Liverpool Diocesan Registry

MARRIAGE

Banns
Common Licence
Special Licence
Superintendent Registrar's Certificate
The Church of England Marriage Measure 2008
Marriage After Divorce
Marriage of Unbaptised Persons
Frequently Asked Questions
Recommended Reading for Clergy

The principal law relating to marriage in Church of England parish churches is contained in the Marriage Act 1949. The Act provides that before a marriage can take place in a church, one of the following legal requirements must be fulfilled:

The calling of Banns; or
The issue of a Common Licence by the Bishop of the Diocese; or
The issue of a Special Licence by the Archbishop; or
The issue of a Superintendent Registrar's certificate

Banns

Where a marriage is to take place in the parish church of the parish where one of the parties resides, the banns must be called in that church and in the parish church of the parish where the other party to the marriage resides. If the marriage is to take place in the church of a parish where neither party resides, but in a church which is the "usual place of worship" of one of the parties (i.e. one of the parties is on the church electoral roll of that church), or in a church with which one of the parties can show a qualifying connection under the Church of England Marriage Measure 2008, banns must be called in that church, as well as in each of the parishes where the parties reside.

Where there is a parish with no parish church, or where there is a parish church which does not have a service every Sunday, or the parish church is temporarily closed for repairs, the parish can be treated as part of any adjoining parish, so that banns may be called in the church of any adjoining parish and the marriage solemnised there.

If a couple wish to be married in the church of a parish where neither resides or is on the church electoral roll, and where neither can claim a qualifying connection under the Church of England Marriage Measure 2008, they will need to apply instead for a Special Licence. (But see the question below which deals with multi-parish benefices.)

An application for the calling of banns must be made to the minister of each parish where banns are to be called. Banns must be called on three Sundays (not necessarily consecutive Sundays) prior to the wedding and a certificate of publication must be obtained.

A marriage after the calling of banns must be solemnized within three months of the last occasion on which banns were called.

Common Licence

A Common Licence is a Bishop's permission for a marriage to take place in a particular church. In order to qualify for the issue of a Common Licence one or both of the parties to the proposed marriage must (1) have resided in the parish where the marriage is to take place for at least 15 days immediately preceding the date when the affidavit for the Common Licence is sworn , (2) be on the church electoral roll (Marriage Act 1949), or (3) one of the parties must be able to show a qualifying connection with the parish (Church of England Marriage Measure 2008).

It is strongly recommended that, where either or both of the parties to a proposed marriage is a non-UK national, the marriage ought to be by licence (which involves the making of a sworn statement as to status), rather than by banns.

Clergy are advised to read the Faculty Office advice on the marriage of foreign nationals, which may also be of assistance to couples who are arranging their weddings in the Church of England, one or both of whom are not UK nationals. The UK Border Agency has also issued some helpful Guidance for Clergy on Foreign Nationals seeking to marry in the UK, which is available to read here:

On 11th April 2011 the Bishop of Ripon & Leeds wrote on behalf of the House of Bishops to the clergy of the Church of England on the topic of the marriage of persons from outside the European Economic Area. The letter directed ministers to follow the recommended procedures outlined in the letter, including the correct form of investigations to make to ascertain the genuineness of a proposed marriage. The letter is available to read here:

In cases where either or both parties are non-EEA nationals, or on the advice of the Diocesan Registry, the application form for a Common Licence should be used. The form and accompanying papers (see the Explanatory Notes attached to the form) should be sent to the Diocesan Registry(see Contact Us). When the Registrar is satisfied that the application is in order, the couple can then make an appointment to see one of a number of clergy around the diocese who have been appointed Surrogates for receiving Common Licence applications.

The application form does not need to be used in every case of a Common Licence. If the proposed marriage does not fall within the above category, an application can be made directly to a Surrogate in the Diocese. In any cases of uncertainty, the advice of the Diocesan Registry must be sought.

Where an application form is used, certified copies of the documentation should be sent with the form to the Registry (see the Explanatory Notes). In this case, when one or both of the parties appears before the Surrogate, they need only take their passports as proof of identity.

Where the application is made directly to a Surrogate, original documents as evidence will need to be provided:

(1) Passports
(2) Evidence of address of both parties [An original recent document showing the name of the party and current address, such as a utility bill, bank statement, etc.]
(3) Evidence of having a qualifying connection with the parish (if not resident or on the church electoral roll)

Where either or both of the parties have been married before, please see Marriage After Divorce.

Where a document which is produced is in a foreign language, the party concerned may be required to produce a certified translation.

For the fees payable for a Common Licence, see Fees

Special Licence

The Archbishop of Canterbury has the right to grant a Special Licence for a marriage to take place at any convenient time or place in England or Wales. The issue of a Special Licence is discretionary. The most common need for a Special Licence is if the parties wish to be married in a church or chapel of a parish where neither resides or is on the church electoral roll, and where neither can show a qualifying connection under the Church of England Marriage Measure 2008. Another common reason is if the parties wish to be married elsewhere than in a building which is authorised for marriage according to the rites and ceremonies of the Church of England, for example, a school or college chapel.

Enquiries about a Special Licence should be made to: The Faculty Office , 1 The Sanctuary, Westminster, London SW1P 3JT (Tel: 0207 222 5381)
Email: faculty.office@1Thesanctuary.com).

For the fees payable for a Special Licence, see Fees

Superintendent Registrar's Certificate

A Superintendent Registrar of a civil Register Office may issue a Certificate to permit a marriage to take place in an Anglican church. One of the parties must have the required seven days' residence within the registration district and within the parish where the marriage is to take place before applying for the Certificate, or the church must be the usual place of worship of one or both of the parties. The Registrar enters the details of the parties in a book which is open to public inspection and also displays a notice at the Register Office for 15 days. If no impediments are shown within the period of 15 days, a Superintendent Registrar's Certificate can be issued. However, a member of the clergy is under no obligation to marry people who have chosen this preliminary, and in practice clergy will recommend banns or a Common Licence.

The Church of England Marriage Measure 2008

The aim of the Church of England Marriage Measure 2008 is to allow couples to be married by Banns or Common Licence, rather than by Special Licence, in a parish where they can show that one of them has a "qualifying connection".

A person has a qualifying connection with a parish if:

that person:

was baptised in the parish. (This does not apply where the baptism formed part of a combined service of baptism or confirmation); or
had his or her confirmation entered in a church register book of a church or chapel in the parish; or
has at any time had his or her usual place of residence in the parish for at least 6 months; or
has at any time habitually attended public worship in the parish for at least 6 months; or

a parent of that person has at any time during that person's lifetime:

had his or her usual place of residence in the parish for at least 6 months; or
habitually attended public worship in the parish for at least 6 months; or

a parent or grandparent of that person was married in the parish.

The references to baptism, confirmation and marriage, and to attending public worship, are all confined to services according to the rites of the Church of England.

The Measure came into force on 1st October 2008. The House of Bishops has issued some Guidance on the new Measure. See also, the Church of England web site.

Marriage After Divorce

In July 2002, the General Synod of the Church of England decided to rescind the marriage resolutions of the Convocations of Canterbury and York, which had urged clergy not to use the marriage service in the case of anyone who had a former partner still living. In November 2002, the House of Bishops issued Advice to Clergy (GS1499) concerning the procedure to be followed when one of the applicants for a marriage licence is a divorced person with a former spouse still living. The Synod made it clear that the decision whether to solemnize such marriages rests with the incumbent(or officiating minister, provided the incumbent is prepared for his/her church to be used for the marriage). Whilst parishioners normally have the right to be married in the parish church of the parish where they live, a member of the clergy is entitled by law to refuse to remarry a divorced person in church whilst the former spouse is still living. (See Section 8 of the Matrimonial Causes Act 1965.)

The House of Bishops discussed the issue of Common Licences in respect of those being married in church after divorce. The House resolved that Common Licences should be available to the divorced, provided that the Advice to the clergy had been complied with.

The recommended practice is for the officiating priest to write to the Bishop of Liverpool explaining his or her reasons for supporting the proposed remarriage. The General Synod Office has produced for enquiring couples a Form and Explanatory Statement concerning marriage in church after divorce. The member of the clergy concerned should interview the couple, in accordance with the Advice to Clergy, and ask the couple to complete the Form and Explanatory Statement. Before the application is made and the affidavit is sworn, the approval of the Bishop of Liverpool must be obtained by the member of the clergy concerned. It would be helpful to the Bishop if the completed Form is sent to him to assist him in making his decision as to whether approval should be given.

Marriage of Unbaptised Persons

Where neither party is baptised, the practice in the past has been that applications for a licence should be referred to the Bishop. The House of Bishops now supports the view that the lack of baptism of either or both parties should not in itself be a bar to the granting of a licence to enable a wedding to take place in church, and accordingly there is no longer a need to refer an application to the Bishop when neither party is baptised.

Frequently Asked Questions

Q: Is a member of the clergy obliged to marry a parishioner?: A: Yes, unless either (a) one of the parties is divorced and the former spouse is still living, or (b) the marriage is prohibited by law owing to the relationship of the parties, or (c) one of the parties is a minor and the appropriate consent or consents have not been given.
Q: Is it possible to be married in my school or college chapel?: A: Yes, if the Faculty Office is prepared to grant a Special Licence.
Q: Can I be married in the church of the parish where my parents live?: A: The Church of England Marriage Measure 2008 allows a couple to be married by banns or by common licence in the church of a parish where a parent of a party to the proposed marriage has resided at any time for a period of not less than six months during the lifetime of the party concerned.
Q: Can I be married at any time of day?: A: The marriage must take place between 8.00am and 6.00pm. The only exception to this is where a Special Licence has been granted, as this can authorise a marriage at any time of day or night. However, a Special Licence will only permit marriage outside the usual hours when medical necessity dictates this.
Q: Can a Roman Catholic (or other non-Anglican) be married in an Anglican church, even if it is not possible to have a Roman Catholic (or other) wedding service?: A: Yes. People of any faith can be married in an Anglican church, provided that the Anglican form of marriage service is used. An Anglican priest must conduct the service. For the marriage to be legally valid, there are certain parts of the Anglican marriage service which an Anglican priest must say, including the final blessing, but a clergyman of another denomination may assist with other parts of the service, for example, an address or prayers. There is a detailed discussion of this question in Legal Opinions Concerning the Church of England, 8th Ed. 2007 on pages 365-366.
Q: I live in a parish which is part of a benefice which has five parish churches. Can I be married in any parish church within the benefice?: A: If you have a "qualifying connection" with another parish in the same benefice (see The Church of England Marriage Measure 2008) the answer is yes. But normally, the answer is no, unless you are on the church electoral roll of the parish where you wish to be married, or unless you obtain a Special Licence. The Marriage Act allows people to have banns called in the church of any parish where they reside or are on the electoral roll, and then to be married in the church, or in one of the churches, where banns have been called. Likewise, a person can apply for a Common Licence to be married in the church of the parish where he or she resides or is on the electoral roll. The key word is "parish". However, it is possible for the Bishop to make an order under Paragraph 14(4) of Schedule 3 of the Pastoral Measure 1983, specifying where banns may be called and marriages solemnised in a multi-parish benefice. Effectively, this means that the Bishop can make an order saying that any person living within the benefice can have banns called in, and be married in, any church within the benefice. To summarise: you can be married in a church in a different parish in the same benefice if either:

(a) you can show a qualifying connection with the other parish (Church of England Marriage Measure 2008); or
(b) you are on the electoral roll of the parish where you wish to be married (Marriage Act 1949); or
(c) the Bishop has made an order allowing banns to be called in any parish in the benefice (Pastoral Measure 1983).
If none of the above apply, you will need to apply for a Special Licence.
Q: What is the correct terminology for describing the parties to a marriage in marriage certificates?: A: The Registrar General has amended the regulations on registration, following the coming into effect of the Civil Partnerships Act 2004. The terms "bachelor" and "spinster" are no longer to be used in marriage registers and certificates. The alternative terms to be used are as follows:
Single
Widow
Widower
Previous marriage dissolved
Previous marriage annulled
Surviving civil partner
Previous civil partnership dissolved
Previous civil partnership annulled
The same terms will be used in applications for Common Licences.
Q: What wording should be used by a member of the clergy calling banns in a case where one of the parties to a proposed marriage has a qualifying connection under the Church of England Marriage Measure 2008?: A: The normal wording should be used for the banns, except that at the point where the banns refer to the person with the qualifying connection, the words "N of this parish" should be changed to "N of the parish of X who wishes to be married in this church by virtue of his/her connection with this parish".
Q: Does my natural father's name have to appear in the marriage register?: Normally, the natural father's name should appear in the register. Where a person has been legally adopted, his or her adoptive father's name may be entered without qualification. But if the party to the marriage is known by a surname different from that of his or her adoptive father, and the name and surname of the adoptive father are entered in column 7 of the register, then the words "adoptive parent" may be entered in brackets after the surname, if this is desired by the party. But occasionally one of the parties to a marriage may not wish his or her father's name to appear, for example, if he or she has never known his or her natural father, or has been brought up by a step-father. In such case the minister should not insist on the natural parent's name being entered, but should draw a line through the columns relating to the father's names and profession, to show that the information was not supplied. However, since the coming into force of the Registration of Marriages (Amendment) Regulations 2007, it has been permissible to record a step-father's name, instead of the natural father's name, provided that the step-father is, or has been, married to the mother. Where a step-father's name is entered, the word "step-father" should be entered after the surname.