Marriage, parishes, residence and the law
Congratulations on your wedding plans.
You may wish to be married in a particular church, but you do not live in that parish.
Legally, only certain people have a legal right to be married in a particular church. Usually that right comes through residence in the parish, but there are other ways of establishing a legal right of marriage, which are spelt out below
If a couple are living separately they can be married in either of their parishes. If a couple are living together they can only be married in the church of their parish. This is a peculiarity of wedding law as it applies to the Church of England. A priest has no choice in this matter. It is the law. The parish boundary is legally defined, it is not always appropriate for today’s housing, but it cannot be ignored.
It is always appropriate to contact the priest of your parish of residence. It may be that, after a conversation, you will prefer to be married in your own parish church. However, people sometimes want to be married in a particular church. This sheet sets out the ways in which that might be possible. This information has been checked with a member of the Diocese of Lichfield legal staff and is thought to be correct at the time of writing, but it is not a full explanation of the law.
Regular worship
Those who are baptised and who worship regularly over a period of six months can apply to be on the church electoral roll. Those on the church electoral roll of a particular church can be married there, even if they do not live in the parish. The rules do not set out what is meant by regular worship. There are some people who come to a service in church most days. On the other hand there are people who are on the electoral roll who worship far less regularly. In Smallthorne there are services most days of the week, including a Wednesday evening and a Saturday morning, so work commitments should not prevent someone from worshipping regularly, should they wish to.
Residency
It is recognised that a person might claim residency in more than one parish. For instance, a student might reside close to college in term time, and also have a residence with a parent out of term time. It may be that work commitments means that a person resides in one place to work, but travels to another residence at weekends.
If a second residency is claimed, it must be real, with actual examples of personal effects being at that address, and time spent at that address. Simply quoting a false address is not legal.
Archbishop of Canterbury’s Special Licence
This is available for those who can demonstrate a real link with a parish, although they are not currently resident. It may be that family originally came from the parish, or that a person has been a worshipper in the church in the past. There is no guarantee that a special licence will be granted. A fee is payable for a licence, if granted.
Common Licence
Under a common licence it is possible to establish a temporary residence in the parish. It is necessary to have a place of residence and make reasonable use of it, such as eat and sleep there, for a minimum of 15 days. When a common licence is granted it gives right of marriage. It does not matter whether that residence is shared with someone else, or whether that residency comes to an end after the wedding. There is a legal fee for a common licence.
And finally, a warning
If you decide to pursue one of these avenues, it is up to you to ensure that you fulfil the legal requirements. We may have arranged a wedding subject to you acquiring the legal right to be married in a particular church. If you do not fulfil the legal requirements the wedding might have to be moved or postponed.
