Under the Marriage Act 1949 (which consolidated and replaced most of the earlier 1948 framework), the legal position in England and Wales is precise:

1. What actually makes a couple legally married?

For a marriage to be valid, several statutory requirements must be satisfied:

(A) Capacity

Both parties must:

• Be over 18 (as per current law in England & Wales)
• Not already married or in a civil partnership
• Not within prohibited degrees of relationship
• Freely consent

(B) Formalities

The marriage must:

• Take place at an authorised venue (registered building, register office, Church of England church, etc.)
• Be conducted by an authorised person (registrar or clergy)
• Be in the presence of two witnesses
• Include prescribed declaratory and contracting words

2. Are the “contracting words” what makes the marriage valid?

The short answer: Yes — but not on their own.

During a civil ceremony, each party must say words to the effect of:

“I do solemnly declare that I know not of any lawful impediment why I, [name], may not be joined in matrimony to [name].”

and

“I call upon these persons here present to witness that I, [name], do take thee, [name], to be my lawful wedded wife/husband.”

These are called:

• Declaratory words (no lawful impediment)
• Contracting words (taking each other in marriage)

The courts have historically treated the exchange of these words in the required setting as the essential act that creates the marriage.

However — and this is crucial — those words must be:

• Spoken in the correct legal setting
• Before an authorised officiant
• With witnesses present
• After proper notice has been given

Without those surrounding statutory requirements, simply saying the words does not create a legally valid marriage.

3. Is the marriage certificate part of the legal act?

The certificate is evidence of the marriage, not the marriage itself.

Legally speaking:

• The marriage occurs at the moment the vows are validly exchanged.
• The signing of the register (now marriage schedule in England & Wales) records the event.
• The certificate proves it happened.

If, for example, a register were incorrectly completed, that does not automatically invalidate a properly conducted ceremony.

But if the statutory formalities were not followed, then even a signed certificate cannot “fix” an invalid marriage.

4. So is paperwork irrelevant?

No — but it serves a different function.

• Notice of marriage: Required before the ceremony.
• Registration: Required to formally record the marriage.
• Certificate: Legal proof of the marriage.

These are statutory requirements under the Act. Failure to comply can affect validity depending on the nature of the defect (void, voidable, or irregular but valid).

Conclusion

The contracting words are legally central, but:

A marriage in England and Wales exists only when the statutory formalities under the Marriage Act are satisfied.

The certificate does not create the marriage — it evidences it — but the legal framework around the ceremony absolutely matters.