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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]
Lack of form. When a marriage of a Catholic takes place without following the laws and rites of the Catholic Church. Such a marriage does not even have the appearance of validity and, consequently, does not enjoy the presumption of validity. Coercion. This impediment exists if one of the parties is pressured by any circumstances to enter into ...
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.
To be considered valid, the marriage required the presence of the parish priest or his deputy authorised by him or the ordinary. And the presence of two or three witnesses. Banns were to be read before the marriage was to take place. For the first time, a record of marriage was to be kept. A liturgical form for marriage was established.
However, in situations where there was a complete absence of the canonical form (e.g. if the marriage was concluded in a civil ceremony) and a Catholic later wants to get married in canonical form to a different person, in many (but not all) dioceses the possibility exist for the parish priest to declare the former civil marriage invalid as ...
A marriage of two baptized Protestants, even if the church or churches they belong to and they themselves deny that marriage is a sacrament, and even if they contract marriage only civilly and not in church (they are not bound to observe the form that is obligatory for Catholics), [6] is a sacramental marriage, not a merely natural marriage. [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]
The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [8] The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9]