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St Peter’s Church Bredhurst Advice on organising events |
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This is a copy of the Bishop’s statement:
MARRIAGE IN CHURCH AFTER
DIVORCE
Back to Marriage PageBack to Resources Page 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 B30[1],
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 THE 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) 2. Principles The Responsibility of the Parish Clergy[2] 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 them[3].
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 judgement as to
whether to proceed with the proposed further marriage, in the light of the
Church’s teaching on marriage[4]
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? q Do the couple understand
that divorce is a breach of God’s will for marriage?
(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? q Does the divorced person
appear to be relatively free of self-deception and self-justification about
the past? q Did the divorced person take the first marriage seriously and
has he/she learnt from mistakes? q Is the other party aware of the possible cause(s) of the
breakdown of their future partner’s previous marriage?
c) Has there been sufficient healing
of the personal and social wounds of marriage breakdown? q Has there been enough time
and distance for the parties concerned to
recover emotional stability and
good judgement? q Are there any extant court
proceedings relating to the former marriage? q Are responsibilities to
the children of any previous marriage being recognised and honoured? (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? q 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? q 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? q 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?
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 judgement 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 Partnerships 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 enquirers. 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 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 Bishop[5].
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 be 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 Formalities[6] 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. 6.2 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 judgement. 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.
(on behalf of the House of Bishops) +DAVID EBOR: November 2002
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THE PAROCHIAL CHURCH COUNCIL OF THE ECCLESIASTICAL
PARISH OF SOUTH GILLINGHAM Registered Charity Number: 1130544 The Parish Office, St Matthew’s Church, Drewery Drive, Wigmore,
Gillingham, Kent ME8 0NX |
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