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At the press conference announcing the reforms, Cardinal Francesco Coccopalmerio, the president of the Pontifical Council for Legislative Texts, emphasized that the church does not decree the "annulment" of a legally valid marriage, but rather declares the "nullity" of a legally invalid marriage. [4]
Certain conditions are necessary for the marriage contract to be valid in canon law. According to Matthew 19:5–6 and 1 Corinthians 7:10–11, the Church cannot separate what has been united by God, but with his aid can rule that a marriage has been null since the time of its celebration. [7]
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]
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.
Even defection that is not known publicly is subject to the automatic spiritual penalty of excommunication laid down in canon 1364 of the 1983 Code of Canon Law. However, when determining if a marriage is lawfully celebrated, Catholic baptism is now the sole determinant of the licitness of the marriage in regards to defects of canonical form in ...
Benedict XIV, by his bull Dei miseratione of 3 November 1741, introduced this official into the marriage procedure to guard against abuses occurring from the ordinary procedure. An annulment of a marriage might result from the appearance of only the spouse who desired freedom to enter upon a new marriage, while the other was apathetic and ...
According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]
In the canon law of the Catholic Church, a vetitum (Latin for "a prohibited thing") is a prohibition, in the form of a precept, imposed by an ecclesiastical judge on a particular individual, in connection with declaring the nullity of marriage, that prevents them from contracting another marriage, at least until the cause of the nullity of the ...