) Act 2022 (MCP(MA)A 2022), which is in force from 27 February 2023 amends MA 1949 by increasing the minimum age for marriage from 16 to 18, bringing an end to provisions allowing for 16–17-year-olds to marry with parental or judicial consent (see: LNB News 10/08/2022 22).

General Principles

The definition of marriage has been considered in cases relating to capacity to marry. In Re SK (vulnerable adult capacity), Wood J considered an Application by a local authority for, inter alia, a declaration that a vulnerable adult lacked the capacity to marry. He referred to the case of In the

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Jurisdiction(s):
United Kingdom
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Key definition:
Civil partnership definition
What does Civil partnership mean?

The legal relationship between two people of the same sex affording them broadly the same rights available to heterosexual couples who choose to marry.

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