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Papal dispensation is a reserved right of the pope that allows for individuals to be exempted from a specific Canon law. Dispensations are divided into two categories: general, and matrimonial. Matrimonial dispensations can be either to allow a marriage in the first place, or to dissolve one.
The Catholic Church treats as indissoluble and valid every marriage when it is the first marriage for both parties. However, the church does not recognise as valid a marriage when one of the parties is Catholic but the marriage was not celebrated before a Catholic priest (unless a dispensation was first obtained).
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.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptized". [1]
Under the 1983 Code of Canon Law, the discipline of 1917 has been changed; a marriage ratum sed non consummatum can now be dissolved only by a dispensation from the pope or his delegate. [11] The pope has delegated competency for granting such dispensations to the Tribunal of the Roman Rota, one of the ordinary tribunals of the Apostolic See.
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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]
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