This document was issued over 10 years ago. The regulations are currently the subject of debate and revision. We have added a letter from the then Bishop of Carlisle to his clergy, which shows the way Bishops interpret these rules.

We always ask the Bishop’s permission before going ahead with a ceremony.

MARRIAGE IN CHURCH AFTER DIVORCE

Guidelines issued by the House of Bishops

1 . The Regulation provides that guidelines for consideration in each case shall be issued by the House of Bishops. These guidelines are set out in the following paragraphs.
2. In order that the Church may reach a decision on whether the couple are free to marry in church questions will need to be asked about the past marriage(s) now dissolved by divorce; about the present attitude and approach of the couple; and about their convictions for the proposed marriage. None of these areas can be taken in isolation; each will cast light on the others; nor need they be considered necessarily in the order in which they are set out.
3. The purpose of the guidelines is to enable the couple's application to be considered and resolved as part of the Church's pastoral ministry towards them. Whilst the questions raised by each of the guidelines need to be considered in all cases, the detailed circumstances of particular applications may be such that one or another of the guidelines in paragraphs 4 and 5 below may not be relevant, or that it would be right to attach a greater or less degree of significance to one or to another.
4. The Past Marriage
The divorced person may be free to marry in church:-
i) if the relationship now dissolved by divorce was either in its original intention or as it developed one which clearly failed to aspire to the nature and purpose of marriage as taught by our Lord.
If it is established for instance that the consent of either party to the marriage was not freely and fully given; that the union was not consummated; that one partner had made a unilateral decision not to have children; or that there was persistent infidelity by the former partner, then there may be evidence that the applicant is free to marry in church.
or ii) where the prime reason for the breakdown of the former marriage was arbitrary action by the other party of that marriage or where the applicant was divorced against his or her will.
or iii) where a turning to or from Christ by one partner of the former marriage caused in incompatibility of spirit that love could not overcome.
5. Present Attitude and Approach
The applicants may be free to marry in church:-
i) where the relationship between the applicants was not the direct cause of the breakdown of the former marriage.
If the relationship between the applicants was a direct cause of the breakdown of the previous marriage then the application is not likely to be granted.
If the previous partnership had already broken down but had not yet been dissolved by divorce before the present relationship developed, then the applicants may be free.
ii) where the divorced person demonstrates a mature view of the circumstances of the divorce.
The divorced person, now seeking marriage, needs to be free of self deception and falsification about the past. If an applicant accepts no responsibility for the breakdown of the previous marriage, then there is probably an immature and unrealistic attitude and the application is not likely to be granted.
iii) where the divorced person appears now to be free from personal conflict about the past relationship and has faced the requirement for forgiveness of the former partner for actions or attitudes which may have contributed to the breakdown of the marriage.
If an applicant is still bitter or unforgiving towards the previous partner the application is not likely to be granted.
If there is evidence of an attitude of forgiveness and of a generosity of spirit he or she may be free.
iv) where the divorced person acknowledges that divorce is a breach of God's will for marriage and is repentant before God.
If an applicant regrets the failure of the former partnership but shows no indication of moving, where appropriate, from regret to penitence before God the application is not likely to be granted.
Where the divorced person is aware of a failure before God and shows penitence, then he or she may be free.
v) where the person is ensuring reasonable provision for dependants from the previous marriage and shows concern for their well being.
If the former partner and the children of the previous marriage are not cared for and adequately provided for in relation to the means at present available the application is not likely to be granted.
If the applicant has taken all reasonable steps to ensure the happiness, security and welfare of the dependants he or she may be free.
6. The Proposed Marriage in Church
The applicants may be free to marry in church:-
i) where the couple show that they are growing in a Christian understanding of marriage in accordance with our Lord’s teaching.
If an applicant shows evidence of turning to Christ since the former marriage or shows evidence that through the experience of the breakdown of the former marriage he or she has now reached a surer Christian appreciation of marriage he or she may be free.
If an applicant has had more than one marriage dissolved by divorce, it is probable that he or she has not accepted a Christian understanding of marriage and the application is not likely to be granted.
Applicants must be willing to undertake such preparation for marriage as the incumbent believes to be necessary.
ii) where the applicants accept Christian doctrine and practice in such a way that they sincerely intend to seek God’s help in making and sustaining their marriage.
If the Applicants show no evident understanding of the gospel and take no discernible part in the life of the church, the application is not likely to be granted.
__________________________________________________________________________________________________________________
The following is a letter from the then Bishop of Carlisle to his clergy in 1987. I have included it solely so that you can understand some of what goes through clergy minds:

BISHOPS REGULATIONS FOR MARRIAGE OF DIVORCED PEOPLE IN CHURCH

1. As a background to the present situation may I remind you that the Matrimonial Causes Act 1965, section 8, provides firstly, that where a decree of divorce has been made absolute and rights of appeal are exhausted either party to the former marriage may marry again; and secondly that no clergyman of the Church of England shall be compelled either to solemnise the marriage of any person whose former marriage has been dissolved and whose former spouse is still living: or to permit the marriage of such person to be solemnised in the church or chapel of which he is a minister.
2. At the Synod the Motion rescinding the Canterbury Convocations Regulation that 'No public service shall be held for those who have contracted a civil marriage after divorce" was given provisional approval.
3. The combination of the General Synod's decision in 1981 that "there are circumstances in which a divorced person may be married in church during the lifetime of a former partner" and the rescission of the Convocation of Canterbury's regulation (the Convocation of York did not have a similar regulation) that “no public service shall be held for those who have contracted a civil marriage after divorce" has had two consequences.
The first is that the decision whether to exercise his statutory discretion to marry in church a person who is divorced during the lifetime of that person's former spouse now rests entirely with the incumbent concerned.
4. If the incumbent wishes to conduct such a marriage the House of Bishops hopes, but cannot insist, that he will first consult with his Bishop. If I am consulted I shall ask the incumbent to follow the guidelines (a copy of which I enclose also) and to send me a written statement about the applicants, using the guidelines as a model to follow. It is only with this written statement and any other information that the incumbent thinks right to send to me that I shall be in a position in each case to decide whether to support the pastoral judgment which the incumbent makes or not.
5. If the marriage is to take place after banns, the condition (i.e. bachelor, spinster, etc.) of the person does not have to be stated.
6. The Bishops advise that marriage in church after divorce should follow banns or a Superintendent Registrar's Licence.
7. One reason for consulting the Bishop in these cases is so that there may be some kind of uniformity throughout the Diocese. But I must repeat, the final decision has to rest with the incumbent.
8. Each case should be judged on its merits. It would clearly be unwise for an incumbent automatically either to agree or refuse every application made to him.
9. The second consequence of the decisions I have mentioned above is that a service of prayer and dedication may now be held in church for those who marry in a Register Office after divorce. This will now be possible in both the Province of Canterbury and of York. Copies of this service can be obtained from S.P.C.K. and other Church Book Shops. If an incumbent wishes to pray with a couple after a civil marriage in a Register Office, some suggested prayers and readings may be obtained from the Bishop. (Graham’s Note: This is not now allowed by Registrars – the civil and religious ceremonies must be kept separate)
10. I do not underestimate the pressure which may arise upon an incumbent who agrees to marry one couple in church but refuses another. I am anxious to help and support the clergy in the making of these pastoral judgments which now rest entirely with them. But in order to do so I shall need careful written statements by the incumbent about the applicants. If the number of cases were to become excessive I should consider setting up an Advisory Panel to help me.