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IDA, 1869
Start Practicing
IDAChapter XIIISection 58
Section58

English clergyman not compelled to solemnize marriages of persons divorced for adultery

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Summary

An English clergyman in Holy Orders cannot be forced to solemnize a marriage if one party's earlier marriage was dissolved for adultery. He also cannot be sued, punished or formally censured for either performing or refusing to perform that marriage.

Example

Priya's earlier marriage was dissolved because she committed adultery. She asks a Church of England clergyman to solemnize her new marriage. He may refuse without being compelled, and he cannot be sued or punished whether he performs or refuses to perform the marriage.

Bare Act

Enacted text

No clergyman in Holy Orders of the 2’* ** No Church of England 3* ** shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

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XIII

Chapter XIII

Re-Marriage

In this chapter

  • 57Liberty to parties to marry again
  • 58English clergyman not compelled to solemnize marriages of persons divorced for adultery
  • 59English Minister refusing to perform ceremony to permit use of his Church
Previous · Section 57Liberty to parties to marry againNext · Section 59English Minister refusing to perform ceremony to permit use of his Church