In the first of a series looking at how religious law works alongside civil law, following the Archbishop of Canterbury's remarks about Islamic sharia we look at Catholics' experience of marriage, divorce and annulment in the United Kingdom today
When the Archbishop of Canterbury suggested that aspects of sharia law could be adopted in Britain as a way of contributing to social cohesion, his remarks were viewed by many as dangerously controversial. In particular, Dr Williams referred to laws relating to marriage and divorce, which he said could be settled separately from the civil law of the country, if both parties agreed.
"I think it is a misunderstanding to suppose that people don't have other affiliations, other loyalties which shape and dictate how they behave in society and that the law needs to take some account of that," he said.
Dr Williams briefly referred to Catholicism during the address, particularly the use of the Church's own canon law in relation to marriage. At the moment canon law is not recognised by the British state; when a couple marry in a Catholic church they must also perform a civil ceremony. But in some Catholic countries, such as Spain, the connection between the two legal systems is not so neatly defined, and church marriages are regarded as legal under civil law.
Fr Paul Bruxby, a canon lawyer in the Diocese of Brentwood, says that an annulment from the Church is regarded as the equivalent of a divorce in Spain, adding: "It's almost a parallel system, but it simply wouldn't work here. We're not a Catholic country like Spain, which has specific agreements with the Holy See. I don't think the bishops in this country would even want that."
While there is no precedent in modern Britain for a conflict between church tribunals and civil law, European law has been used to settle a dispute over a marriage which arose through the use of canon law. The case concerned an Italian couple who married in 1962. After 25 years of marriage, the wife obtained a legal separation through the civil courts and a settlement was made in her favour, with her husband instructed to make monthly maintenance payments. The former husband then obtained an annulment from an ecclesiastical court and stopped paying maintenance, claiming that the annulment established that the marriage had never been valid. The case was taken to the European Court of Human Rights, which in 2001 ruled in favour of the woman and she was awarded compensation.
However, Fr Kristian Paver, a canon lawyer in the Diocese of Portsmouth, says that such a case could never happen in Britain as "we have complete separation of Church and State and so the state doesn't recognise our decisions".
Divorce does play a role in the Church's deliberations when it comes to consider whether a marriage can be annulled. Any divorced Catholic who wishes to remarry in the Church will be refused by their parish priest unless they have obtained an annulment. Annulments are only granted in certain cases if it can be proved that a marriage was not valid in the eyes of the Church. But the first qualification necessary for Catholics applying for an annulment is civil divorce papers to prove that the marriage has first been legally dissolved.
Other essential qualifications are patience and perseverance. The annulment process is long, generally taking 18 months even when the case is straightforward. It also involves a far more detailed analysis of the marriage than any civil divorce procedure. "We are looking at the way the marriage began rather than the way it ended," says Fr Paver of the process, which can seem cumbersome. However, Fr Palver and other canon lawyers argue that the system, although emotionally painful, is fair.
Fr Bruxby, who sits as a judge on marriage tribunals, admits that the procedure can be difficult for people unwilling to rake through the memories of a marriage that has ended but adds: "I think it works effectively."
Terry Prendergast, chief executive of Marriage Care, an independent Catholic organisation that advises people on all aspects of marriage, agrees that the system is set out as efficiently and compassionately as possible. "The good thing is that the annulment process is very individual and they do look at each case on its individual merits," he says. "The whole thing surrounds the question of whether the couple consented freely to marry and made a responsible choice."
Various criteria exist under which marriages may be judged invalid by canon law. For example, if there was an unexpected pregnancy, which meant that the couple was put under pressure to marry, it could be argued that they did not make the decision freely. If one partner was very young or did not understand the marriage contract, then these can also be grounds for annulment.
The ending of a marriage was once perceived as abhorrent to Catholics but Mr Prendergast has seen a growing understanding of relationship breakdown in the Church. People are not expected to endure desperately difficult situations. The reasons for civil divorce law are more readily understood, although that law is still not sufficient to allow a Catholic to remarry in church.
"Among our hierarchy there has been a marked increase in the sensitivity shown towards people who need to end a marriage," says Mr Prendergast, who, in common with others working in this area, says that priests becoming aware of violent or emotionally abusive marriages no longer advise people to sustain the marriage at all costs.
"That's the change I see," he says. "Parish priests have a difficult job upholding church law and then dealing with the pastoral side in their daily work. If you're the guy on the ground dealing with the problems, you use your compassion and you cobble together solutions."
Around one third of the calls Marriage Care receives about marriage in church involve people who wish to remarry. However, Mr Prendergast is also aware of increasing numbers of Catholics who are not prepared to go to the trouble of obtaining an annulment, deciding to conduct their second marriage outside the Church. "That's probably partly to do with the diminishing role of institutional religion in this country," he says, adding that the Church of England takes a more relaxed view of divorce and that some Catholics use this route for their second marriage.
Others may ask a Catholic priest to bless their union and Mr Prendergast says that clergy increasingly do so without asking questions. "Priests are sympathetic about this and can see that people are trying to make their marriage in some way religious," he explains.
One problem repeatedly mentioned with the current system is widespread ignorance among Catholics about annulments. Another is that people are distressed by the connotations of the word "annulment". An annulment implies that the marriage never existed and may be perceived as suggesting that children born of the union were illegitimate.
"People have preconceived notions about what it is," says one woman who has offered pastoral support to people seeking annulments. "People can become very defensive and offended by the idea of an annulment and feel angry that the Church requires this of them."
However, she insists that once people have completed the process they are glad for the insight it has given them into their marriage and that many feel they have finally achieved closure.
"Canon law is not as black and white as civil law," she says. "The whole purpose is to bring people closer to God, not to impose rules and regulations for them to follow."