CHURCH LAWS CONCERNING MARRIAGE


Matrimony-defined as the marriage covenant by which a man and woman establish between them­selves a part­nership of the whole of life-is by its nature ordered towards the good of the spouses and the procre­ation and education of offspring. For a baptized couple, this covenant has been raised by Christ to the dignity of a sacrament.

Because Christ insti­tuted this sacra­ment, he also gives a man and a woman their vocation to marriage. The covenant thus in­volves not only a man and a woman, but also Christ. In establishing marriage as a vocation in life, God gave it the characteristics that enable human love to achieve its perfec­tion and allow family life to be full and fruitful. Outside marriage, or without a proper realization of its nature, the right conditions for the fruitfulness of human love and for a suc­cessful family life do not exist.

The Catholic Church has the right to establish laws re­gard­ing the validity of marriages, since marriage for the baptized is both a covenant and a sacrament. And it is only the Ca­tholic Church that has jurisdic­tion over those mar­riages, with due regard for the competence of civil au­thority concerning the merely civil effects. No one other than the Church has the power or authority to change ecclesiastical laws.


Unity and In­dissolu­bility


Unity of marriage signifies that the covenant estab­lished is between one man and one woman: the husband cannot ma­rry another woman during the lifetime of his wife, nor can the wife marry another man during the lifetime of her husband. Polygamy-having more than one spouse at the same time-is contrary to the equal personal dignity of men and women, who in Matrimony give themselves with a love that is total and, therefore unique and exclusive.

Indissolubility refers to the fact that the bond of sacramental mar­riage cannot be broken except by the death of either the hus­band or the wife.


  Con­sent


Matrimonial con­sent is an act of the will by which a man and a woman, in an ir­revocable covenant, mutually give and accept each other, declaring their willingness to wel­come children and to educate them. Consent must be a free act of the will of each of the con­tracting parties, without coercion or serious fear arising from external circumstances. To be free means:

  • To be acting without constraint.
  • To be unimpeded by natural or ecclesiastical law.  Only those capable of giving valid matrimonial con­sent can get married: Matrimony is created through the consent of the parties-consent legitimately manifested between persons who, accord­ing to law, are capable of giving that consent.

  Conditions for a Valid Marriage


1.  The contracting parties must be capable, according to Church law, of giving matrimonial consent. Before Ma­tri­mony is celebrated, it must be evident that no impediment stands in the way of its valid and licit (lawful) celebration.
2.  The consent given by the parties must be deliber­ate, fully volun­tary, free, mutual, and pub­lic. Therefore, the fol­lowing are incapable of contracting marriage:

  • Persons who lack sufficient use of reason.
  • Persons who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and duties that are to be mutually given and ac­cepted.
  • Persons who, because of serious psychic illness, can­not as­sume the essential obligations of Matrimony.

3.  The consent must be legitimately manifested in canonical form, in the presence of an au­thorized priest or deacon and two wit­nesses. Canonical form does not oblige non-Catholics when they marry other non-Catholics, but only Catholics-even if only one of the two parties is Catholic-who have not left the Church by a formal act. The priest or deacon who assists at the celebration of a marriage receives the consent of the spouses in the name of the Church and gives them the blessing of the Church. The presence of the Church's minister, as well as that of the witnesses, visibly expresses the fact that marriage is an ecclesial reality.


  Age Requirement


As a condition for marriage, the Church re­quires that a man has com­pleted his sixteenth year (one's sixteenth year is completed the day after one's sixteenth birthday) and that a woman has completed her fourteenth year of age (one's fourteenth year of age is completed the day after one's fourteenth birthday). These ages are the min­ima for validity. There may be civil laws, as well, reg­ulating the minimum age for each state and country, but failure to comply with these laws does not invalidate marriage in the eyes of the Church.


  Invalid Marriages


Marriage is permanent, because God established it so from the very beginning. The indis­solubility of marriage is for the good of husband and wife, their children, and human society as a whole. The civil government has no power to dissolve a valid marriage-even if the marriage is between non-Catholics.

The government can dis­solve only the civil aspects of marriage, such as ownership of property, custody of the children, etc. Even when civil divorce is allowed by the country's law, mar­riage, in God's eyes, still ex­ists.

  • The Church does not have the power to dissolve a valid, sacra­mental marriage that has been consum­mated. She may declare a marriage null and void only upon investigation and on evidence that the marriage did not exist from the very beginning. The reasons could be one of the following:

    Lack of fully voluntary and free consent.
    Some deficiency in the form of the marriage celebra­tion.
    The presence of an impediment that makes a marriage in­valid.   
The declaration of nullity (so-called annulment) is a very im­portant decision of an ecclesiastical court. A very careful in­vestigation has to be made by the court be­fore that conclu­sion can be reached, ensuring that no valid marriage is declared null and void by mistake.


  Mixed Marriages


Marriages between a Catholic and a baptized Chris­tian who is not in full communion with the Catholic Church are ca­lled mixed marriages. For mixed marriages, permission (not dispensa­tion) from the local ordinary (usually the bishop) is required for validity. Marriages between Catholics and unbaptized persons (disparity of cult) are invalid unless a dispensation from the local ordinary is granted. All this presupposes that these marriages are cele­brated with all other necessary conditions fulfilled.

  • The local bishop may grant permission or dis­pensation for such mar­riages on the following conditions:

    The Catholic party declares that he or she is pre­pared to re­move dangers of falling away from the faith and makes a sincere promise to do all in his or her power to have all the children baptized and brought up in the Catholic Church.
    The other party is to be informed at an appropriate time of these promises that the Catholic person has to ma­ke. It is important that the other person be truly aware of the commitments and obligations of the Catholic spouse.
    Both persons are to be instructed with respect to the essential ends and prop­erties of marriage, which are not to be ex­cluded by either party.
    The man and woman should marry in the Catholic Church.  The canoni­cal form (Church ceremony with an authorized Catholic priest or deacon and at least two other witnesses present) is to be followed. When there are serious difficulties, the local bishop may give a dispensation and allow another form which is public (such as a civil ceremony) to be followed. It is never allowed, however, to have the Catholic priest or deacon and a non-Catholic minister, rabbi, or public official, each performing his or her own rite, asking for the consent of the parties. Likewise, it is forbidden to have an­other re­ligious mar­riage ceremony before or after the Catholic cer­emony for giving or receiving the matri­monial con­sent. Marriage consent is given only once.

  Worthy Reception of the Sacrament of Matrimony


  • Once these requirements for a valid marriage are ful­filled, some other conditions are needed for the worthy reception of the sacrament of Matrimony:

    Baptism. Both parties must be baptized persons.
  • Rectitude of intention. Being carried away by emotions or momen­tary pas­sions should be avoided. Premarital preg­nancy is not a suffi­cient reason to marry someone, as that could involve an added mistake.
  • Spiritual preparation. One should be in the state of grace. The sacraments of Penance and holy Eucharist are strongly recommended as im­mediate preparation.
  • Confir­ma­tion. Catholics should have previously received the sacrament of Confir­ma­tion. This sacra­ment should be received before marriage, unless grave diffi­culties stand in the way.
  • Knowledge of the duties of married life. Such duties include mutual fidelity of the spouses until death, and care for the bodily and spiritual welfare of the children sent by God.
  • Obedience to the marriage laws of the Church.
  • "An indulgence is obtained through the Church who, by virtue of the power of binding and loosing granted her by Christ Jesus, intervenes in favor of individual Christians and opens for them the treasury of the merits of Christ and the saints to obtain from the Father of mercies the remission of the temporal punishments due for their sins.  Thus the Church does not want simply to come to the aid of these Christians, but also to spur them to works of devotion, penance, and charity."



31.  This section (pp. 20-25) is excerpted from James Socías, Marriage Is Love Forever, Princeton, N.J.: Scepter Publications, 1994.