NEW ANGLICAN DIVORCED-REMARRIAGE POLICY: A CANON LAWYERS' RELIEF
ACT
Article by Richard Crouch, Attorney at Law,
Crouch & Crouch, Arlington, Virginia; (703)
528-6700;
Copyright Richard Crouch 2000. Originally Published in Family Law News,
a Va.
State Bar Publication, Spring 2000
News comes from across the Pond, at least as recorded in The
Washington Post of January 26th, that the Anglican Church policy that
caused so much trouble for, but ultimately didn't stop, Henry VIII is about
to change. This one-denomination news might not be of much interest to many
Americans, except that the marriages and divorces of the British Royalty
and all their titled friends have lately proved of enormous interest to
Americans in their millions. This is not to mention the serious discomfort
and moral struggle that the ancient policies have inflicted upon at least
some Virginians of the Protestant Episcopal persuasion who still come through
divorce lawyers' offices even today. The irony in all of this (well, O.K.,
one of the ironies anyway) is that the Church isn't going to do anything
simple, like say the divorced can now remarry. No, it is going to try, in
its usual dithering way, to make this into something grander and more complex
than what the Roman Catholics now do with their religious "annulments."
In short, a group of bishops have published a policy that would, if adopted
by the General Synod in 2002, ratify what the Post says a third of
England's vicars are already doing: remarrying the divorced. Priests can
only do this if (1) the divorced are honest about the reasons for the failure
of the first marriage, (2) there's adequate child support, (3) the new spouse
is not the cause of the divorce, (4) there has been "a reasonable time"
since the divorce, (5) there has only been one divorce (normally), and (6)
the local priest, after consulting with the bishop, feels like it. Whether
the Church is going to have canon lawyers passing on things like the adequacy
of child support, or call on ordinary divorce lawyers to advise them for
such purposes, has not yet been addressed.
Crouch
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