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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]
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]
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 ...
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.
Dignitas connubii is an instruction issued by the Pontifical Council for Legislative Texts on 25 January 2005 on the discipline to be observed in diocesan and interdiocesan tribunals regarding causes of the nullity of marriage. [1]
Canon 1119 of the 1917 Code of Canon Law [6] stipulated two cases in which a marriage ratum sed non consummatum may be dissolved, [7] namely, (1) if one of the parties takes solemn vows in a religious order [8] or (2) a dispensation is issued by the Holy See.
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]