Catholic marriage
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In the theology of the Roman Catholic Church, marriage, also called matrimony, is an indissoluable bond between a man and a woman, created by human contract and ratified by divine grace. It is one of the seven sacraments. It is ordinarily celebrated in a Nuptial Mass.
The nature of the covenant requires that the two participants be one man and one woman, that they be free to marry, that they willingly and knowingly enter into a valid marriage contract, and that they validly execute the performance of the contract.
On the exact definition of each of these steps hinge all the arguments and technical points involved in annulments, and annulment disputes (eg, one of the most famous, that of Henry VIII). Catholic Canon law regulates the celebration of marriage in canons 1055 -- 1065.
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[edit] Freedom to marry
The participants in a marriage contract must be free to marry, and to marry each other. That is, they must be an unmarried man and woman, with no impediments as set out by Canon law.
[edit] Free Intent to marry
In the Catholic Church, it is consent that creates marriage. Consent consists in a human act by which the partners mutually give themselves to each other. Consent must be a free act of the will of the consenting parties, free of coercion or grave external error. If freedom is lacking, the consent is invalid.
[edit] Conditions for a Sacramental Marriage
Both the man and the woman must be baptized. Marriage consent must be freely and validly exchanged. The canonical form of marriage must be followed (unless dispensed).
[edit] The Ministers of Matrimony
The husband and wife must validly execute the marriage contract. In the Catholic tradition, it is the spouses who are understood to confer marriage on each other. The spouses, as ministers of grace, naturally confer upon each other the sacrament of matrimony, expressing their consent before the church.
This is somewhat different for the Eastern Catholic Churches, which follow the Eastern Orthodox beliefs regarding marriage. Therefore, the priest (never a deacon) is the minister of the sacrament (see the Catechism of the Catholic Church 1623, 1992 edition, [1]) through the act of "crowning" the couple with a pair of crowns while proclaiming them received into the Kingdom of Heaven. The vows are exchanged well beforehand in the Byzantine ritual and are not binding. They are a remnant of the Liturgy of Betrothal which had used to be done in a separate Liturgy. Many Western Catholics are surprised when clicking on their cameras after hearing the exchange of vows to be told by the priest that they are still not married, having not yet been crowned. Thus it is known in the East as the Mystery (read: Sacrament) of Crowning as often as it is called matrimony.
[edit] Impediments to Catholic Marriage
Antedent and Perpetual Impotence
Sanguinity to the fourth collateral line (1st cousin)/affinity (inlaws) in the direct line
Prior Bond
Holy Orders
Perpetual Vows of chasity in a religious institute
Disparity of Cult
conjucide
abduction
public propriety
adoption to the second collateral line[1]
[edit] Validity
A marriage may be somewhat defective and yet still be valid; such a marriage is illicit. A marriage which was sufficiently defective as to not meet the required criteria is invalid, and the participants are considered to not have actually married (the children are in all cases considered legitimate, as there is no concept of "illegitimacy" in Catholic theology of Canon Law.).
[edit] Nullity
Catholic theology teaches that a validly contracted marriage is accompanied by divine ratification, creating a virtually indissoluble union until consummation, after which the marriage is completely indissoluble. An unconsummated marriage can in certain circumstances be dissolved by the Church through papal dispensation. Once the marriage is consummated, only a separation is possible; the marriage bond cannot be dissolved. Therefore, the term "divorce" has no meaning in the context of Catholic marriage.
An annulment is a declaration that the marriage was celebrated invalidly. Thus, an annulment is granted only when a tribunal finds a lack of validity in the marriage at the time of the marital contract. Behavior subsequent to the contract is not directly relevant, except as post facto evidence of the validity or invalidity of the contract. That is, behavior subsequent to the contract cannot actually change the validity of the contract. For example, a marriage would be invalid if one of the parties, at the time of marriage, did not intend to honor the vow of fidelity. If the spouse did intend to be faithful at the time of the marriage but later committed adultery this does not invalidate the marriage.
Annulment and divorce, therefore, differ in both in rationale and effect; an annulment is a finding that the original marriage was invalid (denying that the sacrament ever existed), whereas a divorce is a dissolution of the civil contract of marriage.
[edit] Glossary
- Affinity - Relationship by marriage (eg, brother-in-law)
- Consanguinity - Relationship of blood or legal adoption
- Crimen - An impediment to marriage caused by one party previously conspiring to marry (upon condition of death of spouse) while still married
- Diriment impediment - A hindrance to marriage which renders the marriage invalid, the only kind recognized under the 1983 Code of Canon Law
- Disparity of cult - Marriage between a Catholic and a non baptized person
- Dispensation - Removal of an impediment by a formal action of a Church official
- Illicit - A marriage which was not celebrated according to the norm of law, yet remains a valid marriage
- Impediment - A hindrance to marriage
- Invalid - A marriage is not valid, and so is not a Sacramental marriage
- Invalid as to form - a marriage which invalid due to defect canonical form of the celebration of the marriage
- Putative - a marriage objectively invalid, but celebrated in good faith by at least one of the parties
- Canonical marriage -- marriage celebrated inaccord with canon law
