Canon VI
Tuesday, November 23, 2010 at 11:32AM Canon VI
C 6.00 ON MARRIAGE IN THE CHURCH
Preface
1. The Anglican Church of Canada affirms, according to our Lord’s teaching as found in Holy Scripture and expressed in the form of Solemnization of Matrimony in the Book of Common Prayer, that marriage is a lifelong union in faithful love, and that marriage vows are a commitment to this union, for better or for worse, to the exclusion of all others on either side. this unionis established by god’s grace when two duly qualified persons enter into a covenant of marriage in which they declare their intention of fulfilling its purposes and exchange vows to be faithful to one another until they are separated by death. The purposes of marriage are mutual fellowship, support, and comfort, and the procreation (if it may be) and nurture of children, and the creation of a relationship in which sexuality may serve personal fulfillment in a community of faithful love. This covenant is made in the sight of God and in the presence of witnesses and of an authorized minister.
2. The Church affirms in like manner the goodness of the union of man and woman in marriage, this being of God’s creation.1 Marriage also is exalted as a sign2 of the redeeming purpose of God to unite all things in Christ,3 the purpose made known in the reunion of divided humanity in the Church4.
1 Cf. Gen 1: 27-31
2 Eph. 5: 31f.
3 Eph. 1: 9f.
4 Eph. 2: 11-16
3. The Church throughout its history has recognized that not all marriages in human society conform, or are intended to conform, to the standard here described. For this reason, in the exercise of pastoral care as evidenced in the earliest documents of the New Testament, the Church has from the beginning made regulations for the support of family life, especially among its own members.
4. Aspects of the regulation of marriage in the apostolic Church are recorded in the New Testament. A new standard of reciprocal love between husband and wife was introduced leading towards an understanding of their equality.1 In preparation for marriage Christians were directed to seek partners from among their fellow believers.2 In Christ’s name separated spouses were encouraged to seek reconciliation.3 In his name also divorce was forbidden though not without exception.4 In certain circumstances a believer already married to an unbeliever might be declared free from such a marriage bond;5 in others, and here in the name of Christ, remarriage during the lifetime of a former spouse was described, with one exception, as an adulterous union.6
1 I Cor. 7: 3f., 11: 11f., Eph. 5: 21-33, cf. Gal. 3: 28
2 I Cor. 7: 39, II Cor. 6: 14, cf. I Thess. 4: 2-8 (RSV)
3 I Cor. 7: 10f.
4 Matt. 5:31f., Mark 10: 2-9, cf. Mal. 2:13:16
5 I Cor 7: 12-16
6 Matt. 19: 9, Mark 10: 11f., Luke 16: 18, cf. Ro. 7:3
5. From these principles and precedents the church, living in many cultures and in contact with many different systems of law, has sought in its rites and canons to uphold and maintain the Christian standard of marriage in the societies in which believers dwell. this standarda and these rites and canons pertain to the selection of marriage partners, preparation for marriage, the formation of a true marriage bond, the solemnization of marriage, the duties of family life, the reconciliation of alienated spouses,a nd to the dissolutionof marriage and its consequences.
6. All members of this Church, in fulfilling the obligations of the People of God, share according to their circumstances in the obligation to uphold Christian standards of marriage in human society especially by care for their own families and by neighbourly care for the families of others. Special obligations rest upon certain members of the Church as set forth below.
7. The particular duties of the clergy, described in part elsewhere in this Canon, include the provision of education for marriage and family life, the solemnization of marriage, the pastoral care of families, the encouragement of reconciliation of estranged spouses, and the pastoral care of those whose family ties have been broken or interrupted by death, sickness, poverty, enforced absence, human weakness, or by wilful act.
8. The duties of the laity, according to their several circumstances, are to share with the clergy the responsibility for upholding family life, in particular:
a) by their presence with friends and neighbours at weddings to bear witness to their supporrt of those who marry;
b) to safeguard the legality of marriages by readiness to allege promptly any cause or just impediment which might make a proposed marriage unlawful;
c) to promote and encourage the use of the professional skills that serve family life;
d) as spouses, to be faithful to their own marriage vows;
e) as parents, guardians, god-parents, teachers, or other fully qualified persons, to guide children and young persons in preparation for family life;
f) as neighbours, mutually to promote the welfare of families, and to seek the reconciliation of any whose family life is impaired or broken;
g) as communicants, to uphold the Church’s discipline, and to seek the restoration to communion of any who have become alienated or are excommunicate; and
h) as citizens, to work for the maintenance of just laws for the welfare of family life.
Canon VI: Regulations Appendix I
Part I
PREREQUISITES FOR MARRIAGE
1. Notice
It shall be the duty of those who intend to marry to give notice to the minister at least 60 days before the day proposed for the wedding, except that the minister may waive this requirement for sufficient cause in which case the minister shall notify the Bishop of the diocese in writing, stating the reason for the decision.
2. Preparation
It shall be the duty of the incumbent, when application is made for matrimony to be solemnized, to inquire whether there is any impediment either to the marriage or to the solemnization thereof. It shall also be the duty of the incumbent or designate, to review with the parties to the marriage, the issues outlined in Schedule A annexed hereto and to recommend strongly to the parties that they avail themselves of a marriage preparation course or program so that all who seek marriage in the Church may come to it with a Christian understanding of its purpose and a practical understanding of the realities of marriage, and may be encouraged to give effect with God’s help to the vows which they are preparing to make. The parties to the intended marriage, after due consideration, shall be encouraged to sign the Declaration of Intent to Marry as established and approved by the Bishop of the diocese.
3. Impediments of Kindred and Affinity
In making the inquiries directed in clause 2 above, the minister shall, with respect to the impediments of kindred and affinity, be governed by the following table in which marriages between certain persons are forbidden:
A Man may not marry his: A Woman may not marry her:
1. Mother 1. Father
2. Step-mother 2. Step-father
3. Mother-in-law 3. Father-in-law
4. Daughter 4. Son
5. Step-daughter 5. Step-son
6. Daughter-in-law 6. Son-in-law
7. Sister 7. Brother
8. Grandmother 8. Grandfather
9. Grandfather’s wife 9. Grandmother’s husband
10. Wife’s grandmother l0. Husband’s grandfather
11. Grand-daughter 11. Grandson
12. Wife’s grand-daughter 12. Husband’s grandson
13. Grandson’s wife 13. Grand-daughter’s husband
14. Aunt 14. Uncle
15. Niece 15. Nephew
4. Age
No minister shall solemnize the marriage of persons either of whom is under sixteen years of age except in exceptional cases as approved by the Bishop of the Diocese.
5. Requirements of Civil Law
The minister shall ensure that all the requirements of the civil law of the province have been met, in particular that all prerequisite notices, medical certificates, and consents of parents, guardians, or others, have been respectively given, completed, and obtained.
6. Licenses and Banns
The minister shall not solemnize a marriage unless the parties have obtained a license from the proper authority.
7. Publication of Banns
Although banns are not required and do not conform with the civil law, some persons may still wish that they be read. In such case, banns are to be published in the following manner:
a) They shall be called in the church three several Sundays during divine worship after the accustomed manner.
b) Where either or both of the parties are accustomed to worship in a church or churches other than their own parish church, the banns may be called in the church or churches in which they worship, provided the custom of the diocese allows such procedure.
c) The minister shall say: I publish the Banns of marriage between N. of… and N. of…. . If any of you know cause or just impediment why these two persons should not be joined together in Holy Matrimony, you are to declare it. This is the first (or second or third) time of asking.
d) After the final calling their publication shall be recorded as required, and if the marriage is to be solemnized elsewhere the appropriate certificate shall be forwarded to the officiating minister.
8. Certain Marriage Forbidden
Except as provided in Part III or Part IV of this Canon, no minister shall solemnize the marriage of two persons one of whom has been a party to a ceremony of marriage with a third person now living.
9. Baptism
The Form of Solemnization of Matrimony in the Book of Common Prayer is provided for the marriage of Christians. No minister shall solemnize matrimony between two persons neither of whom has been baptized. If two persons, one of whom has not been baptized, desire to be so married, the minister shall refer the matter to the Bishop of the diocese whose order and direction shall be followed.
10. License and Permission of Minister to Solemnize Marriage
a) Every minister who solemnizes a marriage must hold a valid license or permit to officiate at marriage in that place.
b) The minister must also have the license or authority of the Bishop of the diocese in which the marriage is to be solemnized.
c) The officiating minister must have obtained the consent of the incumbent of the parish in which the marriage is to be solemnized if the officiating minister is not licensed to that parish.
d) The discretion of a minister to decline to solemnize any particular marriage shall not be abrogated by this Canon.
Part II
THE SOLEMNIZATION OF MATRIMONY
11. Place of Marriage
Marriage shall be solemnized in the body of the church except for sufficient cause, in the face of the congregation and of the friends and neighbours of those who come to be married. Every marriage shall be solemnized in the presence of at least two witnesses in addition to the officiating minister.
12. Incumbent in Charge of Service
The incumbent shall be responsible for the conduct of the marriage service. Hymns or anthems sung at the service shall be those only which may be found in Holy Scripture, in the books of Common Prayer or Common Praise, or in texts approved by ecclesiastical authority.
13. Marriage to a Non-Christian
The form of Solemnization of Matrimony is intended to be used in marriages between Christians. For purposes of this Canon, a person is a Christian who has been baptized and who is prepared to reaffirm Baptismal vows.
Where one of the parties to a marriage does not consider himself/herself to be a Christian, the minister may, nevertheless, use the Form of Solemnization as deemed to be appropriate. The form may be used with such modifications as may be permitted by the Bishop. In the vow, the non Christian may omit the words ‘holy’ and ‘according to God’s ordinance’, but no other change may be made to the vow or to the declaration of intention.
14. Parish and Civil Registers
It is the duty of the officiating minister to record the information required by the civil authority as well as the information necessary for pastoral care in the manner following:
a) At the time of marriage the minister shall enter the several particulars relating thereto in a register to be retained in the parish for this purpose. In this parish register the Minister shall record the particulars of baptism, confirmation, and church membership of the respective parties, and the address of their intended residence.
b) The minister shall also record in such other register or form as may be required by the civil law the particulars prescribed by that law, and shall duly report the same to the appropriate authority.
Part III
DETERMINATION OF MARITAL STATUS UNDER THIS CANON
15. Definitions
a) “Marriage”as defined by this Canon means that union described in the Preface of this Canon and further described in Section 16 of this part.
b) “Commission” as used in this Canon means the Ecclesiastical Matrimonial Commission established under Part VI of this Canon, and the effect of a decision of a Commission shall be as stated in section 30 of Part VI.
16. Conditions of Valid Marriage under this Canon
The question of whether a purported marriage constituted a marriage as defined by this Canon shall be determined by the Commission in accordance with the following principles:
a) The parties to a marriage are not qualified for the purpose of this Canon to marry each other if:
i) subject to section 4 of Part I of this Canon, either of them is under the age of 16 years,
ii) they are related to each other by blood or marriage within the prohibited degrees listed in the Table of Kindred and Affinity set out in section 3 of Part I of this Canon, or
iii) either of them has gone through a ceremony of marriage with a person who is living at the time of the application, unless;
a) the previous ceremony of marriage has been found, as provided in this part, by the Commission not to have been a marriage as defined by this Canon and therefore not to be an impediment to marriage under the Canon Law of this Church; or
b) the previous marriage has been found by the Commission to have been dissolved or terminated according to the civil law applicable thereto and permission to marry has been given by the Commission, as provided by Part IV of this Canon.
b) The contract of marriage requires the free and voluntary consent of the parties to marry each other upon the terms set out in the preface of this Canon, based upon adequate understanding by each of them of the nature of the union and of the mutual relations of husband and wife and of parents and children.
c) Consent to marry is not present where:
i) one of the parties is at the time of the contract of marriage incapable by reason of mental defect, mental illness, alcoholic intoxication, or the influence of a drug, of having the necessary understanding or giving the necessary consent;
ii) one of the parties has been induced to consent by duress, by coercion, or by fear;
iii) one of the parties gives consent after having been abducted and before being set free;
iv) one of the parties is at the time of the contract of marriage mistaken with respect to the nature of the contract or of the union, or with respect to the identity of the other party
v) one of the parties at the time of the covenant of marriage was deceived by misrepresentation, concealment or other deception with respect to facts which have threatened life or adversely affected or endangered health or have been seriously detrimental to the establishment of the covenant, including among other things, misrepresentation, concealment or other deception relating to:
a) veneral disease, AIDS
b) addiction to drugs or alcohol
c) pregnancy, except as a result of intercourse with the marriage partner
d) homosexual practice
e) violence, sadistic conduct, or other abnormal practices;
vi) the marriage has been agreed to upon a condition which is illegal, impossible or contrary to the nature of the union, as defined in this Canon;
vii) the marriage is intended to be a sham or mere form;
viii) either party is incapable of consummating or unreasonably refuses to consummate the marriage by sexual intercourse, unless for reasons of health or age or other serious cause; or
ix) one of the parties is not a Christian and there is a condition taken that the Christian party shall be entitled to adhere to and practice Christianity or to bring up any children of the union as Christians, and the non-Christian party assents to the condition without intending that it shall be satisfied.
d) In the cases mentioned in sub-sections (ii), (iii), (iv), (v) and (ix) hereof, the party coerced, mistaken or deceived or otherwise imposed upon may by an act of will approbate the marriage and continue to cohabit with the other party when free to cease cohabitation after being freed from coercion, fear or abduction or after learning of the mistake, deception, concealment or other circumstance constituting the defect. What constitutes approbation is a question of fact in each case. The effect of approbation for the purpose of this canon is to validate the marriage.
e) Nothing contained in this Canon shall authorize the solemnization of a marriage known to the minister or either of the parties to be invalid by civil law.
17. Conditions Governing Application Regarding Canonical Status
a) An application for declaration of marital status under this Canon may be made where the applicant has gone through a ceremony of marriage with a person living at the time of the application and it is alleged that the ceremony did not constitute a marriage as defined by this Canon and where the marriage or purported marriage:
i) has been annulled or declared null and void or dissolved or otherwise terminated by a legislature or court, or
ii) is alleged to have been dissolved or otherwise terminated according to the civil law properly applicable thereto, by an extra-judicial or non judicial and non-legislative act or event.
b) An application under this section may be made by a person who has gone through a ceremony mentioned in sub-section (a) of this section and who is:
i) a member of this Church, or
ii) a person who desires to marry according to the rites of this Church.
c)
i) An application under this section not made in the course of or with a view to proceedings preliminary to a marriage shall be made to the incumbent of the parish or mission where the applicant resides or is accustomed to worship.
ii) An application under this section made in the course of or with a view to proceedings preliminary to a marriage shall be made to the incumbent of the parish or mission where it is desired that the intended marriage be celebrated.
iii) The incumbent receiving the application shall investigate it to the best of his or her ability and forward the application, together with his or her report thereon, through the appropriate channels to the Commission.
18. Form of Application
a) An application for declaration of marital status under section 17 shall be made in writing and signed by the applicant and shall contain the information required by the Commission as approved by the Bishop.
b) The application shall be accompanied by:
i) a certificate of performance or registration of the ceremony issued by a competent authority;
ii) the original or a copy of the legislative act or the judgment or decree and of any other document necessary for proof of any fact, and proof of its authenticity;
iii) statements in writing verifying all other relevant facts not within the knowledge of the applicant signed by persons having knowledge of the facts; or
iv) where there has been no legislative act and no judgment or decree as above mentioned, a reasoned opinion in writing, signed by a person professionally qualified to give an opinion in respect of the law in question, verifying that the purported marriage has been dissolved or otherwise terminated.
19. Decision of Commission
a) On an application for declaration of marital status under section 17 of this part, the Commission, when all relevant facts have been proved to its satisfaction, shall determine whether the ceremony gone through by the applicant resulted in a marriage under this Canon.
b) If the Commission determines that the ceremony did not result in a marriage under this Canon and if the Commission is satisfied that the marriage or purported marriage has been annulled or declared null and void or dissolved or otherwise terminated by a legislature or competent court, or has been dissolved or otherwise terminated by another act or event according to the law properly applicable thereto, and that no civil impediment to the marriage of the applicant exists, the Commission shall make a declaration that the ceremony in question did not result in a marriage under this Canon and therefore does not constitute an impediment to marriage under the Canon Law of this Church. In all other cases, the Commission shall declare that impediment exists.
c) Where there has been a failure to obtain any consent of a parent, guardian or other person, other than a party to the marriage, whose consent is required by the applicable civil law and where the marriage has been annulled on this ground by a competent court, the Commission may make a declaration that the ceremony in question did not result in a marriage under this Canon and therefore does not constitute an impediment to marriage under the Canon Law of this Church.
20. Presumption of Death
a) An application for declaration of marital status under this Canon may be made to the Commission by a person who desires to be married according to the rites of this Church and who has been a party to a marriage with a person:
i) in respect of whom a judicial declaration of presumption of death has been made by a competent court,
ii) who is missing and presumed dead but whose death has not been officially confirmed and in respect of whom no judicial declaration of presumption of death mentioned in sub-section (i) has been made.
b) For the purpose of the application a court exercising civil jurisdiction in any part of Canada acting under legislation of Canada or of a province is deemed to be a competent court, whether the declaration is made under legislation related to marriage or under other legislation. The jurisdiction of any other court whose declaration is relied on must be proved to the satisfaction of the Commission.
c) The application shall be made in accordance with the provisions of section 17, sub-sections (c) (ii) and (iii) and such other information as required by the Commission as approved by the Bishop.
d) The application shall be accompanied by a certified copy of the judicial declaration, if any, relied on by the applicant, a statement or statements in writing signed by the person or persons having knowledge of the facts on which the allegation of death is based, and a statement in writing signed by the applicant setting out his or her belief in the death of the other party to the marriage and the reasons for that belief.
e) If the Commission is satisfied that the missing party to the marriage or ceremony of marriage is dead, as far as can be ascertained at the time of the application, the Commission may make a finding to that effect and make a declaration that the marriage or ceremony of marriage between the applicant and the mission party does not at the time of the declaration constitute an impediment to the marriage of the applicant under the Canon Law of this Church. Otherwise, the Commission shall dismiss the application without prejudice to a later application.
f) A person who has obtained a declaration under this clause shall on production of the license declare to the intended celebrant that he or she has no reason to believe and does not believe that the other party to the former marriage or ceremony of marriage is alive.
-Part IV
THE REMARRIAGE OF A DIVORCED PERSON
WHOSE FORMER PARTNER IS LIVING
21. Application for Permission to Remarry According to the Rites of the Church
a) An application for permission to marry each other according to the rites of this Church may be made by two persons, one or both of whom has or have gone through a ceremony or ceremonies of marriage with a person or persons now living not a party or parties to the application, if the prior marriage or marriages is or are not questioned under this Canon in the application but has or have been dissolved or terminated by a legislature or legislatures or a court or courts or by another act or acts or event or events according to the law or laws applicable thereto. Where a marriage or purported marriage has been annulled for a defect not mentioned in section 16 of Part III of this Canon, and no defect mentioned in that section is alleged in respect thereof, it shall be deemed for the purposes of this Canon to have been dissolved.
b) The application shall be made to the incumbent of the parish or mission where it is desired that the intended marriage be celebrated. The incumbent shall investigate the application as thoroughly as possible and forward it together with the report thereon, through the appropriate channels, to the Ecclesiastical Matrimonial Commission established under Part IV of this Canon, having jurisdiction in the diocese.
c) An exception to this process may be made:
i) where both parties to the intended marriage normally reside at a significant distance from the proposed place of marriage, or
ii) where the parties live at a significant distance from each other, or
iii) where other circumstances require special arrangements, in which case the interviews and investigation shall be arranged for by the incumbent through responsible persons who are readily accessible to one or both of the partners to the intended marriage.
d) The application shall be made in writing and signed by both applicants and shall contain the information required by the Commission as approved by the Bishop of the diocese.
e) The incumbent or the persons responsible for interviews and investigation shall attend to the question of pastoral care of former partners who are not applicants (as required of the Ecclesiastical Matrimonial Commission as directed by the Bishop of the diocese), and ensure, where needed and possible, that pastoral care is provided from an appropriate source.
22. Permission to Remarry According to the Rites of the Church
Permission to remarry according to the rites of this Church, notwithstanding the marriage or marriages of either or both applicants to another person or persons now living, should be based on a reasonable belief that the applicants understand the nature of Christian marriage as stated in this Canon and intend to enter into such a marriage, and reasonable hope that they will continue in that relationship during their joint lives. Permission may be granted by the commission to the applicants if the Commission is satisfied that:
a) any prior marriage in question has been validly dissolved or terminated in accordance with the law properly applicable thereto;
b) the applicant concerned tried in good faith before dissolution to effect reconciliation with the other party;
c) adequate provision has been made for a former spouse of a divorced applicant, according to the means and needs of the applicant and the means and needs of the former spouse;
d) proper provision has been made for the care, maintenance, education and advancement of minor, disabled or otherwise dependent children of any prior marriage;
e) if the children of a prior marriage are to live with the applicants, there is a reasonable prospect that the family relationship will be satisfactory;
f) the applicants understand the Christian Doctrine of marriage as defined in this Canon, and intend to enter into such a marriage, and believe on reasonable grounds that they have the capacity to enter into and sustain the marriage during their joint lives.
23. Refusal of Permission
a) If permission is not granted, the Commission shall, subject to subsection 23(c) of this Part, dismiss the application, giving reasons in writing which shall be communicated to the applicants through the incumbent.
b) On being notified of dismissal of the application, the applicants may, within 30 days after receipt of notice, apply in writing to the Commission for reconsideration of the application. On such reconsideration the applicants may appear personally before the Commission and submit further information and reasons why the application should be granted or may submit such information and reasons in writing. On such reconsideration the Commission may grant the application or confirm its previous decision. If the Commission confirms its previous decision it shall give reasons in writing which shall be communicated to the applicants through the incumbent.
c) If an application is dismissed and the decision confirmed by the Commission and the Bishop, or if the applicants do not exercise their rights under subsection (b), the application may not be renewed before any Commission unless further information is provided.
24. Special Cases
a) If the Commission is satisfied that efforts towards reconciliation between the two parties to a former marriage would have been ineffective as a result of the fault of either party or for any reason, the requirement of sub-section 22 (b) may be dispensed with.
b) If either applicant has entered into two or more marriages that have been dissolved, the Commission shall not grant permission unless special circumstances justifying permission are proved.
c) Notwithstanding the form of the application, if the Commission is of the opinion that a prior purported marriage of an applicant did not constitute a marriage as defined by this Canon, and the conditions of Part III, section 19 are satisfied, the Commission may make a declaration under that clause in respect of the marriage in question.
d) If the incumbent of a parish declines for reasons of conscience to solemnize a marriage pursuant to permission given under this Part, the said incumbent shall refer the applicants to another priest designated by the Bishop for investigation and report and permit that priest to solemnize the marriage in his or her church.
Part V
ADMISSION TO HOLY COMMUNION IN SPECIAL CASES
25. In every case where a person who has been remarried, except as provided above in this Canon, whose former and present partners are both living, desires a ruling with respect to admission to Holy Communion, the case shall be referred by the incumbent to the Bishop of the diocese for judgement. In arriving at this judgement, the Bishop shall have due regard for the spiritual welfare of the petitioner as well as the provisions of this Canon. The Bishop shall give the judgement in writing to both the incumbent and the petitioner.
Part VI
ECCLESIASTICAL MATRIMONIAL COMMISSION
26. Diocesan Commission
a) There shall be in the diocese an Ecclesiastical Matrimonial Commission, hereinafter called the Commission, to deal with applications under this Canon.
b) The president of the Commission shall be the diocesan Bishop or a bishop or priest appointed by the diocesan Bishop. In such instant where no other president has been appointed, in the absence of the diocesan Bishop from the diocese or during a vacancy of the See the administrator of the diocese shall be the president.
c) The diocesan Bishop shall appoint two or more communicant members of this Church to be members of the Commission, and may appoint other persons to be consultants without vote.
d) At least one member of the Commission or a consultant should be engaged in or be qualified to engage in the practice or teaching of civil law in the province, and at least one member or a consultant should have special skill and knowledge in Canon Law and at least one in pastoral care.
e) The Commission may delegate to one or more members or consultants the investigation of any application or class of applications and of any matter or matters related thereto and of ascertaining any relevant facts and reporting thereon to the Commission, and may accept and act on any report or may take or require further investigation.
f) A quorum of the Commission shall be the majority of its members. The decision of the Commission shall be that of a majority of its members present and taking part in the determination of its decision.
g) Before becoming effective, the decision of the Commission shall require confirmation by the diocesan Bishop or a bishop appointed for that purpose, or, if the See is vacant or the diocesan Bishop and other bishops of the diocese be absent from the diocese, by the diocesan Bishop's commissary or other administrator of the diocese.
h) The diocesan Bishop shall appoint an officer of the Commission who shall be known as the registrar and shall act as clerk and secretary of the Commission, to receive applications, conduct correspondence, give notices, attend hearings and deliberations in person or by deputy and keep minutes of proceedings, and engross and promulgate decisions and communicate each decision to the appropriate incumbent and the applicant or applicants, and shall keep the records of the Commission in the diocesan offices.
27. Jurisdiction of Commission
Applications made under this Canon shall be either:
a) applications for declaration of marital status, under Part III of this Canon; or
b) applications for permission to marry according to the rites of this Church, under Part IV of this Canon.
28. Procedure
The procedure followed by the Commission shall be governed by the provisions as outlined by the Commission and approved by the Bishop.
29. Avoidance of Delay
Each application shall be dealt with as expeditiously as possible.
30. Limitation of Jurisdiction
Every finding and determination of the Commission shall be and shall be expressly stated to be made solely for the purposes of this Canon and not for the purpose of performing any function of a civil court or other civil authority, and shall otherwise be confined to the findings and declaration, or granting or refusal of permission, necessary for disposing of the application in respect of which it is made.
Part VII
FORMS
Forms for use in the administration of this Canon may be authorized from time to time by the Bishop of the diocese.
CANON VI - SCHEDULE A
MARRIAGE PREPARATION
See Part I, Section 2
It is suggested that the incumbent or designate in discussing marriage preparation with the parties to a marriage, in addition to recommending strongly to the parties that they avail themselves of a marriage preparation course or program, review with the parties the following specific issues:
1. The Christian doctrine of marriage, including the solemnity of the marriage covenant which the parties are making in the sight of God
2. The attitudes and expectations of the parties as to how they will deal with financial planning including budgeting, sharing of incomes and expenses
3. The attitudes and expectations of the parties as to how they will deal with any potential religious differences
4. The attitudes and expectations of the parties as to how their families including parents and siblings will react to the marriage and how supportive they will be
5. The attitudes and expectations of the parties towards lifestyle including interests and friends in which there may be common interests and differences
6. The attitudes and expectations of the parties towards work sharing in the home relationship and management of the household
7. The attitudes and expectations of the parties as to their understanding of the importance of communication between partners in a marriage
8. The attitudes and expectations of the parties in regard to sexual relations
9. If the marriage being entered into is not a first marriage for both parties, it is recommended that there be specific discussions with the parties regarding the effect of payment by one of the parties of spousal or child support regarding a previous marriage, and potential problems concerning access to or custody of children from a previous marriage, and further potential problems with integration of children of the parties from previous marriages into a family unit.
10. Their views regarding number of children, rearing and education of same and potential career conflicts.
