Everything about Catholic Marriage totally explained
Catholic marriage, also called
matrimony, is an indissoluble 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.
Conditions for a sacramental marriage
From the perspective of the Catholic Church, for a marriage to be a
sacrament, both the man and the woman must be baptized, able to marry and freely consent to the marriage. The Church typically provides classes for some months before marriage to help the particpants inform their consent. During this time, the would-be spouses are
confirmed, if they've not previously received confirmation and it can be done without grave inconvenience (Canon 1065).
The Church has further requirements for the form of vows, called the "canonical form". The canonical form of marriage must be followed (unless dispensed). The requirement for a Canonical Form of Marriage began due to the reforms of the Council of Trent. With the decree
Tametsi of 11 November 1563.
Ne Temere promulgated by Pius X, August 2, 1907 added (and continues to enforce) further specifications.
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.
In addition to being free to marry, the participants must intend marriage. In the
Catholic Church, it's 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.
Impediments
A Catholic marriage can't be formed if one or more of the following
Impediments are given, though of some of these a
dispensation can be given.
- antecedent and perpetual Impotence
- Consanguinity to the fourth collateral line (1st cousin), including legal adoption to the second collateral line
- Affinity (relationship by marriage, for example a brother-in-law) in the direct line
- prior bond
- Holy Orders
- perpetual vows of chastity in a religious institute
- Disparity of cult (one party not being baptized)
- Crimen (one party previously conspiring to marry (upon condition of death of spouse) while still married)
- conjucide
- abduction
- public propriety
Ministers of matrimony
The husband and wife must validly execute the marriage contract. In the Roman Catholic tradition, it's 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 doesn't eliminate the need for church involvement in the marriage; under normal circumstances, canon law requires the attendance of a priest or deacon and at least two witnesses for validity (see
canons 1108-1116
).
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
Catechism of the Catholic Church § 1623, 1992 edition
) 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. Thus it's known in the East as the Mystery (read: Sacrament) of Crowning as often as it's called matrimony.
Validity
A marriage may be somewhat defective and yet still be valid; such a marriage is illicit. A marriage which was sufficiently defective as not to meet the required criteria is invalid, and the participants are considered not to have actually married. However, Canon 1137 states that children born to a "putative" marriage (defined in Canon 1061, sec. 3 as one that isn't valid but was entered into in good faith by at least one spouse) are legitimate; therefore, the declaration that a marriage is null doesn't render the children of that marriage illegitimate.
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 be dispensed by the Pope, as Vicar of Christ. Once the marriage is consummated, only a separation is possible; the marriage bond can't be dissolved. Therefore, the term "divorce" has no meaning in the context of Catholic marriage.
An
annulment is a declaration that the marriage was invalid at the time the vows were exchanged. In cases of two baptized people, this also means that no sacrament ever took place.
Thus, an annulment is declared only when an ecclesial tribunal finds a lack of validity in the marriage at the time of the marital contract. Behavior subsequent to the contract isn't directly relevant, except as
post facto evidence of the validity or invalidity of the contract. That is, behavior subsequent to the contract can't actually change the validity of the contract. For example, a marriage would be invalid if one of the parties, at the time of marriage, didn't 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 doesn't invalidate the marriage.
Annulment and divorce, therefore, differ in both in rationale and effect; an annulment is a finding that sacramental marriage never existed, whereas a divorce is a dissolution of marriage.
Further Information
Get more info on 'Catholic Marriage'.
|
External Link Exchanges
Do you know how hard it is to get a link from a large encyclopaedia? Well we're different and will prove it. To get a link from us just add the following HTML to your site on a relevant page:
<a href="http://catholic_marriage.totallyexplained.com">Catholic marriage Totally Explained</a>
Then simply click through this link from your web page. Our crawlers will verify your link, extract the title of your web page and instantly add a link back to it. If you like you can remove the words Totally Explained and embed the link in article text.
As long as your link remains in place, we'll keep our link to you right here. Please play fair - our crawlers are watching. Your site must be closely related to this one's topic. Any kind of spamming, dubious practises or removing the link will result in your link from us being dropped and, potentially, your whole site being banned. |