Cheap Prison Calls:
Can You Get Married While In A UK Prison?

Marriage is a fundamental human right, and being in prison does not strip individuals of that right. Although the process of getting married while in a UK prison may be more complicated than usual, it is still possible. This article explores the legalities, procedures, and challenges involved in marrying someone while they are incarcerated in a UK prison.

The legal right to marry in prison

Under UK law, prisoners have the legal right to marry, as enshrined in Article 12 of the European Convention on Human Rights (ECHR), which grants the right to marry and start a family. This applies to all individuals, regardless of their incarceration status. However, exercising this right in prison comes with several practical considerations.

Prisoners cannot simply walk to a registry office or a church like free citizens. The process involves navigating prison rules, regulations, and certain legal requirements that ensure the marriage is both lawful and secure.

The process of getting married in prison

Getting married while in prison involves a multi-step process that requires approval from both the prison governor and the local registry office. Here’s a breakdown of the steps involved:

Initial Application to the Prison Governor
‍The first step in arranging a prison wedding is obtaining approval from the prison authorities. The inmate or their partner must submit a formal request to the prison governor, outlining their intention to get married.The prison governor has the discretion to approve or deny the request based on security concerns or other relevant factors. While most applications are accepted, there can be restrictions depending on the prisoner's security category or behavior.

‍Notifying the Registrar
‍Once the prison governor grants permission, the couple must notify the local registrar, as with any regular marriage. This step involves completing a notice of intent to marry, which both parties must sign in front of a registrar.In most cases, the non-incarcerated partner visits the registry office to sign the form, while the prisoner must arrange a visit from a registrar to complete their part. The registrar will then arrange the wedding date, ensuring that all legal requirements are met.

‍Meeting Legal Requirements
‍In addition to gaining approval from the prison and notifying the registrar, both parties must meet the standard legal criteria for marriage in the UK. These include:
- Both individuals must be over the age of 18 (or over 16 with parental consent).
- Neither party can be currently married or in a civil partnership. Both parties must provide valid identification and proof of nationality.
- Both individuals must provide proof of address, which can be complex for the prisoner, but their incarceration can serve as their official address.

‍The Wedding Ceremony
‍Once all legal requirements are met, the couple can proceed with the wedding. The ceremony itself takes place inside the prison, usually in a designated area such as a chapel or private room. Prison weddings are typically low-key and limited in terms of guests and decor. The couple can invite a few witnesses (usually prison officers or chaplains), and sometimes close family members are permitted to attend. However, each prison may have different regulations about who can be present.

‍Security Considerations
‍Security is a significant concern during prison weddings, and certain measures are put in place to ensure that the ceremony runs smoothly. The prison may impose restrictions on the number of guests, the duration of the ceremony, and the exchange of items such as rings. Security officers will likely be present throughout the event.

Challenges of getting married in a UK prison

Although prisoners have the right to marry, there are several challenges and hurdles they must navigate in order to exercise this right.

‍Limited Freedom to Organize the Wedding
‍One of the biggest challenges of marrying in prison is the lack of control over the wedding arrangements. Unlike a typical wedding, where the couple can choose a venue, invite guests, and personalize the ceremony, prison weddings are much more limited.Prisoners may not be able to choose the date or time of their wedding, and they must adhere to strict guidelines regarding guests, attire, and other aspects of the day.

Costs
‍Prison weddings can come with extra costs that wouldn't normally apply in an outside wedding. For instance, the non-incarcerated partner may have to cover the cost of bringing a registrar to the prison, as well as paying for any additional security measures that the prison deems necessary. This can add to the financial burden of an already stressful situation.

‍Restricted Communication and Interaction
‍In a traditional wedding, the couple can freely communicate, plan, and enjoy their day together. However, in a prison setting, communication between the prisoner and their partner is highly restricted. The couple may have limited opportunities to discuss the wedding or prepare for it together.Even on the wedding day, physical contact may be limited. In high-security prisons, for example, the couple might only be allowed minimal interaction, such as holding hands or exchanging rings.

‍Emotional and Psychological Strain
‍Marrying in prison can place emotional strain on both parties. The incarcerated partner may feel a sense of shame or frustration about not being able to fully participate in the wedding planning, while the non-incarcerated partner may struggle with the emotional toll of marrying in such a restricted environment. This unique situation requires both individuals to adapt to circumstances that are far from ideal.

What happens next?

After the wedding ceremony, life for the couple doesn’t dramatically change. The prisoner remains incarcerated, and the new spouse continues life outside the prison walls. However, being married does provide some legal and emotional benefits for both individuals.

Visiting Rights
‍Although marriage does not automatically grant a prisoner more visitation rights, it can sometimes influence how visits are managed. Some prisons may be more lenient in allowing spouses to visit more frequently, and certain legal procedures, such as conjugal visits, may be considered depending on the prison’s regulations.

‍Emotional Support
‍Marriage can provide emotional stability and support for the incarcerated individual, helping them cope with the challenges of prison life. For the partner on the outside, being married to someone in prison may offer a sense of connection and commitment that can make the separation more bearable.

Can you get married while on remand?

The process of getting married in a UK prison applies equally to prisoners on remand (those who are held in custody while awaiting trial) and those who are already serving a sentence. Remand prisoners have the same legal right to marry, and the procedures for doing so are largely the same. However, remand prisoners may face additional uncertainty, as their legal situation is still unresolved, and this could potentially affect their marriage plans if they are convicted or acquitted.

While marrying in a UK prison is possible, it is not without its challenges. The process involves gaining approval from prison authorities, navigating legal requirements, and adapting to the restrictions of prison life. Despite these hurdles, many couples successfully marry while one partner is incarcerated, and their commitment can offer a sense of stability and emotional support during a difficult time.

Ultimately, marriage in a UK prison requires patience, persistence, and understanding of the legal and logistical complexities involved. For those who are determined to marry despite these obstacles, it is a testament to the strength of their relationship.