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Saturday, 21 November 2009

Marriage and civil partnership: your legal obligations

You need to 'give notice' and supply some personal information and documents to be married or form a civil partnership. There are also laws concerning immigration and your residency status.

Giving notice of marriage or civil partnership

You both must give notice in person - no one else can do it on your behalf

It is a legal requirement to give notice in advance of marriage or civil partnership. Your notice is publicly displayed for fifteen days, after which the authority for your marriage or civil partnership can be granted. Each notice is valid for one year, but if you decide to change venue, new notices must be given.

If you are getting married in the Church of England or Church in Wales, then you do not usually have to give notice of marriage.

If you are having a civil marriage or civil partnership, you both need to go to your local register office to give notice. If you plan holding your marriage or civil partnership in a different area, you should also contact the local register office for that area before you give notice, to ensure that officials will be available on the day.

You both must give notice in person - no one else can do it on your behalf.

If you are giving notice in Wales, you may give this in English, or in English and Welsh. If notice is to be given bilingually, both the couple giving notice and the officer must be able to understand the Welsh language. All local authorities in Wales have at least one Welsh speaking officer or deputy.

Before you give notice, you should make sure that you are able to satisfy the laws concerning residency and immigration control.

Your residency status before giving notice

You both need to have lived in the area in which you wish to give notice for at least seven full days, immediately before giving notice.

For example, if you arrive on Tuesday 1 March, the seven day period starts the following day, Wednesday 2 March, and is complete on Tuesday 8 March. You can then give notice on Wednesday 9 March.

This applies to all including those travelling from overseas for a marriage or civil partnership in England and Wales. Exceptions to this are listed below, but only if neither party are subject to immigration control:

For marriages:

  • British or Commonwealth citizens are able to give notice in the country they are living in, provided that that country has signed up to the 'British Subjects Facilities Acts 1915 and 1916'. You can find out which countries are eligible below. The other party must be a resident of England or Wales

For marriage and civil partnerships:

  • if one person is resident in England and Wales, then the other person may also give notice in Scotland 
  • officers, seamen or marines on one of Her Majesty's ships at sea can give notice to the captain or other officer commanding the ship, provided the other person is resident in England and Wales

Are you subject to immigration control?

If you or your partner are subject to immigration control, you need one of the following to give notice of marriage or civil partnership:

  • a visa providing you entry clearance, expressly for the purpose of marriage or civil partnership in the UK
  • a certificate of approval with written permission of the Secretary of State – you can get this from the Home Office
  • a document showing that you have settled status in the UK, e.g. Indefinite Leave to Remain

You also need to give notice of marriage or civil partnership at one of the 76 designated register offices in England and Wales. You need to attend the register office together.

You are not subject to immigration control if you have the right of abode in the UK, or are one of the following:

  • a British citizen
  • an EEA national
  • a member of visiting forces from NATO and Commonwealth countries
  • a diplomat that is not subject to immigration control

Details you need to provide to give notice

You will need to provide evidence of a divorce or dissolution if you have previously been married or in a civil partnership

You need to provide the following details :

  • full name 
  • age - the minimum legal age in England and Wales is 16 years of age, but written consent may be required under 18 years
  • address
  • nationality
  • current status – for example single, divorced
  • occupation
  • intended venue for your marriage or civil partnership

You will be asked for documentary evidence for some information, for example your nationality, so it is advisable to take your passport. You will also need evidence of the ending of any previous marriage or civil partnership.

If you are subject to immigration control, you need to produce documentary evidence to confirm that you satisfy the eligibility requirements.

For events in Scotland or Northern Ireland

You can contact the relevant General Register Office using the links below.

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