Marriage Law Presentation : 11 December 2012
Alison Prestwood - Head of Registration, North Lincolnshire
Tracy Frisby - Superintendent Registrar North East Lincolnshire
Glyn Evans - Superintendent Registrar, Lincolnshire
Aims and Objectives
To ensure all clergy are aware of the legalities relating to marriage in England and Wales
To raise awareness of the requirement to complete registers accurately and submit timely returns
To share good practice
To develop stronger links between the registration service and the Church of England
To raise awareness of the problems which can arise with foreign nationals
Session 1
An overview
The Marriage Act 1949 requires, generally, that a marriage must take place either in a register office,
approved premises or in a place of religious worship that has been officially recorded by the Registrar
General for England and Wales. All Register Offices have lists of buildings where marriages can legally take
place. The Register Office can also give advice about how places of worship can be registered for marriages.
Official Lists
Official List Part II

shows details of all Churches of England

shows details of all Churches in Wales
Official List Part III
shows details of all non-conformist churches in
England and Wales
Official List Part IV
This list contains details of all the Naval, Military and Air Force Chapels in England and Wales
Roles and Responsibilities of Church of England ministers
To ensure that the legal requirements of marriages solemnised in accordance with the rites and ceremonies of
the Church of England are met
What does this include?
Legal marriage preliminaries
Authority for marriage
Registration of marriage
Submission of quarterly returns
When can a Marriage take place?
Can take place any day of the week, including Bank Holidays
Must currently be solemnised between 8am and 6pm although the Protection of Freedoms Act has changed
this for civil marriages only and came into force in Autumn 2012
It is an offence to carry out a wedding outside these hours unless a special licence has been granted by the
Archbishop of Canterbury
Place of Marriage
It is an offence to carry out a marriage in any place other than the one specified in the legal preliminaries
It is an offence to carry out a marriage in any place other than the church in which banns may be published
EXCEPT where a special licence has been granted
Restrictions on MarriageWhere a marriage cannot take place
Where either party is under 16 years of age
Where either party has a pre-existing legal marriage or civil partnership
Where both are the same gender
Where there is a prohibited degree of relationship-by blood or adoption
Prohibited degrees of relationship
Part 1- by blood or adoption
Child or Parent
Adoptive Child or Adoptive Parent
Former Adoptive Child or Adoptive Parent
Grandchild or Grandparent
Sibling
Parent’s sibling
Sibling’s child
Part 2-Relationship between a child and the former spouse or civil partner of a parent
Both parties must be over 21 to be able to give notice of intention to marry
The younger party must NOT have lived in the same household before the age of 18 and must not have been
treated by the other party as a child of his/her family
Both parties must be domiciled in England, Wales or Scotland (if not the marriage could be void if the law of
the country in which domiciled does not accept the relationship)
Access to the public
Any building registered for marriages must allow unrestricted access to any member of the public during the
marriage
This is so that any valid objections can be made
Witnesses
There must be a minimum of two witnesses present at the marriage
There is no maximum number but they must all be able to fit in the register!
There is no age limit but they must be able to understand what is happening and be able to testify to that, if
required to do so in a court
Session 2
Registers
Certificates
Security
Registers and Certificates
These are known as “registration stock”
Stock is provided by the Registration Supplies Unit at the General Register Office
Replacement stock can be ordered free of charge by sending in the tear off slip in the certificate book or by
emailing [email protected]
Make sure you do this in plenty of time if you are running low!
Registration Stock
This includes the following:
Registers-in duplicate
Blank certificates
Forms for Quarterly certified copies
Forms for Nil Returns
What else is required?
You will also need to order some special registration ink from Ecclesiastical Stationery Supplies, Haverhill,
Suffolk Tel 01440 703303
All register entries, certificates and quarterly copies should be completed in registration ink
Security of Registers
Registers are the only legal “hard copy” record of a marriage and should always be kept in a fireproof safepreferably one which cannot be removed easily
They should be kept in a dry place and handled carefully to minimise any damage
Damaged registers can be re-bound if required
New registers can be obtained from GRO
Security of blank certificates
Each book of blank marriage certificates has a certificate issue sheet
This should be completed each time a certificate is issued and the certificate number recorded.
For security reasons it is best to keep the certificate issue sheet separate from your certificates
Blank certificates have a high value amongst criminals and should be kept secure at all times
Missing or Stolen Registers
Always contact GRO or your local Register Office in the event of a loss or burglary
Session 3
Preliminaries
Religious ceremony after a Civil marriage
Immigration Control
Anomalies
Preliminaries to a marriage
If the marriage is according to the rites and ceremonies of the Church of England the preliminaries must be
either:
 Ecclesiastical
or
 Civil
So either Banns for both or Superintendent Registrar’s (SR’S) certificate for both-they cannot be mixed
Superintendent Registrar’s certificate
Most marriages will take place after Banns
There is the option for a couple to give a notice at the register office in the district in which they live, in lieu
of ecclesiastical preliminaries.
Only in this case would you receive SR’s certificates
You would have to check the certificates were valid before carrying out the marriage
If the marriage is solemnized on the authority of Superintendent Registrar’s certificates, there are certain
conditions :
The church must be within the registration district in which one or both parties have completed the full 7
day residence period before giving a legal notice
The church must be in the ecclesiastical parish or district in which one or both live
OR
The church must be the “Usual Place of Worship” of one or both parties
Documents required to give a legal Notice of Marriage
Generally a couple must attend at their local register office to give notice (there are some exceptions for
those who are housebound, detained or too ill to be moved to a place solemnised for marriages)
They must bring proof of the name they are currently known by as well as their date of birth
They must bring proof of nationality-either a passport or birth certificate (If born after 1 January 1983 and
they have no passport, then they must also provide proof of their parents identity-if both are named on
their birth entries)
Other documents required
They need proof of residence-either a utility bill or driving licence
Proof of marital status – if either party has been previously married or in a civil partnership -this could be a
death certificate or a divorce document
Evidence of any name changes
Immigration Control
From 1 February 2005, those persons subject to immigration control who wish to marry have to attend a
“Specified Service Point” at certain designated register offices to give legal notice of their intention to marry.
These offices are trained to deal with notices from foreign nationals
Lincoln and Hull are our nearest DRO’s
Religious ceremony following a civil marriage
Section 46 of the Marriage Act 1949 allows a couple to have a religious ceremony-i.e. blessing, after their
civil marriage.
The couple must produce a copy of their marriage certificate before the religious ceremony may take place
Other anomalies
Publication of Banns for service personnel
Publication of Banns on board ships
One party resident in Scotland
One party resident in Ireland
Marriage of Foreigners in England
A couple can have 2 ceremonies on the same day if they wish (happens rarely-if ever!)
They must complete preliminaries for each ceremony separately as if no other ceremony were planned
It doesn’t matter which ceremony takes place first and both will be registered in the relevant registers
These topics are all covered in the “Anglican
Marriage in England and Wales-A Guide to the
Law for the Clergy”
Session 4
Registers
Pre-Ceremony checks
Completion of registers
Registers
Each Church is supplied with two registers
Every time a marriage takes place in that building, both registers are completed and signed by the officiating
minister, parties to the marriage and the witnesses
A marriage by special licence should be recorded in the registers of the parish church of the parish in which
the place of marriage is situated
The only exception is where a church is temporarily closed for repairs or re-building, the original church
registers should be used for the registration
The register is a legal document and great care should be taken to ensure the entries are accurate and
legible
Entries can only be altered before being finally signed or “completed” by the minister and there is a legally
prescribed process to follow to do this
Section 55 of the Marriage Act requires that the marriage must be registered in duplicate immediately
AFTER the ceremony has taken place
Register completion
The guidance notes state that the entry must only be completed by the Clerk in Holy Orders who
solemnised/witnessed the marriage ceremony
In no circumstances should an entry be written in a register book until the marriage to which it relates has
been legally completed
Pre-Ceremony Checks
It is easy to get caught up in the hustle and bustle on the wedding day and miss ensuring all the legal side is
correct and complete
It is a good idea to check through all the details that are going to be entered in the register on the day
before
The ages, addresses and occupations of the bride and groom could all change since Banns were entered or
notice was given
Pre-Ceremony Checks before completing the Marriage Register
Confirm the names are still the same by asking “what is the name you are known by and have you ever been
known by any other name?”
Confirm the ages-they may both have had a birthday since banns were read or notice given
Confirm marital status ask ”have you ever been through any form of marriage or civil partnership in this or
any other country?”
More Checks
Check their occupations-be as precise as you can but remember not to use abbreviations i.e. someone who
is an “IT technician” would be shown in the register as “Information Technology Technician”
Please don’t use “unemployed”-put last occupation or a line to indicate the space has been intentionally left
blank
Check their addresses and enter the address and postcode they are living at today
Completing the register
Register entries should be completed using blue/black registration ink but only once the marriage is
solemnised
All surnames should be in CAPITAL letters and handwriting should be distinct and clear
No abbreviations should be used
The details in each column should be written in the space provided and not overlap any other column
Completing the register
The Heading
Enter the year of marriage
Enter the name of the church (only include the address if there is another building with a similar name)
Enter the name of the district
Enter the county
Enter the date of marriage as follows:
Day in words
Month in words
Year in numbers
First February 2012
Completing the register
Names
The man’s name is entered in the top box and the woman’s below (This is tradition and not a requirement)
If you do put the woman’s name in the top box, continue the entry making sure the man’s details are
entered below-a correction is not required in this case
The names should be those recorded in the preliminary paperwork and confirmed at the pre-ceremony
check BUT always check again the names being used on the wedding day before writing anything in the
register
Some people may be known by 2 names at the same time. In this case you would record both names like
this “James SMITH otherwise James BROWN”
If the person objects you should inform them of difficulties proving identity which could arise in the future if
both names are not shown
Emigrating, applying for passports, inheritance etc could all be affected
Also, some may have a former name or have changed name since giving notice. In this case you would
record “James SMITH formerly known as James BROWN”
Again, if they object, advise them of potential problems.
In both cases, if they refuse you should only enter the name/surname by which they are currently known
Names changed by Deed Poll

A person may change their name by way of a deed registered with the Central Office of the Supreme Court of
Deeds at the Royal Court of Justice

These Deeds contain 3 stamps-the first states ”High Court enrolment”

The second states “Filed/enrolled”

The third stamp is the date

If a name has been changed in this way enter the new name (usually the current name) followed by the
words “Name changed by Deed Poll”

Solicitors or name change deeds are not acceptable as a ‘deed poll’ and you should always use the term
“formerly known as “in this case to link the current and former name
Completing the register
Age
Enter the age in numbers followed by “years”
25 years
Make sure you check the age is correct and do not automatically take it from the paperwork
Details of Father
Enter the name of the persons natural father
If deceased, put that in brackets after the name ie “John SMITH (deceased)”
Enter full description of father’s occupation with no abbreviations
If retired put in brackets after occupation ie “Heavy Goods Vehicle Driver (retired)”
Step-Father
If married to the person’s mother at any time, you can put his details in if the party requests this
In this case put the name followed by “step-father” i.e. John SMITH (Step-father)
Adoptive Father
If either of the parties has been adopted, record the adoptive fathers name
If the fathers surname is different, you can add (adoptive parent) if they wish
If the sole adopter was a woman, this can also be recorded in the father’s details box as follows “Jane SMITH
(adoptive parent)
Father’s details not known
The couple may not know or refuse to have the fathers details shown
It is worth pointing out that the historical trail will be lost and may have implications if they wish to emigrate
or for inheritance purposes
If they are determined you should put a line in fathers details box to indicate that this space has been left
intentionally blank
Completing the Entry
Always ask the couple to check the entry carefully before they sign it as it is very complicated to make
corrections once an entry has been signed
It is very helpful to write a note in the register of exactly how each person-both the couple and their
witnesses have signed. This should be done in pencil
The same applies to you- someone trying to issue a certificate in 10 years time may find it difficult to read
your signature
Issuing Certificates
The Marriage Act 1949 states you should allow searches of registers to be made “at all reasonable hours”
The search must always be made in the presence of a church official
You can issue a certificate of any entries chosen
You must always use the certificates provided
Completing Certificates
A certificate is a certified copy of a marriage entry
The entry should be reproduced accurately on to the certificate including any official corrections which may
be shown in the register margin
Do not reproduce numbered errors but formal corrections must be shown
Do not ask the couple to sign the certificate or quarterly copy-only yourself or a nominated person should
complete the certificates
Signatures should be written exactly as signed i.e. ‘A.Smith’
The certificate must be signed by a minister of the Church of England who is officiating at the church
Full registers
When the registers are full, the minister must send one register to the Superintendent Registrar of the
registration district in which the church is situated
This is then added to the churches index and retained along with all our other registers
The church retain a register for their own records
Session 5
Quarterly returns
Clergy Returns
All Clergy - both Church of England and Non-conformist Authorised Persons are legally required to make
quarterly returns showing all the marriages which have taken place in that church for the quarter
The returns are sent to the Superintendent Registrar of the registration district in which the church is situated
Timing of Returns
The returns should be received at the latest, by the 15th day of the month following the end of the quarter
Once all are received and indexed, they are sent off to GRO
Completing Quarterly Returns
 They should be completed in registration ink
 It is good practice to complete the quarterly form after each marriage BUT NEVER ask the couple to sign the
quarterly forms-they are always to be completed by you as an exact copy of the register entry
 Reproduce any numbered errors exactly
 Remember that someone at GRO has to be able to read and key in what is written-please print clearly
especially any signatures
 This is when you realise why we ask you to keep a pencil record of exactly what has been written as a
signature
 Don’t forget to complete and sign the back of the return
What happens at GRO?
GRO check all the entries
Divide them into volumes
GRO enter all the entries onto a computer database
They then form part of the national index and people can obtain copies from GRO
GRO
There may be instances where staff at GRO contact you to ask for a copy of an entry
If this happens, please deal with the request urgently as asking clergy to do this is always a final avenue and a
case may be urgent
Why do I need to send quarterly copies in on time?
Local variations
All Registration Districts have slightly different procedures for the collection of quarterly returns
We understand it can be difficult if you are responsible for a number of churches
We have tried to make the process as simple as possible and welcome any feedback from you
Registration Districts
Today we have representatives from the 3 registration districts covering the Lincoln Diocese
Tracy Frisby-North East Lincolnshire
Alison Prestwood-North Lincolnshire
Glyn Evans-Lincolnshire
If you wish any of us to visit you individually or as a group, we would be more than happy to do so. There
may be time at the end if any of you have any burning questions today
Remember……
Tell us if you are leaving
Make sure we have your email address and contact details
Give us a new contact if you are leaving even if it is a temporary one
Tell us about problems sooner than later
Keep us in the loop!
Session 6
Errors and corrections
Types of Errors
There are two types of error
 Those discovered before the entry is complete
 Those discovered after the entry is complete.
An entry is classed as complete when you have signed it and added your official description.
Errors
A register is a legal document and errors cannot just be erased or written over
Never ever use tippex!!
There is a legal, formal procedure set out to deal with the correction of errors
Before the entry is “complete”
You can make what is known as a numbered error
It is much easier to correct an entry before it is complete
It is always worth taking time to check carefully that the entry is correct before you add your signature
Numbered errors
 All errors should be numbered consecutively throughout the register
 To make a numbered error, draw a line through it, so that the word remains legible, and write the correct
word above it.
 Then check back to the last numbered error in the register and add one.
 Put this number in figures next to the incorrect word. Then write the number in margin and add your initials.
If you omit a word correct it this way.
 For example SMIITH SMITH (6) in the column
 Then put your initials and write the error number in the margin ie “Six AEP”
If you have omitted a word, insert a caret ^ where the word should be and write the missed word
immediately above (or below if there is no space)
For example Susan SMITH in the column
^
Jane (7)
In the margin put “Seven AEP”
If a whole group of figures is wrong
Strike through the whole group and replace with correct figures above
For example 2012 (8) in the column
2011
“Eight AEP” in the margin
Errors in Signatures
If one of the parties or witnesses has made an error in his/her signature, put a line through the incorrect
signature and ask that person to sign again correctly, then number that correction accordingly.
If particulars are transposed?
 If the particulars required to be entered in any two columns have been inadvertently transposed you should,
without making any other correction, write in the margin of the entry
 The particulars in columns….and…..’inadvertently transposed’ and add your initials.
Errors in duplicate registers
You do not have to repeat the error in the duplicate entry
The numbering of errors in each register may be different but the information in the entries MUST be the
same
Always reproduce the errors in your quarterly copies
If you discover an error in a completed entry
Don’t panic
Do something about it now! If it is left for years, corrections can take a long time to complete and be more
complicated
Always ring the General Register Office (Marriages Section) for advice 0300 123 1837
REMEMBER
You cannot alter a completed register entry without permission from GRO
There is a legal process to follow
How to make corrections to completed entries
 You will have to submit evidence to GRO to support the correction
 The couple married will usually have to be present and witness the correction
 There are exceptions but GRO will advise you
 You cannot correct an entry until authorised by GRO
 If the error is only in one register, please contact GRO for advice

The correction is made by way of a note in the margin

The correction is usually witnessed by the couple

You must also sign the correction, adding your designation and date of the correction

Where there is an error in both registers the correction must be made in each register at the same time

The quarterly copy will need updating, so if one has already been submitted, an “occasional copy” will need
to be prepared showing the correction
Remember
Never correct an error, even an accidental blot, by:
 rubbing it out
 using correction fluid
 or writing over it
Contacting GRO/RO
It is far better to contact your local Registration district or GRO if you have any problems or worries before
the wedding as taken place
We are there to provide help and make sure the whole process is completed legally