The framework aims to ensure that marriages are entered into freely, lawfully, and with full understanding of their consequences. Marriage in England has evolved significantly over the centuries. Historically, marriage was a religious sacrament regulated primarily by the Church of England. Prior to the 18th century, informal and clandestine marriages were relatively common. The Marriage Act 1753 (Lord Hardwicke’s Act) was the first attempt to formalise marriage, requiring ceremonies to be conducted by a minister of the Church of England and recorded in parish registers.
Subsequent reforms, such as the Marriage Act 1836, introduced civil marriages for nonconformists and non-religious individuals. Over time, legal recognition expanded to include other faiths, and later, same-sex couples under the Marriage (Same Sex Couples) Act 2013. Today, English marriage law reflects a balance between tradition, equality, and personal freedom. Neither party may already be legally married or in a civil partnership. Bigamy is a criminal offence under the Offences Against the Person Act 1861, punishable by imprisonment.
