http://www.newadvent.org/cathen/09699a.htm, "Moral and Canonical Aspect of Marriage.". The marriage law, known by its initial words, "Ne temere", went into force on Easter Sunday, 18 April, 1908. Doubtful marriage cases are decided in courts provided by the canon law for that purpose. The marriage bond is sacred; married life symbolizes the union between Christ and His Church (Ephesians 5:22 sqq.) Let me explain…. The ethical value of marriage is certainly lowered by such views. Hence disciplinary laws regulating solemnities to be observed in marriage, and laws defining qualifications of parties to marry, are not so rigid as to admit of no change, if the Church sees fit to change them, owing to difference of time and place; the change too may affect the validity or the legality of a marriage. Baptismal and Confirmation Certificates Secure NEW copies which should have an annotation: FOR MARRIAGE PURPOSES ONLY. When a prince or a member of a ruling house weds a woman of inferior rank, especially if her family is plebeian, the marriage is generally known as a morganatic marriage. Marriage was intended by the Creator for the propagation of the human race and for the mutual help of husband and wife. Contact information. hen, however, the State enacts laws inimical to the marriage laws of the Church, practically denying her right to protect the sacred character of matrimony, she cannot allow her children to submit to such enactments. It would exclude polyandry, but not polygamy or divorce. “Thus the wife hath not power of her own body, but the husband. ).”If any one should say, matrimony is not truly and properly one of the seven sacraments of the Gospel law, instituted by Christ, but an invention of man, not conferring grace, let him be anathema” (Council of Trent, Sess. It is not sufficient to give the consent internally only, it must be signified by some outward sign. It is important to understand the grounds for Marriage Annulment before making application, and if in doubt you should consult your local priest. It was … A like dispensation has been granted to Hungarians marrying within the boundaries of Hungary; and according to the Secretary of the S. Congregation of Sacraments (March 18, 1909), Croatians, Slavonians, inhabitants of Transylvania, and of Fiume enjoy a similar dispensation. and the Church protects both by such rules as will maintain their Christian characteristics under all circumstances. Selinger, J. Some theologians regard a marriage in which only one party is baptized as a sacrament. (1) The act of being married is the mutual consenting of the parties, the giving and accepting of each other. When the death of either party is not proved by such evidence as is required by canon law, there is no permission to remarry. Canon law does not absolutely require the personal presence of both parties to marriage; but, one being present, giving his consent to marry the absent party, the absent party must signify her consent by proxy or by letter. It is important to understand the grounds for Marriage Annulment before making application, and if in doubt you should consult your local priest. Marriage is, in its essential requirements, ever the same, monogamic and indissoluble. Canonical. A true marriage is one duly contracted and capable of being proved in the ordinary way; a presumptive marriage, when the law presumes a marriage to exist; a putative marriage, when it is believed to be valid, but is in reality null and void, owing to the existence of a hidden diriment impediment. II, n° 7, April 30, 1910, p. 300). The enactment of laws fixing the dowry, the right of succession, alimony and other like matters, belongs to the secular authorities according to the common teaching of canonists. 2; and vol. A copy of the civil marriage license/certificate for the marriage for which a Declaration of Nullity is sought. Violence or coercion by fear in a degree so great as to deprive either party of his freedom to dissent would invalidate the consent given. Canonical Form requires that a Roman Catholic marry before two witnesses and the ceremony be presided over by the Local Ordinary, pastor, priest, deacon, or a lay person with the faculty (permission) to assist at the ceremony in conformity with the laws of the Church. Once these have been established marriage Annulment can proceed. ; Mark, x, 11 sqq. By a special dispensation, mixed marriages — i.e., both parties being baptized, one a Protestant, the other a Catholic — of Germans marrying within the boundaries of the German Empire are valid, though clandestinely contracted. They consider it a developed social instinct, a matter of utility, convenience, and decency, a consequence of sexual intercourse, which human society decided to regulate by law, and thus encourage a state of affairs conducive to the peace and happiness of the race. Remy Lafort, Censor. In the former case (occult impediment) the question is decided pro foro interno in the tribunal of penance or by the penitentiary Apostolic at Rome. If based abroad, a Parish certification that you The Canonical Form of Marriage in Latin Law and in Oriental Law: A Comparative Study With References to the Application of Catholic-Byzantine Law to Selected Pastoral Concerns In Eastern Europe. The Sacred Congregation of the Rota recently decided a marriage to be valid at’ which the consent of one party was given verbally, and that of the other by letter. In other instances, the marriage being by juridical sentence declared null and void, the parties to it are free to enter new alliances. There is, again, a special kind of marriage which needs explanation here. IX, part II, title 22, for obsolete canonical rules). Marriage is monogamic and indissoluble; death alone dissolves the union when consummated. Bishops of dioceses, national and provincial councils may, however, enforce stricter observance of the general laws in their respective jurisdictions; if peculiar circumstances require it, they can legislate against abuses and insist on special points of law; for instance, they may demand certain qualifications in witnesses to marriage, and prescribe certain preliminaries for mixed marriages, binding on priest and people under pain of sin. MARRIAGE IN THE CHRISTIAN DISPENSATION. ; I Cor., vii, 2 sqq. New York: Robert Appleton Company, 1910. Such an agreement or condition denies the perpetual duties of matrimony, limits matrimonial rights, suspends the duty consequent on the use and exercise of those rights; if really made a sine qua non of marriage, it necessarily annuls it; the parties would wish to enjoy connubial intercourse, but evade its consequences. The fear need not be absolute but if it be relatively so strong as to prompt external consent while the party dissents internally, canon law considers the requisite freedom wanting, and the contract null and void (see “Acta Apostolic Sedis”, vol. It would exclude polyandry, but not polygamy or divorce. The natural law, Divine revealed law, and the Apostolic law of marriage are interpreted by the Church, but never repealed or dispensed from. Marriage is a contract and is by its very nature above human law. Certain defects of body, particularly impotency, disqualify likewise. Ecclesiastical law confirms this, and even extends its natural limits: if the error is as to the person, the contract is null and void — e.g., if, instead of the girl he consents to marry, her sister were given in marriage by some accident or fraud. Ecclesiastical approbation. In some countries, however, the law concedes a hope of succession to such children if all the direct heirs should die. The general notion of dispensation tends to be alien to us, as it does not exist in U.S. civil law. Canonical form as an element of validity of marriage has not always existed. By principles borrowed from Christian tradition, polygamy, strange to say, is proscribed even by those whose ethics of marriage are naturalistic, evolutionary and socialistic. One result of the defection from the Church in the sixteenth century was a belief that marriage is a civil ceremony. But human society, both in its primitive and organized form, originated by marriage, not marriage by human society. An error is an impediment based on natural law. The Church, on the other hand, justly expects the State to treat her laws, such as those of celibacy, with respect (see Schmalzgriiber, vol. Consanguinity to the fourth degree in the collateral line (1st cousin), including legal adoption to the second... Affinity (relationship by marriage, e.g. Date of Civil Divorce/Death of Spouse (The death certificate of a prior spouse, a decree … The law enacts that a marriage of Catholics of the Latin Rite is licit and valid only if contracted in the presence of the ordinary, or the parish priest, or a priest delegated by either, and at least two witnesses. Those who contract marriage do so indeed by their own free wills, but they must assume the contract and its obligations unconditionally. The couple must be capable of being Thus in the patriarchal times of the Old Testament polygamous marriage was tolerated. +John M. Farley, Archbishop of New York. 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