Introduction

This introductory chapter focusses on the status of cohabitants and those in religious only marriages, the similarities in how they are treated by the law and the potential solutions that could be adopted. It shows that law reform is needed in the light of new and evolving relationship norms and the poor outcomes on relationship breakdown for all cohabiting couples, including those in religious-only marriages. It considers legal solutions which fall broadly within two categories: (1) amend wedding laws to facilitate simpler procedures for legal recognition thereby encouraging more couples to legally marry; and (2) extend family law rights available to all legally recognised couples to include those in cohabiting relationships.

Determining the Boundaries Between Valid, Void and ‘Non-Qualifying’ Marriages: Past, Present and Future?

This chapter explores the development of different categories of marriage: non, void and valid. It argues that it is crucial to understand the evolution of the concept of ‘non-marriage’ in order to appreciate its legal necessity today in light of the current state of the law. It also suggests that a correct understanding the evolution of this category of marriage will enable reform to minimise the likelihood of a wedding either resulting in a void marriage or no marriage at all. Finally, it proposes options for reform.

From Regulating Marriage Ceremonies to Recognizing Marriage Ceremonies

This chapter argues for a post-ceremony registration system for weddings, similar to the registration of births and deaths, which would enable varied forms of marriage ceremony to be legally recognised. It contextualises ‘the Muslim problem’ and examines Muslim attitudes towards the nikah ceremony. It argues that individuals should be able to determine for themselves when and how they marry and that the state’s interests can be protected by such a post-ceremony registration system.

In Pursuit of an Islamic Divorce: a Socio-Legal Examination of Practices Among British Muslims

This chapter surveys the practices of Islamic marriages and divorce among British Muslims, highlighting the importance of religious divorces to mark the end of a marriage. It looks at the various forms of ADR that have evolved in Muslim communities to deal with the lack of legal recognition of nikahs. It then argues for the establishment of a general standard of best practice for faith-based dispute resolution forums such as Shariah Councils, in order to safeguard and empower women users, and redress any imbalances in the process.

Nikah Ceremonies in the UK: a Tool for Empowerment?

This chapter engages with the issue of polygyny and religious-only marriages. It focusses on women who voluntarily opt for non-legally recognised marriages and proposes solutions which respect women’s autonomy in relationship decision making, while offering legal protections to those who are vulnerable. It proposes legal recognition of religious ceremonies of marriage with a mutual ‘opt-out’ provision allowing couples to choose to place themselves outside of family law provisions.

‘Cohabitants’ in the Law of England and Wales: a Brief Introduction

This chapter focusses on the legal position of cohabitants in English law, noting that these non-legally recognised couples are the fastest growing family type. It discusses the nature and the legal status of these relationships, and the lack of a coherent set of laws regulating them, instead requiring couples to hunt in various corners of the law in search of rights, duties and other legal provisions which are applicable to them.

The Case for Moving Away from ‘Non-Marriage’ Declarations

This chapter examines ‘non-marriage’ declarations in English law. It discusses the relevant legislative provisions and case law relating to marriage formalities and details the legal position of those within such non-recognised relationships. It then notes the inadequacy of the current law and argues for reform, proposing various options including a tiered model of cohabitation classification.

Conclusion

This chapter sums up the state of debate in the field. It highlights the problems with the current law as discussed throughout the book and emphasises the need for major reform. It ends on an optimistic note by drawing attention to the current Law Commission project to design effective marriage laws.

Religious-Only Marriages and Cohabitation: Deciphering Differences

This chapter explores the similar legal outcomes faced by cohabitants and those in religious-only marriages. It argues that law reform recommendations which focus solely on religious-only marriages while ignoring the often-identical outcome for cohabitees are erroneous, and that law reform providing legal rights for cohabitees will protect both types of families.

‘Regrettably it is not that Simple’: the Case for Minimalistic Marriage Laws

This chapter looks at the inadequacies of English law and notes their needless complexity. It criticises Akhter v Khan and suggests that reform guided by nudge theory offers a promising solution. It then makes the case for moving towards a minimalistic law of marriage.