25 November 2010
The Marriage Act 1949 requires banns to be published using the
form of words contained in the rubric to the marriage service in
the Book of Common Prayer. But provision has been made for an
alternative form of banns since 1980. Unfortunately, the
requisite legal authority was not given to that alternative form at
the time it was introduced; and a draft Measure (the Church of
England Marriage (Amendment) Measure) now before the General Synod
will make it lawful to use the alternative form when publishing
banns.
As explained when the Measure was introduced into the Synod,
couples who have already been married following publication of the
alternative form of banns should have no cause for concern about
the validity of their marriage.
As the Rt Worshipful Timothy Briden, Vicar General of the
Province of Canterbury (a senior judge), told the General Synod on
24th November: "The form of banns, although having legal effect, is
also a matter of liturgical import and it has been discovered that
the statute is now out of step with the form of banns prescribed in
subsequent liturgical forms including the Alternative Service Book
and Common Worship, which we use today. The most significant change
in phraseology is that whereas in the rubric the phrase "cause or
just impediment why the couple should not be married" has been
replaced in Common Worship with the expression "reason in law".
"Whichever form of words you use, it still makes absolutely
clear to those present that it is some substantial objection to the
marriage which needs to be brought forward if it is to be halted.
The fact that many marriages have taken place using the
more recent form of banns, I assure Synod, does not in any way
invalidate the publication of the banns, neither does it invalidate
the marriage taking place on that basis."
Charles George QC, the Dean of Arches (the Church of England's
senior judge), added: "I don't believe there's any cause
for concern about legality of marriages conducted in the interim
period."
You can listen to what the two judges said here:
The Rt Worshipful Timothy Briden
Charles George QC