Folia Theologica et Canonica, Supplementum (2016)

Hanns Engelhardt, Marriage and Divorce In Anglican Canon Law

MARRIAGE AND DIVORCE IN ANGLICAN CANON LAW

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Pursuant to the Canon of 2012 the parties had to sign the following declaration:

“We, A.B. and C.D., desiring to receive the blessing of Holy Matrimony in the Church, do solemnly declare that we hold marriage to be a lifelong union of husband and wife as it is set forth in the Book of Common Prayer.”

“We believe that the union of husband and wife, in heart, body, and mind, is intended by God for their mutual joy; for the help and comfort given one another in prosperity and adversity; and, when it is God’s will, for the procreation of children and their nurture in the knowledge and love of the Lord.” “And we do engage ourselves, so far as in us lies, to make our utmost effort to establish this relationship and to seek God’s help thereto.”

Both parties must freely and knowingly consent to such marriage, without fraud, coercion, mistake as to identity of a partner, or mental reservation (sec. 2 [c]). At least two witnesses must be present at the solemnization of the marriage and shall sign, together with the officiating Member of the Clergy and the couple, the record of the solemnization in the proper register (sec. 5).

Of special importance, as it seems to me, is the regulation that it is within the discretion of any Member of the Clergy to decline to solemnize any marriage (sec. 7). Although this regulation was introduced in connection with the possibility to solemnize marriages of divorced persons it is not confined to this or other special cases. Any clergyperson may decline to solemnize any marriage for any reasons which I think she or he is not obliged to reveal. The parties cannot appeal against the decision of the clergyperson, but they may of course apply to the Bishop to provide for another clergyperson who is prepared to solemnize their marriage (the canonical requirements being fulfilled).

3. Nigeria

In Nigeria the Marriage Canon (Can. XVII) distinguishes between Solemnization of Holy Matrimony by the Rites of the Church (Sec. 2) and marriage under non-Christian law (Sec. 3).

Solemnization of a marriage according to the rites of the Church presupposes as a rule that both parties are baptized. If only one party is baptized the Bishop may grant a dispensation if he is satisfied that both parties intend to lead a marriage according to Christian principles and give an undertaking that any children shall be baptized and brought up as Christians (Can. XVII sec. 2 [ 1 ] and [2]).

With regard to marriage under non-Christian law the Canon determines (Sec. 3 [4]) that where local practice in regard to marriage is not repugnant to Christian Doctrine or Law, observance of such practice by two persons desiring