ANGLICAN MARRIAGE

1
ANGLICAN MARRIAGE

• Dr Richard Sturt, OBE
• Registrar of Canterbury Diocese
• 26 March 2009

2
(No Transcript)
3
PART 1Legislative background

• Statutory Provisions
• The Marriage Act 1949 deals with authorisation,
  solemnisation and registration of marriages
• Also deals with restrictions (consanguinity,
  polygamy and age)
• Deals with Anglican marriages, civil marriages in
  register offices, marriages in registered
  (religious but not Anglican) buildings, or in
  approved premises, marriages in military chapels,
  marriages of housebound and detained persons, and
  Quaker and Jewish marriages
• It also contains a list of offences which can be
  committed by celebrants

4
Canon Law

• Canons B30-B36 deal with marriage in accordance
  with the rites and ceremonies of the Church of
  England (Anglican marriage). B30.1-2 says
• B 30 Of Holy Matrimony 
• The Church of England affirms, according to our
  Lords teaching, that marriage is in its nature a
  union permanent and lifelong, for better for
  worse, till death them do part, 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 right direction
  of the natural instincts and affections, and for
  the mutual society, help and comfort which the
  one ought to have of the other, both in
  prosperity and adversity. 
• The teaching of our Lord affirmed by the Church
  of England is expressed and maintained in the
  Form of Solemnization of Matrimony contained in
  The Book of Common Prayer.

5
Part 2Prohibitions and restrictions

• Age
• B 31.1 No person who is under 16 years of age
  shall marry, and all marriages purported to be
  made between persons either of whom is under 16
  years of age are void.
• B 32 No minister shall solemnize matrimony
  between two persons either of whom (not being a
  widow or widower) is under 18 years of age
  otherwise than in accordance with the
  requirements of the law relating to the consent
  of parents or guardians in the case of the
  marriage of a person under 18 years of age.

6
Prohibitions and restrictions

• Affinity - Canon B 31
• A man may not marry his
• mother
• daughter
• adopted daughter
• fathers mother
• mothers mother
• sons daughter
• daughters daughter
• sister
• wifes mother
• wifes daughter
• fathers wife
• sons wife
• fathers fathers wife
• mothers fathers wife
• wifes daughters daughter
• wifes sons daughter
• fathers sister

7
Prohibitions and restrictions

• Subsisting marriage divorce
• Existing marriage of one of the parties is an
  absolute bar
• Divorce. General Synod recognised in 2002, that
  notwithstanding that marriage is a lifelong
  union
• That some marriages regrettably do fail and that
  the Churchs care for couples in that situation
  should be of paramount importance and
• That there are exceptional circumstances in which
  a divorced person may be married in church during
  the lifetime of a former spouse.
• It is still in the discretion of the parish
  priest whether or not he/she wishes to marry the
  couple, one of whom is divorced. There are
  guidelines and the matter can be referred to the
  Bishop, and must be so referred if a CML is
  needed.

8
Prohibitions and restrictions

• Foreigners immigrants
• Foreigners, except those from EU, old
  Commonwealth US, advised to marry under CML
  (banns not unlawful)
• Registrar to make enquiries of home embassy,
  whether marriage would be recognised
• Any party whose immigration status is in doubt
  must have a written permission to marry from the
  Home Office see the Immigration (Procedure for
  Marriage) Regulations 2005 (except for Anglican
  marriage)
• R (Baiai) v Home Secretary 2006 EWHC 1035
  (Admin) regs held contrary to human rights
• Vicar General of Canterbury Diocese has issued
  Guidelines requiring minister to satisfy self
  that there is a genuine wish to undertake
  Anglican marriage
• Matter is referred to the Registrar, acting on
  behalf of the Bishop, who has a discretion
  whether to issue a CML

9
Part 3Entitlement, preliminaries and procedure

• Every parishioner and some others, including
  those with a qualifying connection, has, unless
  one of the impediments applies, the right to be
  married in the parish church, public chapel
  licensed for marriage or parish centres of
  worship
• The minister has a corresponding duty to marry
  them, unless the marriage is under a
  Superintendent Registrars Certificate
• The fact that they may be atheists, Jewish or
  Quakers is irrelevant
• Right and duty apply except where marriage is
  under SRC

10
Preliminaries

• Banns
• Common Marriage Licence (CML)
• Special Marriage Licence (SML)
• Superintendent Registrars Certificate (SRC)

11
The venue time

• For marriage by banns or CML
• The parish church of the parish where one of the
  parties resides or
• the church which he/she has as his/her usual
  place of worship (must be on the electoral roll)
  or
• any other parish church within the benefice (if
  Bishop has designated the benefice Sch 3 of
  Pastoral Measure) or
• in any church anywhere in Canterbury/York
  Provinces with which one of the parties has a
  qualifying connection or
• any parish centre of worship in any of the above
  or
• any public chapel authorised for marriage or
• any military chapel licensed by the Bishop (banns)

12
Venue time

• For SRC
• Any of the above or
• the place where a housebound person resides or
• the place where a detained person resides.
• For SML
• Any of the above and anywhere else in England or
  Wales
• But usually confined to church buildings
• Often used for marriages in private and
  institutional chapels
• Time
• Between 8 am and 6 pm
• No restriction on the day of the week
• Under SML may be outside the prescribed hours
  (medical necessity)

13
Preliminaries - Banns

• Banns
• Anglican marriage usually preceded by banns
• Must be published in church, parish centre of
  worship or chapel in which marriage is to take
  place plus
• the parish of each partys residence
• Three Sundays at (generally) morning service, not
  necessarily successive ones, within 3 months
  before wedding
• A certificate that the banns have been read in
  any other church must be produced to the minister
  who is to conduct the ceremony

14
Residence rules for marriage after banns

• Unless one party has a qualifying connection
  with the church in which the marriage is to take
  place, the residence rule applies
• One party at least must reside in the parish or
  district where the marriage church/PCW/chapel is
  situated or
• have that church as his/her usual place of
  worship
• Reside means be living there and this must be
  true at the moment when the notice of application
  for banns is given to the minister

15
Qualifying connection

• A person intending to be married has the same
  right to be married in a parish church, centre of
  worship or authorised chapel with which he/she
  has a qualifying connection, as he/she has to be
  married in the church/PCW/chapel of the
  parish/district in which he/she resides or which
  is his/her usual place of worship.
• Qualifying connection with a parish/district
  means
• 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.
• Church of England Marriage Measure 2008, s.
  1(3)(a)-(e)

16
CML

• Residence requirement
• Except where one or both of the parties has a
  qualifying connection, at least one party must
  have his/her usual place of residence in the
  parish/district of the church/PCW or chapel at
  which the marriage is to take place
• The usual residence must have subsisted for 15
  days immediately prior to the application for the
  CML
• Useful where banns have not been read or one
  party is foreign
• Qualifying connection
• Identical to that for banns

17
SRC

• Notice must be given to the superintendent
  registrars of the civil registration districts in
  which both parties reside, at least 15 days
  before the marriage
• One party must have had his/her usual place of
  residence in the registration district within
  which the marriage is to take place

18
SML

• No residence qualification
• Faculty office will usually look for a connection
  with the venue
• Venue will usually be a church or chapel
• No time of day or night prohibited, but usually
  only timeless where one party seriously ill
• Not granted in divorce cases
• Usually has condition that marriage must take
  place within three months

19
Ceremony and registration

• Must follow the Prayer Book or alternative duly
  authorised
• Key parts must be conducted an Anglican minister
• Anglican Church cannot be used for non-Anglican
  marriages as church cannot be a registered
  building
• A minister or lay person who is a member in good
  standing may assist the minister if the minister
  or lay person is authorised to perform a similar
  duty in his own church
• The details of the marriage must be entered in
  duplicate register books
• The minister in charge of the church or chapel
  must make a quarterly return of entries to the
  Civil Superintendent Registrar

20
Part 4 Effect of errors

• Void marriages S. 25 Marriage Act 1949 where
  parties knowingly marry in the following
  circumstances
• Marriage by banns or CML not in church, PCW or
  authorised chapel
• Without banns duly published, or CML, SRC or SML
• Where a child is married after parental objection
  duly given
• Where marriage takes place more than three months
  after publication of the banns or the grant of a
  CML
• Where marriage after SRC takes place in a place
  not duly notified or
• Where they knowingly and wilfully consent to or
  acquiesce in the solemnisation of marriage by
  person not in Holy Orders
• Parties not male and female
• One party already married
• Parties within prohibited consanguinity
• Either party under 16

21
Voidable marriages

• Incapacity to consummate
• Wilful refusal to consummate
• Failure to consent to marriage
• Mental disorder
• Venereal disease
• Pregnancy by another

22
Non-fatal errors

• Proof of residence or usual place of residence
  not necessary, even if information given was
  wrong
• Marriage of a minor without parental consent
• Wrong name given, unless done with intent to
  deceive and both parties know of it
• False Home Office Permission

23
Criminal offences by ministers

• A criminal offence, punishable by imprisonment is
  committed by any person who knowingly and
  wilfully
• Unless the marriage is under SML, solemnizes a
  marriage outside the prescribed hours
• If the marriage is by banns, solemnizes it
  without banns having been duly published
• If the marriage is by banns or CML, solemnizes it
  otherwise than in a church/PCW or authorised
  chapel
• Solemnizes a marriage falsely pretending to be
  in Holy Orders