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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:
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:
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.
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.
Worthy Reception of the Sacrament of Matrimony