New marriage law to be discussed by States

The Assembly will be asked to agree a law that will allow for more locations and more people to conduct a marriage, while also continuing to ensure that appropriate checks are in place against illegal, forced and sham marriages.

Other considerations include allowing a marriage between those who were formerly related by marriage or civil partnership and an agreement that a marriage is formed once the celebrant, the person who has performed the ceremony, has signed the return.

In the longer term and once Covid-19 restrictions are no longer in place, the flexibility offered by the new law may also increase the number of non-residents who decide to marry here, in turn providing benefit to local businesses and the economy.

Founder of White Dove Ceremonies in Guernsey and celebrant Jayne White said she was delighted that the law would be discussed this week.

‘This is the next step in the process which will mean that couples will be able to have a legal marriage take place anywhere within the Bailiwick,’ she said.

‘With the new legislation, our celebrants will be able to perform the legal formalities in a variety of new locations, which will open up a range of exciting possibilities.’

Before the new law can be brought into force guidance on the new provisions will be prepared and appropriate training for celebrants will be carried out by the Registrar-General, who will be responsible for the authorisation of celebrants to conduct legal ceremonies.

It is likely to come into action in 2021.

Foreseeing a rise in the number of couples wishing to take advantage of this new law, White Dove are now in the process of training two new celebrants.

P&R’s lead for social policy, Jane Stephens, said the proposals, which the States considered in February 2019, were informed by public consultation which took place in July 2018.

‘The new law will address the issues raised by different groups within the community,’ she said.

‘[While] at the same time give couples more freedom, choice and control over how the most important day of many people’s lives is conducted.

‘Once the new law is in force, the broadened possibilities could provide a benefit to those couples who have unfortunately experienced the disappointment of postponing their wedding to 2021 due to Covid-19.’

The current procedures outlining how couples can be married are set out in the Marriage Law, 1919 which has been amended and added to over the past 100 years.

Once the new Marriage Law has been approved by the States, it will have to receive Royal Sanction from the Queen before being registered in the Royal Court.

All changes under the new law will apply equally to all civil and religious marriage types, including same-sex marriages.

The new law is said to give couples more flexibility through the following provisions:

*Marriage ceremonies may take place in more locations, including outdoors, in territorial waters and in Bailiwick airspace

*Ceremonies may be held at any time of the day, subject to the agreement of the chosen celebrant

*Limited religious content will be permitted in civil ceremonies

*More people will be allowed to legally conduct ceremonies, including non-religious belief celebrants such as humanists, provided that they are authorised to do so

*There will be a more straightforward approach to the preliminaries, such as the arrangements for giving notice of marriage