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Significant changes are about to take place in the way that marriages are registered in England and Wales. The changes will affect all clergy in the Church of England and the Church in Wales who conduct marriages. The implementation date has yet to be announced, but it is likely to be before the end of this year. The Faculty Office has issued the following summary of the changes and their implementation.
Marriage Law News
You may already be aware that the way in which marriages are registered is set to change following the passing into law of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 which, as well as providing for opposite-sex couples to be able to enter into civil partnerships, will allow for mother’s names to be included in Marriage Registers as well as/in place of father’s names. It also makes provision for significant changes in the way that marriages are registered.
Representatives of the Faculty Office and the Legal Offices of the Church of England and Church in Wales have been in discussion with the General Register Office (GRO) about the proposed changes which they under pressure from Government Ministers to bring into effect as soon as possible – and despite our collective representations, the GRO are currently proposing to bring in the changes before the end of the year. A number of issues remain to be resolved including the provision of a workable secure system to produce the new documentation and time to train the 20,000+ clergy who are able to conduct weddings in both Churches.
In essence the proposals will replace Marriage Registers and Marriage Certificates (issued at the time of the wedding) with a Marriage Document which will be prepared by the officiating priest before the wedding. At the ceremony, the Marriage Document will be signed by the couple, their witnesses and the officiating priest (in much the same way as the Registers are currently). The significant difference is that the couple will then need to ensure that the Marriage Document is deposited at the local Register Office within 7 days of the date of the wedding and the local Superintendent Registrar will then record the details and issue the couple with a Marriage Certificate (for which there will be a fee). The couple can ask someone to lodge the Marriage Document on their behalf (as in many cases they will, of course, be on honeymoon!) but it is their responsibility, NOT the officiating minister’s responsibility, to ensure that it is done.
As an interim measure, the Marriage Document will be available in a number of formats, including a manual format and a ‘type and print’ facility. The Regulations envisage that eventually there will be a secure online portal to which clergy will require access as there is provision for couples to be reminded by email from the General Register Office if they have not lodged the Document within the required period.
For marriages that currently take place by Superintendent Registrar’s Certificates, the SRC will be replaced by a “Marriage Schedule” which will be produced by the Register Office taking Notice of the Marriage and that Schedule will then be signed by all the parties including the officiating priest once the marriage has taken place and, again, will have to be lodged with the Register Office within 7 days.
Immediately following implementation, the existing marriage register books held in churches will need to be closed. The incumbent, or in a vacancy the Area/Rural Dean, will be responsible for closing the registers by striking through any unused entry spaces. One copy of the register will then need to be returned to the local Superintendent Registrar together with any unused marriage certificate stock. The other copy of the register is to be retained in the church until such time as it is to be deposited in the Diocesan Record Office.
There is a proposal that, in due course there will be a register book for marriages solemnized in Anglican churches in the same way as for baptisms, confirmations and burials. However that will be an internal matter for the CofE and nothing to do with the GRO and it will not be the legal record of marriages, nor will be certificates issued from it. The Legal Office will advise further on this in due course. It is not immediately clear if the Church in Wales has anything similar in mind.
Before the new system goes live, some training will be provided by the GRO. However, it is unlikely that the GRO will have the resources to provide face-to-face training for all clergy and there will need to be a degree of co-operation with the dioceses. The GRO will however provide “awareness” (probably online and by mail-out) and a dedicated helpline available Monday – Saturday as well as a 24 hour emergency line. It is also intended to provide a printed aide-memoire to be placed in the vestry and which will include the emergency numbers and reminder of the new system. As regard training on the new system, it has been agreed that the Diocesan Registrars will be the most appropriate point of contact for the GRO to co-ordinate this.
These changes are significant, both for clergy and the couples, and it is essential that all clergy who conduct marriages are aware of them to ensure that the law is complied with and that couples’ marriages are validly conducted and properly registered. As further details become available we will post details on our website and Church House, Westminster and The Representative Body of the Church in Wales will also communicate the details through the dioceses and any relevant national networks.
5 August 2019
Church Times has published this article today: Unease at timetable for clergy to adapt to new marriage formalities.
The Church of England issued the statement below today. Law and Religion UK have also covered this story here and here; their articles include comments on the timescale for these changes and the law governing them.
Marriage registration changes
The Government plans to introduce a new system of registration for marriages, including church weddings, in England and Wales.
It is anticipated that the new system will replace traditional marriage registers with a new “marriage document” to be signed by the couple at the wedding and lodged with the local register office.
Although no date has been set for implementing the new system, representatives of the Church of England, together with the Church in Wales and the Faculty Office of the Archbishop of Canterbury, have been in discussion with the General Register Office on how it will be introduced.
It is expected that the General Register Office will provide training and information for clergy. Details will be announced as soon as possible.
The Revd Dr Malcolm Brown, the Church of England’s Director of Mission and Public Affairs, said: “We are in close discussions with the General Register Office, who are working hard to ensure that the change in the system of registering marriages is as smooth and seamless as possible.
“I want to reassure clergy and couples planning a marriage that we are absolutely committed to making the new system work within the context of a Church of England marriage service and the GRO has promised to provide training and comprehensive user-friendly information for clergy.
“We are currently in discussion with the GRO about the exact shape that will take and will update clergy as soon as the details have been finalised.
“Although no firm date has yet been set for the introduction of the new system we are aware of the desire to implement it as soon as possible.
“A church wedding is a very special day where unique promises are made before God and in the presence of friends, family and the wider community in a timeless setting, marking the beginning of their married lives together.”
The question of changing the status of Clergy as marriage registrars has not arisen and the situation will remain the same as it is currently.
Law and Religion UK includes more on this story in their weekly round-up.