Folia Theologica et Canonica, Supplementum (2016)
Hanns Engelhardt, Marriage and Divorce In Anglican Canon Law
MARRIAGE AND DIVORCE IN ANGLICAN CANON LAW 65 annulled or dissolved does not constitute a termination of the marriage “in the eyes of the Church’’ also as it permits contracting a new marriage which the clergy have to recognize as legally existing pursuant to Can. 1.18 sec, 1. If members of the clergy are requested to solemnize the marriage of any person who has been the husband or wife of any other person then living, they have to-ascertain that the prior marriage has been annulled or dissolved by a final judgment or decree of a civil court of competent jurisdiction,- instruct the parties that continuing concern must be shown for the well-being of the former spouse, and of any children of the prior marriage,- consult with and obtain the consent of the Bishop of the Diocese wherein the Member of the Clergy is canonically resident or the Bishop of the Diocese in which the Member of the Clergy is licensed to officiate prior to, and shall report to that Bishop, the solemnization of any marriage under this Section; if the proposed marriage is to be solemnized in a jurisdiction other than the one in which the consent has been given, the consent must have been affirmed by the Bishop of that jurisdiction (Can. I. 19 Sec. 3 (a) - (d)) In any case the member of the clergy may deny solemnization as in all other marriage cases. 3. Nigeria There is no canonical procedure aiming specifically at the annulment or divorce of a marriage. However, if a (new) marriage is proposed to be contracted by parties either of whom have formerly been married by Christian Rites or by any other form of marriage recognized by the Church to a person still living and the marriage has been annulled or dissolved by a civil court, the canonical form of solemnization of Holy Matrimony shall not be used (Can. XVII Sec. 2 [3]). However, any of the parties may apply to the Bishop for permission to have the new marriage solemnized (Can. XVII sec. 2 [4/a]). The Bishop, with the concurrence of the majority of two or more assessors, including the relevant Archdeacon and the Chancellor or Registrar of the Diocese or some other Communicant Member of the Church, i.e. at least one clergy person and one jurist, decides on the application, but not earlier than one year after the final dissolution of the former marriage (Can. XVII sec. 2 [4/d]), granting or withholding the permission. A favourable judgment requires that one or more of the impediments (Sec. 6) are shown to have existed in the previous relationship which manifestly establish that no marriage bond as is recognized by the Church exists (Sec. 2 [4/f/iv])
