MARRIAGE IN CHURCH AFTER DIVORCE
RECENT CHURCH OF ENGLAND STATEMENTS
1957 Act of Convocation- "…in order to maintain the principle of lifelong obligation which is inherent in every legally contracted marriage and is expressed in the plainest terms in the Marriage Service, the Church should not allow the use of that Service in the case of anyone who has a former partner still living".
This 1957 statement was rescinded in Nov 2002 by a vote in all three Houses of the General Synod (27-1(B); 143-44(C); 138-65(L)).
1981 General Synod motion, "That this Synod (a) believes that marriage should always be undertaken as a lifelong commitment; (b) considers that there are circumstances in which a divorced person may be married in church during the lifetime of a former spouse…".
2002 General Synod motion, "That this Synod (a) 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"; (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 this marriage); and (d) invite the House of Bishops to issue the advice contained in Annex 1 of GS 1449."
MARRIAGE - Bishops' Teaching Document
What does it say about marriage and its permanence ?
All Christians believe that marriage is "indissoluble" in the sense that the promises are made unconditionally for life….Some strands of the Western Church have concluded from this that a divorce decree is ineffective and a subsequent marriage invalid in the eyes of God. The reformers of the Church of England did not believe that this was taught in Scripture, and they did not teach it in The Book of Common Prayer… Yet…some Anglican Christians have believed, and still do, that such a marriage is strictly speaking, impossible. These convictions demand respect, though they are not those of the Church of England as a whole. And they emphasise one aspect of the truth which we all acknowledge: a broken marriage can never be put us back where we were before; it leaves relational ties and obligations behind which do not disappear (Marriage p14f).
What does it say about marriage after divorce ?
The Church has learned to stress the importance of putting a clear distance between the new marriage and the old: a distance of time, of local setting and of relationship. Time is needed to recover emotional stability and good judgment; a new setting is needed, where the former partner is not forced to endure the reopening of old wounds; and a new relationship is needed, avoiding suspicion that the new marriage consecrates an old infidelity (Marriage, p17).
What role could the church have in any such further marriage ?
Should the church as a whole decide on an alternative (ie to the Convocation Rules, as modified by experimental diocesan guidelines), it will be on precisely the same principles that
have guided us up to this point: that marriage is an unconditional commitment for life; that a further marriage after a divorce is an exceptional act; and that it must be approached with great honesty and circumspection; and that the
Church itself, through its ministry, has a part in deciding whether or not…it should take place in the context of church worship (Marriage, p18).
Do you accept the principle that there are circumstances in which a divorced person may be married in church during the lifetime of a former spouse ?
Why might Christians say "no" ?
- Belief in "indissolubilism": only death can end marriage bond eg Rom 7.2; 1 Cor 7.39
- Words of Christ on "adultery" eg in Mk 10.1-12
- Nature of vows – will make promises to one person that earlier made exclusively to another "till death us do part".
- Even if allow that may be right in some cases might hold that church should not be context for solemnization.
Why might Christians say "yes" ?
- Indissoluble and permanence meant in sense outlined above – "we do not hold the view that when a marriage has completely failed, it continues to subsist in a shadowy fashion: we
believe that it can be said in a literal sense of two living people that they were married and are no longer married" (MCAD, p12).
So, marriage SHOULD not be dissolved (ie divorce is result of sin) but marriage CAN be dissolved and not then always obliged to stay single. - Matthean exception (Mt 19.1-12) and Pauline privilege (1 Cor 7.15) show that a spouse can be free to remarry after divorce.
- Further marriage can be a sign of the gospel of forgiveness
Do you support the recommendations of the Working Party summarised in Chpt 9 of the report as being the right way to proceed ?
- Pastoral criteria, principles & procedures drawn up on national level – outlined in report eg understand purpose and meaning of marriage, provision for children and former spouse, not cause scandal etc.
- Incumbents discuss general policy with PCCs but no clergy obliged to perform any such further marriage if against conscience.
- Each case decided by incumbent.
- Incumbent refer to diocesan bishop who advise, ensure procedures followed and offer pastoral guidance.
- Training for clergy and keeping of records by diocese.
Aims
- Overcome current confusion and give coherence and consistency across church
- Uphold marriage and allow church to be faithful to Christian teaching in its decisions.
If not, what do you consider to be the shortcomings of the recommendations ?
- Can we use same marriage service or should the liturgy be adapted in some way ?
- What criteria and how will they actually work in practice ?
- What new workload for clergy and how will they pass discriminating judgments ?
- Is there a problem with such scrutiny for further but not first marriages or cohabitations?
GUIDANCE FROM HOUSE OF BISHOPS
This was issued in November 2002 to help clergy in making decisions about marriage in church after divorce.
For earlier CofE discussion see here
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