Recent press reports have suggested that a growing number of celebrity couples are having lavish weddings without getting legally married. This begs the question, why have a “fake” wedding, and what are the legal risks associated with this new trend?

Olivia Attwood, Love Island star turned TV presenter, led her public audience to believe that she married her footballer boyfriend in 2023, even documenting her wedding day for the ITV show Olivia Marries Her Match. However, since their recent split, it has emerged that the couple were never husband and wife as they did not legally register their “marriage”.

Similarly, X-Factor finalist and I’m A Celebrity winner, Stacey Solomon, posted all about her idyllic garden wedding in 2022. Since then, Stacey has revealed to the surprise of her fans that she is not actually married to her “husband” Joe Swash, because their ceremony was not legally recognised.

What is the distinction between weddings and marriages?

These celebrities are drawing attention to the important distinction between a wedding and a legal marriage in England and Wales. Simply holding a ceremony where you exchange rings and vows is not enough to create a legally binding marriage. There are strict legal formalities that must be met, for example:

• You must give at least 29 days’ notice to your local register office (unless you are having a Church of England ceremony), and you must get married within 12 months of giving notice.
• A registrar or authorised person must carry out, or be present at, your ceremony.
• The ceremony must be attended by at least two witnesses.
• You must have the ceremony at an approved venue or a registered religious building.
• You and your partner must sign a ‘marriage schedule’, along with your witnesses and registrar.

Does it make a difference if a wedding is legally recognised?

There is a common misconception that living together as husband and wife (in what is sometimes referred to as a ‘common law marriage’) protects unmarried couples with rights equivalent to those enjoyed by married couples.

This is a dangerous myth as there is no such thing as a common law marriage in England and Wales. It does not matter whether a relationship looked or felt like a marriage; the courts do not have the power to redistribute assets to achieve a fair outcome upon separation unless the parties are legally married. Consequently, if a couple separates after a non‑legal wedding:

• They have no right to spousal maintenance
• They have no claim to property held in the other person’s name
• They have no entitlement to the other person’s pensions

Additionally, upon the death of their partner, unmarried couples do not have the same automatic inheritance rights as married couples. This is the case regardless of how long they lived together or whether they shared financial responsibilities.

Therefore, if a marriage is not legally recognised, the financially weaker partner will be left in a much more vulnerable position upon relationship breakdown or the death of their partner.

So why choose a wedding, not a marriage?

Cynically, it could be said that celebrities are using weddings as an opportunity to build their profile, cement their brand and ultimately generate cash. However, there are many more valid reasons why individuals choose not to get married. These could include wanting to retain financial autonomy, not seeing the need to conform to a traditional relationship model or having previously experienced marriage breakdown.

What protection is available for unmarried couples?

For couples choosing not to legally marry, whether celebrities or private individuals, legal planning is vital.

Cohabitation Agreements

Cohabitation agreements set out a couple’s intentions for how finances and assets will be dealt with during the relationship and in the event of separation, providing them with legal protection and financial certainty without obliging them to marry.

Declarations of Trust

If an unmarried couple is sharing a property together, obtaining a declaration of trust can be essential. This is a legal document that records the percentage of equity that each partner holds in a property.

Wills

Unlike legal spouses, unmarried couples do not automatically inherit if their partner dies without a will. This can leave the surviving partner without financial protection and at risk of losing their home or other assets, making it important to seek estate planning advice.