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In essence, it is an extension to marriages between a baptised and a non-baptized person of the logic of the Pauline privilege, the latter being dissolution of a marriage between two non-baptized persons to enable one of them, on becoming a Christian, to enter a Christian marriage.
On the other hand, a marriage celebrated in due form between a Catholic and an unbaptized person is invalid unless dispensation has previously been obtained from the competent church authority. [32] Other cases in which a marriage is both illicit and invalid are indicated in canons 1083 to 1094 of the 1983 Code of Canon Law. [33]
A cleric's "second review" before nullity can be declared was eliminated. [5] Bishops now have the authority to declare nullity themselves, and in a more efficient manner. [5] The process should be gratis (for free), as long as the tribunal workers can still be paid a just wage. [6] The reforms took legal effect on 8 December 2015. [7]
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, [1] and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The Canon Law of Marriage and the Family, by John McAreavey, Four Courts Press, 1997. ISBN 1-85182-356-5. The Invalid Marriage, by Lawrence G. Wrenn, Canon Law Society of America, 1998. ISBN 0-943616-78-6. Canon Law: A Text and Commentary, by T. Lincoln Bouscaren and Adam C. Ellis, Bruce Publishing Company, four editions. Deals with the 1917 ...
According to Cardinal Julián Herranz, then-president of the Pontifical Council for Legislative Texts which issued the instruction, the purpose of Dignitas connubii was to give the ministers of justice (tribunal officers) a practical and convenient guide for handling tribunal work in matrimonial nullity processes. [2]
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. [1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent.
Canon 109 of the Code of Canon Law of the Catholic Church provides that affinity is an impediment to the marriage of a couple, and is a relationship which "arises from a valid marriage, even if not consummated, and exists between a man and the blood relatives of the woman and between the woman and the blood relatives of the man."