MARRIAGE

LEGAL REQUIREMENTS

General

If the rules for solemnising marriage are not observed, a marriage may be invalidated and the clergy and other parties to it may be liable to penalties. The relevant law was consolidated by the Marriage Act 1949. Substantial amendments to the law on the places where people may qualify to marry were made by the Church of England (Marriage) Measure 2008, detailed below.

The parish priest has a duty in law to solemnise the marriage of those entitled to marriage in their parish church, or to arrange for another priest to do so. Failure in this point (save when one party has a previous partner still alive) is a neglect of duty, and a priest so failing may be subject to disciplinary proceedings.

Capacity to marry

Both parties must be at least 16 years of age. They must not be so related as to be within the degrees prohibited by the Table of Kindred and Affinity set out in the First Schedule of the Marriage Act 1949 and the Children Act 1975. A Ward in Chancery must not be married without leave of the Court. For the marriage of divorced people in church, see the next paper.

If a party to a marriage is under 18 years and not a widower or widow, the parents or guardians can dissent to the marriage by causing an open objection to be voiced at the time of the publication of banns, in which case the publication is void. If a member of the clergy duly publishes the banns and receives no notice of dissent from the parents or guardian, the parties may be married even if no specific consent has been forthcoming. On the other hand, the priest may refuse to marry them and cannot be compelled to do so. A parent or guardian who has failed to object at the calling of banns for a minor child’s proposed marriage cannot, by dissenting at the marriage itself, take away the child’s right to marry.

Normally a marriage in Church must be between 8am and 6pm in one of the following places:

• in the Parish Church of the Parish where one of the parties lives or, if they live in a particular district of a parish then either in the Parish Church or such public chapel as may be authorised by the Bishop for those living in that district.

• in the Parish Church or authorised public chapel which is the “usual place of worship” of one of the parties. This entails their being on the Electoral Roll, application for which must have been preceded, in the case of a non-resident, by six months habitual attendance at public worship in the Church concerned.

• in the Parish Church of an adjoining Parish:
• where the Parish has no Parish Church or Chapel of its own licensed for marriages;
• where the Parish Church is under repair or alteration as to be out of use and the Bishop has made no other provision.

• 'in any parish church where either of the parties has a qualifying connection under the terms of the Marriage Measure 2008. A person has a qualifying connection if
• that person was baptised in that parish (unless the baptism took place in a combined rite which included baptism and confirmation) or is a person whose confirmation has been entered in the register book of confirmation for any church or chapel in that parish;
• that person has at any time had his or her usual place of residence in that parish for a period of not less than six months;
• that person has at any time habitually attended public worship in that parish for a period of not less than six months;
• a parent of that person has during the lifetime of that person had his or her usual place of residence in that parish for a period of not less than six months or habitually attended public worship in that parish for that period; or
• a parent or grandparent of that person has been married in that parish.

For the purposes of establishing such a connection, 'parent' includes an adoptive parent of someone who has undertaken care and upbringing of the person and 'grandparent' is to be construed accordingly. References to public worship, baptism, confirmation and marriage refer to the rites and ceremonies of the Church of England.

• in the Naval, Military or Air Force Chapel in certain circumstances in the case of a person serving in HM Forces.

Marriage after banns

Banns, the public announcement in Church of two persons’ intention to marry, provide the normal legal preliminary to marriage.

Before publishing banns, an incumbent can require from a couple seven days notice in writing giving Christian and Surnames, their respective abodes and the time they have lived or lodged there. If a party's original name is not one by which they are recognisably known, then the name usually used may be published. It is not necessary to describe parties according to their condition (for example bachelor or widow) but this is generally done to help identify them. The Incumbent must be satisfied that there is no legal impediment to the publication of the banns in Church.

When the two parties live in different parishes, banns must be published in both parish churches. If the marriage is to be in a Church where neither party lives but one or both habitually worship, banns must be published there in addition to publication in the parish church or churches. The Incumbent of the Church where the marriage is to take place must obtain a Certificate of Banns from the other Church or Churches where they have been published. Certificates of Banns may be accepted from Scotland, Wales and Ireland, though in Scotland they are published once only. It is not proper for banns to be published in the Church of England if marriage is to take place outside England or Wales. A Banns Certificate must be signed by the Incumbent or another of the clergy nominated by the Bishop.

Where banns are called on the strength of a qualifying connection, the banns must be called in the parish in which the marriage is to take place (i.e. the parish in which one or other party has the qualifying connection) and the parishes where both parties usually reside.

The residence requirement for Banns does not have to be satisfied over a stated period, but simply at the moment when the application for the calling of Banns is given to the minister. The hiring of a room without any residence there cannot be regarded as sufficient to constitute residence.

Banns should be published on 3 Sundays (not necessarily consecutive) preceding the marriage and they hold force for only three months from the last date of publication. They should be published during Morning Service or, if there is no Morning Service, then Evening Service. Where published in more than one Church, they need not be on the same Sundays.

Where a priest is not officiating at a service where banns would usually be read, they may be published by a lay person, who need not be a Reader, on certain conditions: the Incumbent or one of the clergy nominated by the Bishop must see the requisite entry made in the Banns Register beforehand, the lay person concerned must sign the Register afterwards and publication must be during a public service of Morning or Evening Prayer at which banns are usually published.

Banns should not be published from loose papers but from a Register. They must be published audibly in the form of words prescribed in the Book of Common Prayer or Common Worship. It is not permitted to publish banns by written notice.

Banns may be published only in churches and other buildings where marriages can legally be solemnised. They cannot be published at a service held in a private house or church hall unless those buildings have been licensed by the Bishop for marriages.

If there is not a Parish Church or authorised public chapel in the Parish, or if they are closed, or if services are not held there every Sunday, and it is not possible for the banns to be read three times before the date on which the marriage is to be, then the banns may be read in another parish under the following circumstances:

• If the parish is part of a united benefice or held in plurality
  The Bishop may direct in writing where the banns of persons entailed to be married in any church in the united benefice or plurality are to be published and where their marriage may be solemnised, providing that no person is thereby deprived of their right to be married in their own parish church. (Marriage Act 1949, Section 23; Pastoral measure 1983, Schedule 3, Para. 14 (4)).

• In all other cases
  If there are insufficient Sundays on which services are held, to permit the banns to be read before the proposed date of the marriage, then the parish must be treated for the purposes of the marriage as part of any adjoining parish, designated for that purpose by the Bishop. The banns are then read and the marriage solemnised in that particular adjoining Parish Church. In this case, the parties lose their entitlement to be married in their own church. (Marriage Act 1949, Section 6 (3)). If the parties insist on being married in their own church on the proposed day, they can obtain a Licence if they fulfil other legal requirements.

Marriage by Common Licence

A licence has the effect of dispensing with the necessity of banns. It enables the marriage to take place at once. It is valid for three months.

Personal application for a licence must be made either to one of the Surrogates listed in the Diocesan Directory. In the case of the Archdeaconry of Cambridge, application may be made to one of the Archdeacon’s Surrogates listed in the Diocesan Directory; in the case of the other Archdeaconries, to one of the Chancellor’s Surrogates. Instructions can be taken only from one of the parties themselves, and the licence will be given to them on payment of a fee.

One of the parties (not necessarily the one making the affidavit) must have had their usual residence within the parish or district where the marriage is to be solemnised during the 15 days immediately preceding the making of the affidavit, or must have had their usual place of worship at the Church or authorised public chapel there, and be on the Electoral Roll of that parish. As with banns, the hiring of a room without residence is insufficient. An application for a Common Licence may also be made by a person with a qualifying connection under the Marriage Measure 2008.

A Common Licence will not be issued unless at least one of the parties has been baptised, and is not normally available to those who have previously been married, and have a previous partner still living.

Marriage by Special Licence

In an appropriate case a special licence may be obtained from the Archbishop of Canterbury enabling the marriage to take place at any time and place. Application should be made to The Faculty Office, 1 The Sanctuary, Westminster, SW1P 3JT (020-7222-5381).

However, whilst it is true that the Archbishop has power to dispense people from the normal requirements of the law and permit their marriage to be solemnised at any place, this power is exercised sparingly and only when there is some link between the applicants and the church or chapel in which they wish to be married.

Whilst it is true that the Archbishop may grant a licence for a wedding to take place at any time, normally he will expect the wedding to take place within the usual statutory hours. A dispensation to marry outside of this time will usually only be given where there is some serious or grave reason (for example, one of the parties to the marriage is dangerously ill).

It should be noted that a Special Licence cannot be issued unless one of the parties is baptised. Special Licences are sometimes granted to those who have a former spouse still living.

The Faculty Office is always willing to give guidance on these matters, and has information leaflets on Special Licences available on request.

Superintendent Registrar’s Certificate

After notice duly published at his office, a Certificate issued by a Superintendent Registrar of Marriages enables persons to be married with the rites of the Church of England by a priest in the church or public chapel either in the parish where one of the parties resides or of a parish on the Church Electoral Roll of which one of them is enrolled, within the Registrar’s District without the publishing of Banns. However, a Superintendent Registrar may not be prepared to issue a Certificate if the parties otherwise qualify for a Common or Archbishop’s Licence or, alternatively, for the calling of banns. In addition, there is no obligation on the minister of the church in question to accept the Certificate.

Marriage of Foreigners

Marriages of foreigners performed in England in accordance with English law are not necessarily binding on the foreigners in their own country unless the legal requirements of that country are also observed. It is wise for them to consult their embassy to ensure that their marriage will be recognised.

Such marriages should be by licence except in the case of citizens of the European Community, the United States of America, or the old Commonwealth. The Surrogate is likely to require a sight of the passport of a foreign national. If in any doubt, the Diocesan Registrar should be consulted.

Fees

Fees chargeable at weddings are those authorised under the Ecclesiastical Fees Measure 1986, updated by subsequent Parochial Fees Orders and displayed in each church.

Legal Advice

All parish priests should be in possession of the booklet ‘Anglican Marriage in England and Wales – a Guide to the Law for the Clergy’. Any priest not in possession of a copy may obtain one from the Faculty Office (address above).

MARRIAGE IN CHURCH AFTER DIVORCE

In July 2002 the General Synod passed (by a substantial majority) a motion affirming that marriage should always be undertaken as a ‘solemn, public and lifelong covenant between a man and a woman’, but recognising that some marriages regrettably do fail and that in exceptional circumstances a divorced person may be married in church during the lifetime of a former spouse.

The decision about whether a particular couple should be married in church or not rests with the parish priest, but clergy are asked to be in touch with the Bishop of Huntingdon, and to advise him of the circumstances.

There is useful section ' Marriage after Divorce' on the Church of England's website.

Service of Prayer and Dedication after Civil Marriage

This is most commonly appropriate in cases where one or both of the parties have been divorced, but is sometimes requested in other circumstances. The form of service authorised for use is to be found in Common Worship.

Such services are held, after careful preparation, at the discretion of the incumbent.