Ad Clerum 3b.2
REMARRIAGE IN CHURCH OF DIVORCED PERSONS WITH A PARTNER
STILL LIVING
In July 2002, the General Synod passed the following motion by 269 votes to 83:
‘That this Synod
a) Affirm in accordance with the doctrine of the Church of England as set out in Canon B301
, that
marriage should always be undertaken as a ‘solemn, public and life-long covenant between a man and
a woman’;
b) Recognise –
i) That some marriages regrettably do fail and that the Church’s care for couples in that
situation should be of paramount importance; and
ii) That there are exceptional circumstances in which a divorced person may be married in
church during the lifetime of a former spouse;
c) Recognise that the decision as to whether or not to solemnise such a marriage in church after divorce
rests with the minister (or officiating cleric if the minister is prepared to allow his/her church or
chapel to be used for the marriage) and;
d) Invite the House of Bishops to issue the advice contained in Annex 1 of GS 1449.’
The following advice to clergy is that referred to in paragraph (d) and is issued in the name of the House of
Bishops following the General Synod’s decision in November 2002 to rescind the marriage resolutions of the
Canterbury and York Convocations (which had exhorted clergy not to use the marriage service in the case of
anyone who had a former partner still living). The decision to rescind the resolutions was carried in all three
Houses of the General Synod as follows: bishops 27-1; clergy 143-44; laity 138-65.
ADVICE TO CLERGY
1.1 Marriage is created by God to be a lifelong relationship between a man and woman. The church
expects all couples seeking marriage to intend to live together ‘for better for worse … till death us do
part.’ It is not, then, a light matter to solemnise a marriage in which one partner has a previous
partner still living. It is important that the decision you take as to whether to solemnise such a
marriage should be on the basis of clear principles that are consistent with the church’s teaching.
This advice has been issued by the House of Bishops to assist you as a member of the clergy, since it
remains your decision under the Civil Law relating to marriage whether such a couple may be
married in church. (It is also intended for use by the bishop and/or his adviser when cases of
difficulty are referred to him for advice).
1
Canon B30 states as follows:
1. The Church of England affirms, according to our Lord’s teaching, that marriage is in its nature a union
permanent and lifelong, for better or worse, till death do us 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
one ought to have of the other, both in prosperity and adversity.
2. The teaching of our Lord affirmed by the Church of England is expressed and maintained in the Form
of Solemnisation of Matrimony contained in The Book of Common Prayer.
3. It shall be the duty of the minister, when application is made to him for matrimony to be solemnised in
the church of which he is minister, to explain to the two persons who desire to be married in the
Church’s doctrine of marriage as herein set forth, and the need of God’s grace in order that they may
discharge aright their obligations as married persons.’
2
2. Principles
The Responsibility of the Parish Clergy2
2.1 The responsibility for deciding whether or not to conduct a further marriage rests with you, both for
pastoral and legal reasons. Experience suggests, however, that clergy may welcome some support in
making this decision and the following advice is accordingly intended to assist you in this difficult
and sensitive task.
2.2 Under the Matrimonial Causes Act 1965 you are not compelled to officiate at such further marriages,
nor to make your church available for them3. If you are unwilling to officiate at further marriages or
to make your church available for such services, you should make this clear to enquiring couples at
an early stage.
2.3 If, as a ‘minister’ of a church, you are unwilling to conduct such a wedding yourself you may invite a
colleague to do so; but other clergy in the area cannot be required to conduct further marriages
against their conscience. The decision as to whether or not to conduct the marriage will become theirs
alone; and the issues discussed below will accordingly be as relevant to their decision as to your own.
3. Issues and questions you may wish to consider in the light of the Church’s doctrine of marriage
3.1 It is your responsibility to form your own judgment as to whether to proceed with the proposed
further marriage, in the light of the Church’s teaching on marriage4
and of the General Synod’s
Resolution of July 2002 set out above. You may find it helpful to that end, in the course of your
interview with the couple, to satisfy yourself in relation to the following questions, which are
intended to draw out issues relevant to the Church’s teaching:
(a) Do the applicants have a clear understanding of the meaning and purpose of marriage?
o Do the couple understand that divorce is a breach of God’s will for marriage?
Have they a determination for the new marriage to be a life-long faithful partnership?
(b) Do the applicants have a mature view of the circumstances of the breakdown of the
previous marriage and are they ready to enter wholeheartedly and responsibly into a
new relationship?
o Did the divorced person appear to be relatively free of self-deception and selfjustification about the past?
o Did the divorced person take the first marriage seriously and has he/she learnt from
mistakes?
o Is the other party aware of the possible cause(s) of the breakdown of their future
partner’s previous marriage?
Is there an attitude of repentance, forgiveness and generosity of spirit so that the
applicants are free to build a new relationship?
(c) Has there been sufficient healing of the personal and social wounds of marriage
breakdown?
o Has there been enough time and distance for the parties concerned to recover
emotional stability and good judgment?
o Are there any extant court proceedings relating to the former marriage?
o Are responsibilities to the children of any previous marriage being recognised and
honoured?
2
This advice also applies to non-parochial clergy who have pastoral charge.
3
S.8.2 of the Matrimonial Causes Act 1965 states: ‘No clergyman of the Church of England or the Church in Wales shall be
compelled a) to solemnise the marriage of any person whose former marriage has been dissolved and whose spouse is still
living; or
b) to permit the marriage of such a person to be solemnised in the church or chapel of which he is the minister.’
4See Canon B30 and the House of Bishop’ Teaching Document Marriage, Church House Publishing (CHP) 1999.
3
(d) Would the effects of the proposed marriage on individuals, the wider community and
the Church be such as to undermine the credibility of the Church’s witness to
marriage?
o Would the new marriage be likely to be a cause of hostile public comment or
scandal?
(e) Would permitting the new marriage be tantamount to consecrating an old infidelity?
o While it would be unreasonable to expect that the couple should not even have
known each other during the former marriage(s), was the relationship between the
applicants – so far as you can tell from the information made available to you – a
direct cause of the breakdown of the former marriage?
(f) Has either of the parties been divorced more than once?
o In the case of multiple divorces, the sheer complexity of relationships that may have
developed will inevitably make any assessment by you more difficult. However, the
Church witnesses to lifelong marriage, and should not find itself being, a party to
‘serial monogamy’, hence neither of the parties should normally have been married
and divorced more than once.
(g) Do the applicants display a readiness to explore the significance of the Christian faith
for their lives so that their further marriage is not an isolated contact with the Church?
Given that the provision of careful marriage preparation should be the norm for all
couples seeking marriage in church, do the applicants possess an understanding of
the need of God’s grace in relationships and show a willingness to be open to
Christian teaching?
4. Recommended Procedures
Dialogue with the Parish
4.1 As further marriage is likely to be a matter of concern within the parish, you will no doubt wish to
inform your Parochial Church Council (PCC) of the general principles by which you intend to
exercise your discretion. As part of the process of informing your own judgment in how to proceed
in this sensitive area, you may wish to seek the PCC’s views on your proposed approach. But, if so, it
is important for the PCC to understand that it has no power to direct you in this matter, and should
not seek to do so.
Relationships with fellow clergy
4.2 It will be helpful if there are occasional discussions at Deanery Chapter meetings on the issues raised,
so that clergy are aware of the views of their colleagues, recognise each other’s position, and respect
the position of those parishes where such marriages are not allowed.
Local Ecumenical Partnership
4.3 Special consideration will need to be given to consultation with ecumenical partners in parishes
where a Local Ecumenical Partnership is in operation.
Documentation
4.4 The House of Bishops provides a leaflet on Marriage in Church after Divorce for all enquirers5
. It
includes both an explanatory statement and an application form to be completed by the couple
together with any other relevant material about the process to be followed.
Interviews
4.5 If the couple’s request is to be taken further, the background of their case needs to be explored very
carefully. When you come to consider the circumstances of the couple, the cause for the breakdown
of the previous marriage may not be clear, so you will wish to handle each case with a great deal of
5
Copies of this leaflet should be available from Church House Bookshop (tel: 020 7898 1302) or via the link to the bookshop
from the CofE website – www.cofe.anglican.org
4
sensitivity. It is recommended that this is done by at least two confidential interviews, using the
application form as background material. It is desirable that the couple should understand the
purpose of the interviews and that attending the interviews cannot imply an agreement to conduct a
marriage. It is also desirable that both partners should attend the interviews, having been made aware
in advance of the searching and personal nature of the issues to be discussed.
4.6 The interviews cannot have a standard form but the questions which are set out in Section 3 above may
be of assistance in enabling you to decide whether the proposed further marriage would be consistent
with the Church’s teaching on marriage.
Reference to the Bishop
4.7 Although the decision whether to conduct a further marriage rests with you, you may wish to seek the
advice of your Diocesan Bishop6
. In these instances you should send the Bishop the couple’s
application form with a statement that you have drawn up based on the interviews including any
provisional conclusions that you have reached. You will need to bear in mind that the couple will be
entitled to see what you have written (under the Data Protection Act).
The Decision
4.8 In deciding your response to the application (see 2.1 above), you need to ensure the maximum degree
of consistency in your approach (as applicants are entitled to have their cases dealt with by you
consistently) as well as bearing in mind the consequences of setting a precedent which it will be hard
not to follow.
4.9 It will be best if you convey your decision to the couple in person. If you are declining to conduct the
marriage, you may feel it appropriate to convey your reasons in writing and to copy this letter to the
bishop if you have consulted him.
4.10 In cases where you agree to the couple’s request, you will need to explain the need for marriage
preparation (as for any marriage).
5. Services of Prayer and Dedication
5.1 There may he some cases when a marriage in church is deemed inappropriate, yet you will wish to
offer the couple the possibility of beginning their life after a civil marriage in the context of Christian
worship. Here a Service of Prayer and Dedication after a Civil Marriage could be appropriate,
although it is not intended to be used as a substitute for the marriage service. However, the reasons
for considering a further marriage inappropriate may also apply to this option.
5.2 In 1985 the House of Bishops approved and commended for use Services of Prayer and Dedication
after Civil Marriage. The vows taken in a civil marriage are just as binding as those taken in church
but the Service gives the couple an opportunity to express their commitment before God. The Church
witnesses publicly to the permanence of their marriage, while also expressing in a more personal way
the love and forgiveness of God.
5.3 You must of course be satisfied before conducting the Service that the civil marriage has been
contracted.
6. Legal Formalities7
Divorce Documents
6.1 Clergy conducting the marriage must see and check the relevant divorce documents before arranging
the marriage preliminaries. Particular note should be taken that a decree absolute has been obtained,
not merely a decree nisi. The advice of the Diocesan Registrar and/or the civil registrars should be
sought if there are any doubts about the document(s) presented.
6
See para. 6.4 in the Report Marriage in Church after Divorce (GS 1361). It should be noted that bishops cannot give
permission for couples to be married in church and that applicants should not approach the bishop direct.
7
Subject to changes in the light of the General Synod’s consideration of proposed changes to Marriage Law in the
Report The Challenge to Change (GS 1448).
5
6.2 The Church recognises a declaration of nullity made by the civil courts in the United Kingdom; that
is, a declaration that there is no valid marriage in existence. A cleric has the same obligation to marry
a parishioner whose marriage has been annulled in this way as would exist if the parishioner had
never gone through a form of marriage. If in doubt, seek advice from the Registrar.
6.3 Marriage preliminaries are the responsibility of the priest and couple concerned. They follow the
pattern applicable in all other marriages, and if there is any doubt the priest should contact the
Diocesan Registrar or the Archdeacon.
Data Protection
6.4 The Data Protection Act 1998 introduced a category of ‘sensitive personal data’, which includes
information about a person’s religious beliefs, sexual life (including marital status), physical and
mental health and criminal record. With limited exceptions, the Act does not permit sensitive
personal data to be collected or used without the explicit consent of the person concerned.
6.5 You may wish to record sensitive personal data which is relevant to your decision whether or not to
conduct the marriage in your notes, recommendation or correspondence about an application. If you
do, and such data relates to the couple making the application, you should obtain their consent by
asking them to sign the appropriate section of the application form. This explains how personal data
about the couple will be used and with whom it will be shared.
6.6 You may need to record sensitive personal data about a third party – for example, a former spouse or
the children of a former marriage. It may not always be possible to obtain explicit consent from these
people. In such cases, the Information Commissioner has confirmed that you should be able to take
advantage of a statutory exception which permits such data to be processed without explicit consent,
where such processing is necessary in the context of confidential counselling and advice.
6.7 Whether or not personal data is sensitive personal data, it must only be processed in accordance with
the data protection principles. They require amongst other things, that
• personal data is kept secure; and
• personal data should be kept no longer than necessary. Where you agree to conduct a
marriage, we suggest that the relevant documents, interview notes, etc, should be destroyed
as soon as possible after the marriage takes place. Where you decline to conduct a marriage,
it may be appropriate to retain the data in case a further application is made by the couple to
you or to another priest in the diocese. How long the data should be kept in each case is a
matter of judgment. We suggest that you agree a policy with your bishop and ensure that his
records and yours are destroyed at the same time.
6.8 You should remember that the couple are entitled to see personal data that you hold about them and
so you should write your notes, your recommendation and your correspondence with the bishop in a
way that can readily be shared with the couple.
7. Statistics
7.1 So that accurate records can be kept of how this procedure works out, a quarterly return should be
made to the diocesan bishop indicating the number of further marriages conducted and the number of
applications refused.
Reissued January 2008
6
Appendix
The leaflet Marriage in church after divorce (referred to in section 4.4) is a form and explanatory statement
for enquiring couples which costs £1 and is obtainable from Church House Publishing. The text is as
follows:
Marriage in church after divorce
The Church of England teaches that marriage is for life. It also recognises that some marriages sadly do fail
and, if this should happen, it seeks to be available for all involved. The Church accepts that, in exceptional
circumstances, a divorced person may marry again in church during the lifetime of a former spouse.
If you are thinking about asking to be married in church, you should discuss this with your local parish priest.
Please do this well before choosing a date for your wedding.
Some priests may be willing to take such a marriage, others may not be prepared to do so, on grounds of
conscience, and may not allow the use of their church either. The law of the land permits them this choice.
If your parish priest is willing to discuss the possibility of conducting your marriage, he/she will want to talk
to you frankly about the past, your hopes for the future and your understanding of marriage. You and your
intended spouse should therefore be prepared to consider some questions. You are advised to reflect
beforehand on the issues they raise – and should be prepared to answer them honestly.
• What does marriage mean to you?
• What have you learned from your previous marriage?
• Has there been healing of past hurts?
• If you have children, how are they being looked after?
• What do others think of your marriage plans?
• When did your new relationship begin?
• Have either of you been divorced more than once?
• Are you wanting to grow in the Christian faith?
If you wish to proceed with your enquiry, both of you should complete the attached application form and
hand it to your parish priest. You will also need to bring with you written legal proof that any divorce decree
is absolute. (A decree nisi will not be sufficient.)
It is likely that your priest may ask for more than one confidential interview with you and your intended
spouse together. Your priest may also feel the need to consult with the bishop or his adviser, before making a
decision, although the decision remains with the parish priest. This process could easily take some time, and
you should discuss how long it might take with your parish priest at your initial meeting.
If it is not possible for your proposed marriage to take place in church, your priest may consider other
alternatives with you. If your priest agrees to conduct a marriage service, you may be invited to take part,
possibly with other couples, in marriage preparation.
* * * * *
The process this leaflet describes reflects the Church’s commitment both to lifelong marriage, and to taking
seriously your wish to marry in church. You may be certain that your application will be received and
considered with dignity, care and loving concern. Whether or not you proceed to marriage in church, your
priest and your local church are available to offer you guidance and support as you proceed on life’s journey.
The grace of our Lord Jesus Christ, and the love of God, and the fellowship of the Holy Spirit, be with you.
Please see the full document for the application form.
