Review of Aspects of Marriage Law

Terms of reference for the Review Group

1. To review the following aspects of the law relating to marriage according to the rites of the Church of England and marriage in Church of England churches:
   
   
1. preliminaries to marriage, including banns and the possibility of universal civil preliminaries;
   
   
2. the place where the marriage is solemnised, including residence qualifications, solemnisation in places other than a parish church, and marriage in military, naval and air force chapels;
   
   
3. the times between which a marriage may be celebrated;
   
   
4. ecumenical issues relating to the formation of marriage, in particular the participation of non-Anglican ministers in marriages according to the rites of the Church of England, and the use of Church of England churches for marriages according the rites of other Churches; and
   
   
5. other aspects of the law relating to the formation of marriage (other than those outlined in the note below) which the Review Group considers it appropriate to review together with the subjects set out above.
   
   
2. To consider any possible implications for marriages according to the rites of the Church of England of current Government proposals in relation to marriage, including proposals regarding the civil registration system.
   
   
3. To report with recommendations for legislation or other action as appropriate.
   
   

Notes on terms of reference

1. The review would not cover matters such as the following:
   
   
1. the fundamental nature of marriage, and matters such as the minimum age for marriage and parental consent (which are common to all marriages in this country, including marriages in non-Anglican Churches and before a civil registrar). [However, an understanding about the fundamental nature of marriage – as articulated in various Synod reports and House of Bishops’ material, for example – would need to underpin the Review Group’s work];
   
   
2. the further marriage of divorced persons whose former spouses are still living;
   
   
3. the rules relating to prohibited degrees of kindred and affinity (which are again common to all marriages in England) and relevant legislation which permits a member of the clergy of the Church of England to refuse to marry persons within certain relationships of affinity; or to allow the church of which he or she is the minister to be used for such a marriage; and
   
   
4. the right of all parishioners, whether or not they are members of the Church of England, to be married in their parish church, provided some appropriate system of preliminaries is complied with. This would obviously be a highly controversial subject, raising questions as to the nature of the Church of England as the Established Church.