Marriage in the Churchof England
General Introduction
In July 2002, the GeneralSynod affirmed the Church’s teaching on marriage, that:
“…according to our Lord’s teaching, marriage is in itsnature a union permanent and lifelong, for better or worse, till death do uspart, of one man with one woman, to the exclusion of all others on either side,for the procreation and nurture of children, for the hallowing and rightdirection of the natural instincts and affections, and for the natural society,help and comfort which one ought to have of the other, both in prosperity andadversity” (Canon B30.1)
Wider Background
1. Clergy are recommended to obtain a copyof the booklets Suggestions for the Guidanceof the Clergy with regard to the Marriage and Registration Acts(issued by the Registrar-General, Smedley Hydro, Trafalgar Road, Southport PR8 2HH Tel: 0870 243 7788 )and Anglican Marriage in England and Wales(from the Faculty Office, 1 The Sanctuary, Westminster, London SW1P 3JJ. Tel:(020) 7222 5381). These provide detailedanswers to numerous questions that are frequently raised. You will also find helpful guidance in theRegistry’s frequently asked questions website www.churchlaw.co.uk.
Restrictions on marriage
2.1 The legal age of marriage is 16, and if amarriage is solemnised between persons either of whom is under that age themarriage is void. If either of the parties is under 18 the consent of parentsor guardians should be obtained. If such consent is withheld, or there is noparent living, and no guardian, a minor can apply to the court for leave tomarry, the court may dispense with the necessity of obtaining any consent.
2.2 Marriages between persons within theprohibited degrees of kindred and affinity as set out in Canon B.31 must not be solemnised.
2.3. A marriage may be lawfully solemnised onlybetween the hours of 8am and 6pm.
Foreign Nationals
3.1 Where either of the parties is a foreignnational it is strongly recommended that Anglican marriage should be by commonlicence, especially if either party is a national of a country outside the
3.2 Home Office Regulations issued in 2005 have restricted accessto marriage for those who are not British citizens. The Regulations prevent non-citizens frommarrying in a Registry Office or non-Anglican church or religious buildingunless they have obtained a supplementary marriage visa or licence. The licence application costs £135.00 and maytake 13 weeks to obtain, if it is granted at all.
3.3 This restriction has resulted in a dramatic fall in the numberof marriages taking place in Registry Offices between non-British citizens,‘over-stayers’, asylum seekers, and others whose immigration status in thiscountry is unclear.
3.4 However, the restriction does not apply to Church of Englandmarriages. Consequently there has been adramatic increase in the number of couples whoare now approaching clergy to be married in Church of England churches, and whomight have found it difficult to be married in a Registry Office because of theHome Office Regulations.
3.5 For many years, the policy has been that non-British citizens,and those who come from outside the EU should be married by ‘Common Licence’rather than by banns. Before a CommonLicence would be granted, applicants would be asked to produce a letter fromtheir embassy confirming that they were not already married and consequentlywere free to marry in this country, and that a marriage according to the ritesand ceremonies of the Church of England would be recognised as valid in theircountry of origin.
3.6 Although the Home Office Regulations do not directly affectthe Church of England practice, I continue to advise clergy that in cases whereimmigration status is uncertain, a Common Licence should be obtained, ratherthan authorising the marriage by reading banns. This is because a Common Licence can be obtained only after swornstatements have been made by the applicants, and such statements carry thesanction of proceedings for perjury.
3.7 In certain cases, clergy may wish, notwithstanding thisguidance, to marry after reading banns in the usual way. If so, my strong advice to clergy (for theirown protection in the event of subsequent investigation by the police orimmigration authorities) is that they should insist on seeing valididentification material and a letter from the relevant embassy, confirming (1)that the individual is not already married and (2) that a marriage solemnisedin the Church of England would be regarded as valid in their country oforigin. Only if the non-citizen canproduce a valid ‘marriage visa’ should clergy waive this requirement.
3.8 Serious consequences may ensue both as a matter of civil lawand of clergy discipline if clergy participate in marriages which turn out tobe invalid through bigamy, lack of property consent, or other reasons.
3.9 If in any doubt about the immigration status of the applicant,or if you consider that there is some other subterfuge being attempted (forexample, an attempt to disguise mental incapacity), consult the DiocesanRegistry immediately for further guidance.
Remarriage of Divorcees
4.1 Under the Matrimonial Causes Act 1965 nomember of the clergy of the Church of England can be compelled to solemnise themarriage of any person whose former marriage has been dissolved and whoseformer spouse is still living, or to permit the marriage to be solemnised inthe church of which s/he is the minister.
4.2. The Church’s current discipline on there-marriage of divorced persons is set out in the House of Bishops Guidelinesissued in 2003 (see www.cofe.anglican.org/info/papers/mcad). This guidance sets out a number of issues andquestions clergy may wish to address with couples intending to be married inthese circumstances. There is anapplication form which is recommended for use in all cases.
4.3 Whilstthe final decision on remarriage of divorcees must in every case be a matterfor the individual clergy concerned, clergy may wish to refer cases to thebishop for advice. If so, they shouldsend the completed application to the bishop with their own assessment of thesituation (which, in accordance with the Data Protection Act, the couple wouldbe entitled to see).
4.4 It is essential, as a matter of humanrights law, that whatever approach clergy adopt on the issue generally, theyapply their own policy consistently. Incase of doubt, do not hesitate to consult the Registrar.
Residence
5.1 The Marriage Act 1949 provides thatmarriage must normally be solemnised in the church or chapel of the parish inwhich one of the parties resides. It is not possible to define exhaustivelywhat is meant by ‘residence’, and it is a question of fact to be decided in thecircumstances of each case whether or not a person genuinely resides within aparish. It can be said, however, that renting a room and leaving luggage therewithout occupation is not aresidential qualification within the meaning of the Marriage Act. The circumstances which have prompted suchdevices in the past, however, will largely be covered now by the new qualifyingprovisions under the Marriage Measure 2008 (see para. 6 below).
5.2 An exception to the above rules is that aperson who is on the Church Electoral Roll of a parish in which they do notreside may be married in the church of that parish. The Synodical GovernmentMeasure 1969 provides that a person who is not resident in a parish shouldhabitually attend public worship there for a period of six months before theirname is added to the Church Electoral Roll. It is improper to add a person’sname to the Church Electoral Roll of a parish unless he or she has compliedwith this requirement of the Synodical Government Measure.
Marriage Measure 2008 Qualifying Connections
6.1 The Marriage Measure 2008 will come intoeffect on 1 October. It will make asubstantial difference to the existing arrangements. The concept of ‘residence’ will be supplementedby a new range of qualifying connections (it does not replacethe residence test, merely expands the range of qualifying connections with theparish church in question).
So in addition to residence in the parish or inclusion on the electoralroll, any couple may now be married in any parish church provided that
6.2.1 One of the personsconcerned:
was baptised in the parish; or
has been confirmed and theconfirmation has been entered in a church register book belonging to the parish,(this would have been done on the basis that the person concerned was preparedfor confirmation in the parish); or
has at any time had his or herusual place of residence in the parish for at least 6 months; or
has at any time habituallyattended public worship in the parish for at least 6 months;
or
6.2.2 That person’s parent hasat any time during the person’s lifetime:
had his or her usual place ofresidence in the parish for at least 6 months; or
habitually attended public worshipin the parish for at least 6 months;
or
6.2.3 That person’s parent orgrandparent was married in the parish.
(In this list referencesto being baptised, confirmed or married, or attending public worship, all referto Church of England services.)
6.3 Common licences may be issued on the samebasis.
Forfurther advice and guidance, please refer to the Church of England website, (seehttp://www.cofe.anglican.org/info/socialpublic/marriagefamily/marriageanddivorce/marriagemeasure/)
Marriage after banns
7.1 The minister may require to receive noticein writing seven days before the first publication of banns, giving the fullnames of the persons to be married, their addresses, and the length of timethat they have lived there or such other basis as may entitle them to bemarried in the church concerned.
7.2 There is a form of words conventionallyused for reading banns. The form set outin the rubric to the Form of Solemnisation of Matrimony in the Book of Common Prayer has the force of law. Other forms to substantially similar effectmay be used (there is a modernised version in the rubric to the Common Worship Marriage Service). In the case of couples having a ‘qualifyingconnection’ under the Marriage Measure 2008, after identifying the parish whereeach individual lives you should add ‘and having a qualifying connection withthis parish’ before reading the statutory enquiry about possible challenges orimpediments.
7.3 Banns are to be published on three Sundayspreceding the solemnisation of the marriage, during morning service or, ifthere is no morning service on a Sunday on which the banns are to be published,during evening service.
7.4 Banns of marriage may be published by alay person where no member of the clergy officiates at the service at which itis usual to publish banns. Where this happens the lay person signs the bannsbook as the officiating minister, but the duty of entering the banns and ofissuing certificates of publication remains with the incumbent.
7.5 If a marriage is to take place after bannsin the church of a parish in which neither, or only one, of the parties residesor has a Church Electoral Roll qualification, then the banns must be calledboth in the church in which the marriage is to take place and in the churchesof each of the parishes in which the parties actually reside.
7.6 Whether the marriage is to be authorisedby banns or a common licence, it is good practice on first interview with thecouple to require evidence of their identity. This may take the form of apassport or driving licence, or any other identification bearing a photograph.
Marriageafter Common Licence
8.1 Application for a Common Licence must bemade to a surrogate. A list of surrogates can be found in the diocesan yearbook. The Surrogate cannot issue theLicence, but can take the affidavit sworn by applicants. The Licences are issued by the diocesanregistrar after consultation, if necessary, with the Chancellor or Archdeacons.
8.2 A Common Licence can only be granted ifone of the parties has resided in the parish in which the marriage is to takeplace for at least the fifteen days before theLicence is issued or is on the Church Electoral Roll of that parish,or can substantiate some other qualifying connection under the Marriage Measure2008 (see para. 6 above).
8.3 The granting of a Common Licence isdiscretionary and not a matter of right. In the case of applications whereneither of the parties has been baptised, or where one only has been baptised,any unbaptised party is required to sign a declaration that he or she does notreject the Christian faith.
8.4 Common Licences are now permitted to begranted routinely when either of the parties has been divorced and has a formerpartner still living provided that the House of Bishops’ general guidance toclergy is followed (see para 4.2). Surrogates are required to take great careto satisfy themselves that the statements made by applicants for a CommonLicence are true before the licence is issued and the applicants must produceto the Surrogate a completed questionnaire, countersigned by the clergyconcerned (see para. 4 above) for production to the diocesan registrar.
8.5 Details of the current licence fees can beobtained from a surrogate or from the Diocesan Registry (contact the AssistantRegistry Clerk, Miss
8.6 Banns of marriage and Common Licences arevalid for three months. A marriage solemnised after that period without furtherauthority is void.
Marriage after Special Licence
9. For a marriage by Special Licenceapplication should be made to the Faculty Office, 1 The Sanctuary,
Marriage after Superintendent Registrar’s Certificate
10. In certain circumstances, it may bedesirable for marriage to be solemnised on the authority of a (secular)Superintendent Registrar’s Certificate (usually in circumstances whereotherwise a Common Licence would be applicable, but is unavailable). The Diocesan Registrar will indicate whensuch applications should be made.
Services of Prayer/Blessing after Civil Services (Marriage Act 1994)
11.1 The Marriage Act of 1994 allows for civilweddings to take place on ‘approved premises’, such as hotels and countryhouses. The Act provides that a marriage on approved premises is to besolemnised in the presence of two witnesses and the Superintendent Registrarand a Registrar of the Registration District in which the premises aresituated. It also provides quite specifically that ‘no religious service shallbe used at a marriage on approved premises.’
11.2 The bishops advise clergy not to offerprayer or a blessing at the hotel or approved premises if requested to do so.In such a context it would be too easy for the proper seriousness of thespiritual dimension of Christian marriage to be downgraded. However, thebishops do recognise that there may well be pastoral opportunities in such arequest which may be used.
11.3 No statutory fee for such a service, if ittakes place, is payable. A donation to church funds could be accepted.
11.4 If ministers have further questions oranxieties on this issue then they should consult their area bishop.
