What makes a marriage valid? Social media stunt leads to real marriage and annulment

An Australian woman has managed to annul her marriage after realising that what she believed to be a staged wedding for social media was, in fact, legally binding. 

The couple met online in September 2023 and started dating. In December, the man proposed, and soon after, they attended what she thought was a themed "white party" in Sydney. 

Upon arrival, she was surprised and upset to find only her partner, a photographer, the photographer's friend, and a celebrant present. Her partner reassured her that it was a prank wedding to generate Instagram content, as he aimed to monetise his account, which had over 17,000 followers. Believing the marriage was not real, the woman participated in the ceremony.

Two months later, her then husband, requested to be added as a dependant on her permanent residency application. When she mentioned that they were not officially married, he disclosed that their Sydney wedding had been legitimate. The woman discovered their marriage certificate and a notice of intended marriage, which had been filed a month before their trip. She asserted that she had not signed the notice, and the signature on it did not match hers.

Legal Proceedings

In his deposition, the man claimed they had both agreed to the circumstances and that the woman had agreed to marry him at an intimate ceremony in Sydney following his proposal. However, the Judge ruled that the woman was mistaken about the nature of the ceremony and did not provide real consent to the marriage. The Judge noted that the woman believed she was acting and called the event a prank, enhancing the credibility of the video depicting a legally valid marriage.

The marriage was officially annulled in October 2024. The Judge’s ruling emphasised that the woman had been tricked into the marriage and did not understand the ceremony was legally binding.

What Constitutes a Valid Marriage in England and Wales?

For a marriage to be valid in England and Wales, there are certain fundamental requirements which must be met, which include   the following:

• Notice of the Marriage: Couples must give notice of their intention to marry at a designated office at least 28 days before the ceremony. This notice period allows for objections to be raised if there are legal reasons why the marriage should not proceed.
• Authorised Person: Marriages can only be conducted by authorised persons, such as registrars or religious officiants who are authorised to conduct marriages under The Marriage Act 1949.
• Prohibited Marriages: The law specifies the degrees of relationship within which marriage is prohibited, such as between siblings, parent and child, or grandparents and grandchildren. Both parties must also be at least 18 years old (this increased from the age of 16 in 2023).
• Not already married or in a civil partnership: both parties must be legally single. 
• Registration: The marriage must be registered by the officiant or registrar, and the marriage certificate must be signed by the couple, the officiant, and witnesses.
• Venue: The marriage ceremony must take place at a legally approved venue, which can be a register office, a place of religious worship that has been registered for marriages, or other approved venues.

Our lawyers have extensive experience of advising on validity of marriage. Contact us to find out more about our services.