The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
7. A divorce decreed by a competent Christian tribunal between persons
domiciled in the country where it is obtained is regarded as valid in
England, if valid according to the law of that country.[230] But if a
person domiciled in England obtains a divorce in another country to
which he has gone for the purpose, that divorce will not be recognised
as legal here.[231] If persons obtain a dissolution of marriage by a
judicial decree in England, the Divorce Act, 1857, authorises them to
marry again after the time for appealing against the decree has expired,
or after the marriage has, on appeal, been declared to be dissolved, in
like manner as if the marriage had been dissolved by death. A person
divorced in England has, therefore, a legal right to require his or her
banns to be published and marriage to be solemnised in church in like
manner as if he or she were a widower or widow, with the exception that
no clergyman is by law bound to marry a person whose marriage has been
dissolved on account of the person's own adultery; but in case of his
refusal to do so he must permit any other clergyman willing to perform
the ceremony to use his church for the purpose.[232] In the banns in
such cases the person has to be described, if at all (see § 10), as
"unmarried." In the case of a person whose divorce elsewhere than in
England is valid according to English law, it would seem that although
he or she can legally remarry in England, yet a clergyman is under no
legal obligation to publish the banns or perform the ceremony or permit
it to be performed in his church. The practice as to granting marriage
licences in the case of divorced persons varies in different
dioceses.[233]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account