Religious-only marriages & officiant-based marriage law reform: an Irish perspective

The appropriateness or otherwise of the law governing entry into marriage in England and Wales has come under ever increasing scrutiny in recent times. Much of this focus arises, in particular, from concerns over the apparent proliferation of unrecognised – so-called ‘nikah-only’ – Muslim marriages in the jurisdiction. Reflecting the conclusions of the Law Commission for England and Wales (see Getting Married [2015]), Probert notes, ‘[i]t is widely agreed that the current law of marriage is outdated, overly complex, unfair, and ineffective’ (‘Criminalising non-compliance with marriage formalities’ [2018] 48 Fam Law 702). The need for urgent law reform adopting a more modern and streamlined approach to the regulation of marriage appears undeniable