UK Laws on Same-Sex Marriage: Is It Legal Today?

Yes. Same-sex marriage is legal throughout the UK. It has been legal in England and Wales since 2014, in Scotland since 2014, and in Northern Ireland since 2020. These legal developments came about through UK law and devolved legislation that now allows for marriages between two men or two women. There are protections for religious organizations that do not want to conduct the marriage ceremony. 

Why this is important

Knowing the law helps couples plan their own ceremony, understand their rights, and clarify any differences between marriage and civil partnership. It also helps families, employers, venues, and faith groups understand what their obligations are under equality law.

Quick facts (also at a glance)

Is it legal today? Yes, across the UK.

1. Key legislation: Marriage (Same Sex Couples) Act 2013 (England & Wales), Marriage and Civil Partnership (Scotland) Act 2014; changed in Northern Ireland (2020). 
2. Civil partnerships: Open to same-sex couples throughout the UK and extended to opposite-sex couples in England & Wales (2019) and Scotland (2021-2022). 
3. Religious ceremonies: Possible where the religious body agrees; no faith group is compelled to participate.

The legal picture by nation

England and Wales

The Marriage (Same-Sex Couples) Act 2013 opened up same-sex marriage as a lawful activity in England and Wales. Couples have the option of getting married through a civil ceremony or, if the relevant religious body opts in, through a religious ceremony. The Act also has protections for religious organizations that do not wish to solemnize same-sex marriages.

Scotland

Scotland has passed its own law. Marriage and Civil Partnership (Scotland) Act 2014, which allows same-sex marriage. Marriages can be civil or religious but are only religious if the religious body consents to a valid religious marriage. The Act also modernizes previous marriage law where “marriage” meant both opposite-sex and same-sex couples.

The first same-sex marriages occurred on 13 January 2020 due to the UK Parliament taking action and passing regulations while the NI Executive was not in place. Other regulations permitted same-sex religious marriages with safeguards for religious bodies.

Marriage vs civil partnership (what is the difference?)

Both are legal unions, recognized as civil partnerships, and both give the same fundamental rights: next-of-kin under law, inheritance without a will (if rules apply), pensions (with scheme rules), and routes to parental responsibility. Marriage and civil partnerships are not the same in process or terminology. Marriage uses “husband,” “wife,” or “spouse,” which is formed by a marriage ceremony. Civil partnership uses “civil partners” and is formed by signing a civil partnership schedule; no vows are required. 

Opposite-sex civil partnerships: England & Wales extended these in December 2019; Scotland later followed (under Scottish legislation). Northern Ireland also has opposite-sex civil partnerships in law, so check local guidance in case there are small procedural differences.

Can you have a religious wedding?

Yes, as long as the religious organization is “opted-in and it is conducted by an authorized person. No church, mosque, synagogue, temple, or other religious body is compelled to conduct same-sex marriages, so the “opt-in” and protection of religious freedom are part and parcel of the law in England & Wales, and Northern Ireland regulations also include this. Scotland also allows for religious and belief-based ceremonies so long as both parties agree with the providers.

What rights come with marriage?

When you marry, you gain a large set of rights and responsibilities. These include:

1. Inheritance and tax: Spouses receive spousal exemptions (and capital gains tax exemptions) and can inherit if there are intestacy rules (these vary by nation in the UK).
2. Pensions: Many pension schemes offer survivor benefits (check those schemes).
3. Parental rights: There are ways that both partners can become legal parents (for example, through adoption or parental orders after surrogacy).
4. Immigration: Marriage to a British or settled person can be used as evidence in an application for a spouse visa, but it is subject to the strict requirements of the Home Office (finances, English, etc.).
5. Next-of-kin and medical: Entitlements and decisions about hospital and end-of-life treatment as next-of-kin (note that you may want lasting powers of attorney).
6. Names and documents: You can change your name on your passport, through banks, and on all government-related records with your marriage certificate.

This entitlement is mostly identical for same-sex and opposite-sex marriage.

How to get married: the steps of getting married (in England & Wales)

The process in Scotland and Northern Ireland is similar, but they use local forms and offices. Choose a ceremony type. A civil ceremony at a register office or approved premises, or a religious or belief ceremony where the body has opted in.

1. Give notice: Each of you gives notice at your local register office (ideally 28 days before your ceremony). You will need ID, proof of address, and information about where your ceremony will take place and what type of ceremony it is.
2. Check venue: Make sure your venue has been approved and that your officiant is allowed to marry you. For religious weddings, check that the organization has opted in.
3. Hold the ceremony: You make your declarations and the required civil wording in the presence of your witnesses.
4. Sign schedule/register: Your marriage becomes legal when both of you, the officiant, and your witnesses have signed the schedule/register, and you have any certificates issued at the relevant local authority.

Converting a civil partnership to a marriage

England & Wales: Many same-sex couples who entered into civil partnerships before 2014 proceeded to convert them into marriages. The conversion process is done via register offices or approved venues.

1. Scotland: There are conversion routes that are available as per Scottish regulations.
2. Northern Ireland: Conversions and recognitions depend on Northern Ireland regulations and guidance.

If you are thinking about converting your civil partnership to marriage, remember to check with your local registrar for any fees or specific documentation you should take with you. It’s worth noting that some of the civil partnerships that were converted in the early years were either free of charge or at a reduced fee. For all other couples, the current fee structure applies.

Recognition Outside the UK

Most European nations, along with many others, accept same-sex marriages in the UK; however, the recognition of the marriage and the attached rights may vary from country to country. If you think you will be moving to another country, it is advisable to obtain legal advice in relation to that country. The UK government’s guidance also warns couples to check their recognition prior to any travel or moving, as marriage is generally accepted. 

What about equality protections?

The Equality Act 2010 affords protections against discrimination on the grounds of sexual orientation and sex in employment, services, and more. Venues and service providers usually must not unlawfully decline to provide a service for or host same-sex couples just because they are same-sex couples (with narrow, specified exceptions in the case of some religious organizations, which have specific legal protections in relation to ceremonies.) Using reputable, registered suppliers in the wedding industry and reading and checking the contracts has benefits in reducing risk and reducing worry.