Not All Weddings Create a Marriage: The Legal Reality Explained

It recently came to light that reality TV star and radio host Olivia Attwoods marriage to footballer Bradley Dack was never valid, despite their wedding journey being documented as a 12-part series on national television.

The couple wed at a luxury London hotel in 2023. However, it has since emerged that their marriage is not legally binding, as the hotel reportedly did not have a marriage license at the time.

What Makes a Marriage Valid in England and Wales?

For a marriage to be legally valid, it must comply with the following requirements of the Marriage Act 1949:

• The ceremony must take place at a licensed venue
• Proper notice of marriage must be given
• The marriage must be conducted by an authorised person or registrar
• The correct legal formalities and documentation must be completed

If these requirements are not met, the ceremony will be treated as a non-qualifying ceremony, and it will have no legal effect at all.

Financial Consequences of an Invalid Marriage

Where a marriage is not legally valid, the parties are not afforded the protections of matrimonial law.

In a valid marriage, assets are generally treated as part of a shared “matrimonial pot,” and the court has a wide discretion when determining the division of matrimonial assets regardless of whose name they are in. For example, a spouse will acquire a beneficial interest in the family home even if it is legally owned by the other party.

However, where there is no valid marriage, assets remain in the legal owner’s name and there is no automatic sharing principle.

No Protection Under Matrimonial Law

Married couples who choose to divorce can benefit from the wide discretionary powers of the court under the Matrimonial Causes Act 1973, which allows for:

• Property adjustment orders
• Lump sum orders
• Spousal maintenance
• Pension sharing

However, unmarried couples who choose to separate cannot rely on these provisions.

Limited Financial Remedies

Unmarried Couples who separate must instead rely on other legal routes, such as:

• Civil claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) claims (in relation to property)
• Claims relating to children under Schedule 1 of the Children Act 1989 (if there are children of the relationship)

However, these routes are often more complex, and typically result in less generous outcomes, as they do not apply the matrimonial principle of fairness.

Conclusion

This high-profile split serves as a reminder to ensure that your marriage is legally valid, particularly where significant assets are involved.

For couples separating outside of marriage, the financial aspect can be more complex, and parties may be left in a weaker financial position.

Obtaining legal advice at an early stage can help ensure that your rights and financial interests are properly protected.