Marriage can take place after any of the following:
Any person over the age of sixteen, with the necessary residential qualifications, or a person on the Electoral Roll, is entitled to be married in his or her parish church or parish centre of worship, or the church where his or her name is entered on the Electoral Roll.
The banns must be called in the parish church where each person is resident, and, if appropriate, in the church where they are on the Electoral Roll. Banns must be called on three Sundays before the marriage, but they need not be consecutive Sundays. The marriage must take place within three months of the final calling of the banns.
A Common Licence is a privilege of the Church, and it is issued only at the discretion of the Bishop of the Diocese. It is necessary for one of the parties to establish residence in the parish in which the couple wish to marry, for a period of fifteen continuous days immediately prior to the issue of the Licence or for at least one of the parties to be entered on the Electoral Roll of the parish in which they wish to marry. The marriage must be solemnised within three months following the issue of the Licence.
It is advisable for those who are not UK residents, or holders of a UK Passport, to proceed by way of a Common Licence.
Application for a Common Licence should be made through a Surrogate (names and addresses appear in the current London Diocesan Year Book), or directly to the Diocesan Registrar.
Where a person cannot establish the residence qualification it may be possible to obtain an Archbishop's Licence for a marriage to take place.
An Archbishop's Licence is required when a wedding is to take place in a building which is not licensed for marriages.
An Archbishop's Licence can also be used for a "death bed" marriage and for other such emergencies. The Licence application form is obtained from the Clerk to the Faculty Office, 1 The Sanctuary, Westminster, London SW1 (020 7222 5381).
Though rarely used, a marriage may be solemnised in a Church of England building following the issue of a Superintendent Registrar's Certificate. One of the parties to the marriage must reside for at least seven days in the registration district in which the church situated. Notice must be given to the Superintendent Registrar. The Certificate is issued twenty days following the publication of the Notice. This is therefore not a quick method of procedure.
If one party of a proposed marriage is of foreign nationality, the Diocesan Registrar should be consulted. It is usually necessary for such marriages to be by Common Licence.
Subject to the provisions relating to divorced persons there is an absolute right for people to be married after banns in their parish church or parish centre of worship. There is no requirement that either or both parties should be baptised.
However, a priest should inquire whether the unbaptised persons can in good conscience take part in a Christian marriage service. In all cases of doubt, the Bishop should be consulted.
Where the unbaptised person disclaims belief in the Christian faith, or is a practising member of a non-Christian religion, then the matter should always be referred to the Bishop.
For marriage by Common Licence, the House of Bishops of the General Synod has determined that, being a privilege of the Church, a Licence will not be issued unless at least one of the parties is baptised.
A certificate of nullity from a civil court may be accepted as evidence that a former marriage was null and void and that a marriage may take place as of bachelor or spinster.
Any person resident in a parish or on the Electoral Roll, has an absolute right to have his or her Banns called in the parish church or parish centre of worship or the parish where he or she is on the Electoral Roll. If a parish priest refuses to publish banns, the aggrieved party can apply to the High Court for an Order requiring the incumbent to publish the banns. Such an Order will be in the Judge's discretion. It is unlikely that an Order would be granted because the Marriage Act 1949 provides an alternative remedy, namely an application to the Superintendent Registrar.
There is no legal obligation on a priest to marry a divorced person with a spouse still living, and a parish priest can refuse to allow the parish church to be used for this purpose.
A Common Licence being a privilege of the Church will not be issued when one or both of the parties is divorced with a spouse still living.
This service is used when the couple, already married, wish to dedicate to God their life together. Because it is not a marriage service the banns are not called, and no entry is to be made in the Register of Marriages. It may be entered in the Register of Church Services. Care must be taken to ensure that this service does not resemble a marriage service.
The law requires that the actual marriage, i.e. the first part of the service including the nuptial blessing, must be performed by a clergyman of the Church of England.
The incumbent may invite Roman Catholic priests or Free Church ministers to take some of the prayers following the marriage and to offer prayers according to their own tradition. They may also give an address with the consent of the parish priest.
Anglican Clergy Ordained Outside the British Isles
All requirements of the law regarding marriage should be properly observed in all respects, including the calling of banns, the conduct of the marriage, and its registration, so as to avoid doubt concerning validity.
In all cases of doubt on any part of the marriage procedure advice can be obtained from the following:
| The Diocesan Registrar Diocesan Registry The Old Deanery Dean's Court London EC4V 5AA Tel: 020 7593 5110 |
