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Marriage in Church after Divorce (updated February 2003)

On 9 July 2002, the General Synod in an historic vote agreed a way forward on the vexed question of further marriage in church after divorce by supporting the following motion by 269 votes to 83:

"That this Synod

  1. affirm, in accordance with the doctrine of the Church of England as set out in Canon B30, that marriage should always be undertaken as a "solemn, public and life-long covenant between a man and a woman";
  2. 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;
  3. 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 this marriage); and
  4. invite the House of Bishops to issue the advice contained in Annex 1 of GS 1449."

Synod then followed this up in November 2002 by formally rescinding 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.

What does all this mean?

While the July 2002 motion primarily sets out the legal position that already applies, it nevertheless can be said with some justice to represent the mind of the Church of England on this matter. It was moreover arrived at after the Synod had decisively rejected amendments that called for the setting up of panels and the wholesale review of the current legal framework whereby the decision rested with the cleric.

By rescinding the Convocation Marriage Resolutions, the Synod has also removed any inconsistency between the cleric's right in civil law to solemnise further marriages in cases where the former partner is still living - which remains unaffected - and the Church's official exhortations against such marriages. This step was taken - in accordance with the General Synod's Constitution -following separate debates (and votes) in both Convocations and the House of Laity.

These changes do not confer an automatic right on couples to further marriage in church. The House of Bishops has issued Advice to the Clergy (referred to in para (d) of the July 2002 Synod motion and which includes the text of Canon B.30) setting out a number of searching questions that can be asked of couples which are designed to safeguard the Church's doctrine of marriage. While the decision rests with the officiating cleric, he/she has the option of referring cases to the bishop (or his adviser) reflecting their shared responsibility for the cure of souls.

A leaflet for enquirers that includes an explanatory statement and an application form is also available and can also be ordered from Church House Bookshop. Clergy desirous of further information about the handling of cases within their diocese are advised to contact their Diocesan Bishop's Office and / or the Diocesan Family Life and Marriage Education Officer / Committee. It is envisaged that co-ordinated training/CME material for clergy covering both this matter and the planned changes to marriage law in respect of banns and residency will be provided.

Those wanting access to further material on this matter can refer to the following (* available from Church House Bookshop http://www.chbookshop.co.uk ):