Catholic marriage
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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.
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[edit] 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 have 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.
[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.
In addition to being free to marry, the participants must intend marriage. 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] Impediments
A Catholic marriage cannot be formed if one or more of the following Impediments are given,[1] 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, e.g. 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
[edit] Ministers of matrimony
The husband and wife must validly execute the marriage contract. In the Roman 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 does not 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 is known in the East as the Mystery (read: Sacrament) of Crowning as often as it is called matrimony.
[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 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 is not valid but was entered into in good faith by at least one spouse) are legitimate; therefore, the declaration that a marriage is null does not render the children of that marriage illegitimate.
[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 be dispensed by the Pope, as Vicar of Christ.[2] 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 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 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 sacramental marriage never existed, whereas a divorce is a dissolution of marriage.
[edit] External links
- Catholic Sacrament of Marriage - Holy Matrimony - Wedding
- Arcanum Encyclical of Pope Leo XIII on Christian Marriage
"Moral and Canonical Aspect of Marriage". Catholic Encyclopedia. (1913). New York: Robert Appleton Company.- "Ritual of Marriage". Catholic Encyclopedia. (1913). New York: Robert Appleton Company.
- "Sacrament of Marriage". Catholic Encyclopedia. (1913). New York: Robert Appleton Company.
- Vaginismus, Unconsummated Marriages and a criticism of concept of Consummation
[edit] References
[edit] See also
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