Marriage Following Divorce

Marriage Following Divorce

Since 2002 it has been possible for people who have previously been married and divorced, and whose former spouse is still living, to marry within the Church of England. In November 2002, the House of Bishops issued advice to clergy concerning the procedure to be followed when one of the applicants for banns or a marriage licence is a divorced person with a former spouse still living.

There is a useful application form for couples in this situation, and the clergy advising them, at Marriage in Church After Divorce

When a couple wish to apply for Banns or a Common Licence, if one of them is a divorced person with a former spouse still living, the minister concerned should interview the couple and ask them to respond to the Marriage in Church After Divorce document.  The permission of the diocesan Bishop should then be sought for the issue of a Common Licence if the marriage is to take place under the authority of a Licence (though the Bishop’s permission is not required in cases where the marriage is to take place after the publication of banns).

The Bishop will require the following information when applications are made to him for approval for a common licence to be issued:

  • A full completed application;
  • Dates of when the couple first met and when they started a relationship;
  • Dates of separation and divorce where one or both were married;
  • Assurance that this relationship was not the cause of the breakdown of an earlier marriage(s);
  • Copy / copies of the Decree(s) Absolute (and official translation if applicable).

Whilst parishioners normally have the right to be married in the parish church of the parish where they live, a priest is entitled by law to refuse to remarry a divorced person in church whilst the former spouse is still living.

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