Canonical Form of Marriage

Consent, exchange of irrevocable consent

Marriage is a covenant that comes about by an __ of a man and a woman for the purpose of establishing a partnership of the whole life that is ordered toward the good of the spouses and the generation and education of offspring

Consent

Its essential properties are unity and indissolubility

Impediments

While all persons have the natural right to marry, the Church declares that certain factors disqualify a person from entering into a marriage recognized as valid in the Catholic Church

Canonical form

The exchange of consent by persons who are qualified to do so must be made according  to a certain protocol, known as __

Matrimonial consent

an irrevocable covenant to establish marriage

Marriage consent (CCEO c. 817/CIC c. 1057)

No human power can substitute for this consent is an act of the will by which a man and a woman mutually give and accept each other

Matrimonial consent

Can be invalid because one or both of the parties lack sufficient use of reason or the capacity to make a judgment regarding the essential matrimonial rights and obligations that are given and received

Matrimonial consent

Further, a person may be able to make a knowledgeable decision about marriage, but cannot assume the essential obligations due to causes of a psychic nature, such a person cannot validly give consent to marriage

Factors of ignorance and error

Factors in giving consent

Ignorance

Is a lack of  knowledge

Error

Is a mistaken judgment

Ignorant

Matrimonial consent cannot be given if a party is __ of the fact that marriage is a permanent partnership between a man and a woman for  the procreation of children by means of sexual cooperation

Error

Regarding the identity of the person one is marrying renders a marriage invalid for the simple fact that one must know the identity of the person one is marrying

Impediments

the Church is affirming the natural right of persons to marry, but within certain parameters of the law

Diriment impediments

The Catholic Church is also implicitly asserting its right enact legislation that disqualify persons from marrying validly, known as __

Diriment impediments

Renders a person unqualified to celebrate marriage invalidly

Impediment

Since marriage arises out of an exchange of consent of qualified persons, both parties must be free from any __ in order for the marriage to be valid

Age

A man and woman cannot marry validly before he has completed his sixteenth year and she has completed her fourteenth year

Impotence

Perpetual __ for intercourse, whether on the part of the man or woman, absolute (with anyone) or relative (with a certain person or type of person), renders marriage invalid

Prior bond

Anyone who is held by a __ of marriage, even if it is not a consummated  marriage, invalidly attempts marriage

Prior bond

Even if the former marriage is invalid or dissolved for any reason whatever, one is not allowed to contract another marriage until the nullity or dissolution of the former has been legally and certain established

Prior bond

This principle is applicable also for marriages contracted outside the Catholic Church.

Disparity of worship

A Catholic (one baptized in or received into the Catholic Church) cannot validly marry a non-baptized person

Sacred orders

Anyone who has received __ (deacon, presbyter or bishop) cannot validly marry

Sacred orders

To be clear, a married man can be ordained as a deacon or presbyter; a deacon, presbyter or bishop cannot marry validly even if the spouse has died

Perpetual vow of chastity in a religious institute

Those who are bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage

Hermits (CCEO c. 481)

There is a difference in the application of this impediment in the case of __. In the Eastern Catholic Churches, a __ must be a member of a religious institute

CIC c. 603 §2

This is not the case in the Latin Church, wherein a hermit is not required to belong to a religious institute, but be under the authority of the diocesan bishop

Diocesan bishop

Therefore, this impediment does not applyto those hermits in the Latin Church who are under the authority of the __

Abduction

A person who has been abducted cannot validly marry until she/he has been  separated from the abductor and then freely chooses the marriage

Abduction

The impediment of __ differs in determining the applicability to a victim

Abduction

While the Latin code restricts the possible __ only to women, the Eastern Code applies this impediment to both men and women.

Abduction

This impediment should be read in the context of the canon stating that a marriage is invalid if it is celebrated by reason of force or fear

Conjugicide

A person invalidly attempts marriage who, in view of marrying a certain  person, has caused the death of the person’s spouse or one’s own spouse

Consanguinity

In the direct line of __, marriage is invalid between all ancestors and descendants both legitimate and natural.

Consanguinity

In the collateral line it is invalid up to the fourth degree inclusive

Consanguinity

__ is calculated by counting the number of persons, excluding the common ancestor.

Affinity

Arises from a valid marriage, even if it is not consummated.

Affinity

It exists between the husband and the blood relatives of the wife, and between the wife and the blood relatives of the husband

Latin code

The __ invalidates marriages only in the direct line of affinity in any degree, a man with the daughter of his wife

Eastern code

The __ extends the invalidity to the second degree of the collateral line, a man with his sister-in-law

Public propriety

The impediment of __ arises from an invalid marriage after  common life has been established or from notorious or public concubinage.

Public propriety

This is distinct from the impediment of affinity, which arises out of a valid marriage.

Public propriety

The impediment prohibits a valid marriage between and man and his partner’s mother or daughter, and likewise prohibits valid marriage between a woman and her partner’s father or son

Spiritual relationship

The impediment of spiritual relationship is unique to the Eastern Code.

Spiritual relationship

This impediment exists between the godparents and the person baptized, and between the godparents and the parents of the person baptized

Spiritual relationship

If a baptism is celebrated conditionally, this impediment does not arise unless the same sponsor is used for the second ceremony as well

Legal relationship

Persons who are related by the legal relationship of adoption are unable  to contract marriage validly between themselves in the direct line or in the second degree of  the collateral line

Concession of a dispensation

In certain cases and for proportionate reasons, persons can be freed from certain impediments through the __

Dispensation

A __ is an administrative act involving the relaxation of the obligation contained in a law, but which does not affect the juridical stability of the law itself. 

Dispensation

Church authorities can grant for an appropriate reason a __ from impediments established in virtue of ecclesiastical law.

Ecclesiastical law

Church authorities can grant for an appropriate reason a dispensation from impediments established in virtue of __

Divine law

The Church has no power to dispense from an impediment that exists in virtue of __

Presence of an official minister of the church

In the Latin Church, canonical form requires the __ who assists at the marriage: is present, asks for an expression of consent from the consenting parties and receives it in the name of the Church.   

Local ordinary

Such officials are to be the __ or the pastor or  a priest or deacon delegated by either of them

Latin code

The __ also provides that when there is a shortage of priests and deacons, the diocesan bishop can delegate lay persons to witness  marriages contingent on the favorable opinion of the respective conference of bishops and the permission of the Holy See.

Local hierarch

In the Eastern Catholic Churches, the competent minister for the celebration of marriage  is the __, the pastor or another priest who has been given the faculty to bless the marriage

Ritus sacer

The form also includes the element of a __, which is described as the  “intervention of a priest who assists and blesses.”

Priestly blessing

Since the obligation to observe this form binds all Eastern Catholics, even those Eastern Catholics who marry according to the Latin rite are  obliged to receive the __

Eastern catholic, latin church

Therefore, it is not possible for an __ to be married in the __ by a deacon or lay person. 

Eastern catholic churches

Requires the blessing of the priest

Latin church

Require the presence of an official minister who is not necessarily a priest

Parish church

The Eastern Code states that the marriage is to take place in a __ or in another sacred space, with the permission of the local hierarch or local pastor

Local hierarch or local pastor

The Eastern Code states that the marriage is to take place in a parish church or in another sacred space, with the permission of the __

CCEO c. 838 §1

The permission of the local hierarch is required if the marriage is to be celebrated elsewhere __

CCEO c. 831 §2

The Eastern Code provides that such a marriage is to be celebrated before the pastor of the groom with the mitigating clause “unless particular law or a just cause excuses”

CIC c. 1115

The Latin Code allows for the marriage to be celebrated in the parish church where either of the parties has a domicile

Sui iuris

The Eastern Code relegates the time for the celebration of marriage to the particular law  of the Churches __

Pastor of catholic party, pastor of parish, marriage file and record

Who is responsible for preparing couple for marriage?

Bishop, vicar general, episcopal vicars, pastors, parochial vicars

Who is authorized to assist at marriages?

Two witnesses

Along with an official minister of the Church, both codes require the presence of __

Parish church

Marriage are to celebrated in the __ of one of the catholic priests

Reason, know, underrstand

In the Catholic Church, the qualifications to be a witness are minimal: one must have the use of __ and sufficient discretion to __, __ and be capable of testifying about what they are witnessing

Secondary church

Pastor can grant permission for marriage to take place in a __ or in another parish

Local ordinary, canonical form

Can grant permission for marriage to take place outside a catholic church but this is not granted for marriages celebrated according to ___

Sunday, good friday, and holy saturday

Marriages can be celebrated any day but __

Bishop

Can grant permission for sunday wedding

Divorce

Is the intervention of a civil authority by which the marriage bond is dissolved and the parties are free to enter into another marriage

Civil divorce

In the eyes of the Catholic Church, a __ has no effect on the marriage bond.

Divorce

The Catholic Churches regard __ as a purely civil matter with no ecclesiastical effects

Sanctioned

For some Orthodox Churches, a civil divorce is __ by ecclesiastical authorities and the parties are then free to marry

Declaration of nullity, ab initio

Is a declaration that because of a defect of form or consent, or the existence  of an invalidating impediment, the marriage never existed

Declaration of nullity

Since the Catholic Church regards a sacramental, consummated valid to be indissoluble, whenever a marriage breaks down

Null ab initio

The only pastoral remedy in such a case for a person who desires remarriage is to ascertain if the marriage was __ in consideration of the observation of the canonical form, the presence of any invalidating impediment or a defect in the consent.

Prior marriage

Anyone seeking to marry in the church who is bound by a __ and whose ex-spouse is still alive

Invalid marriage

Anyone seeking to celebrate the sacraments of initiation who is in an apparently __ due to prior bond

Annulment

Is a declaration by an authorized tribunal that a marriage is legally null, witthout legal effect, in the church

Annulment

The parties are therefore not bound by that marriage, they are free to enter a new marriage or validate an existing civil marriage in the church

Annulment

Does not assert that a marriage never happened, does not have any effects in civil law

Annulment

Does not have any effects on the legitimacy of children, does not make any judgment about a person’s moral or religious quality

Conjugal life

A person can petition for an annulment when it is established that __ cannot be restored after civil divorce

Marital status

A person can petition for an annulment when there is a need to determine the person’s __ in the church

Competent tribunal

Persons seeking an annulment must submit a completed petition, together with the required documents, to a __

Priest, deacon, or trained lay minister

__ should complete the petition with the person and serve as notary

Legal judgment

The determination of the nullity of a marriage is an act of __, so the process is a judicial process, or trial

Petitioner

Nullity must be proven by __

The acts of the case

By means of various documents: declaration of the parties, testimony of witnesses, other documents like psychological records

Moral certitude

The standard of proof is __ of the nullity of the marriage

Marriage is null

A __ if something essential to entering the legally binding contract of marriage was missing when the contract was signedm the exchange of vows

Parties, formalities, consent

Fatal flaw in: