User:CanonLawJunkie/Matrimonial law (canon law)

In the canon law of the Catholic Church, matrimonial law is the area of law that governs the valid and licit celebration of the sacrament of marriage, as well as the marriage between a Catholic and non-Catholic. Matrimonial law is included within the general category of sacramental law.

Marriage in the Catholic Church

Main article: Marriage in the Catholic Church

Natural marriage

Main article: Natural marriage

Canonical form

Eastern Catholic Churches

• Sacred rite (ritus sacer)

Impediments

Impediments to marriage impede the conferral of the sacrament. Diriment impediments invalidate the sacrament, while impedient impediment impediments render the sacrament illicit (although valid).

Validity of marriage and diriment impediments

Main article: Impediment (canon law)

In the discipline of the Latin Church, canonical form is required for the validity of a marriage between two Latin Catholics. Form means an authorized priest as witness to the mutual consent externally expressed, and two additional witnesses.

In the Eastern Churches, the blessing of a priest is necessary for validity.

In the mixed-ritual marriage of a Latin Catholic and an Eastern Catholic, the blessing of a priest is necessary for validity.

Consanguinity

Consanguinity in any degree of the direct line (e.g. father-daughter, grandfather-granddaughter, great-grandfather-great-granddaughter) and in the second degree inclusive of the collateral line (e.g. brother-sister) is invalid by Divine Law.

Crimen

One or both of the parties has brought about the death of a spouse with the view of entering marriage with each other. Ecclesiastical, relative, permanent (unless dispensed by the Apostolic See). Under the Decretals of Pope Gregory IX, the requirements were that either the adulterous pair should promise marriage after the death of the spouse, or that they should attempt marriage while the spouse was still living. While both partners had to be aware that they are committing adultery, affected ignorance, ignorance from refusal to investigate what they are doing, does not remove it. If the pair who wish to marry co-operated to kill the spouse of one of them, in order that they might be free to marry, the impediment is invoked, even if they had not committed adultery. Likewise, if one of an adulterous pair killed a spouse (of either partner) in order to marry, the impediment is invoked. Only the pope may dispense this impediment; there are no instances in which any pope has done so.

Liceity of marriage and impedient impediments

Matrimonial dispensation

Ratum sed non consummatum

Main article: Ratum sed non consummatum

Matrimonial nullity

Declaration of nullity

Matrimonial nullity trial reforms of Pope Francis

Main article: Matrimonial nullity trial reforms of Pope Francis

References

[[Category:Marriage (Catholic Church)]] [[Category:Matrimonial law]]