Lesson11/22

How Does Canon Law Protect the Covenant?

Understand capacity, impediments, consent, and canonical form; distinguish a declaration of nullity from divorce, and avoid deciding a case for yourself.

Estimated time: 20 min Reviewed
Continue learning

Three basic sets of conditions

For a marriage to be celebrated validly, the parties must be capable of marrying, give true consent, and observe canonical form when the law requires it. The premarital investigation is not intended to create obstacles but to protect the freedom and permanence of the covenant.

Key point

Diriment impediments concern age; antecedent and perpetual impotence; a prior bond; disparity of cult; sacred orders; a public perpetual vow; abduction; crime; consanguinity; affinity; public propriety; and a legal relationship arising from adoption. Many cases require expertise; do not diagnose the case yourself.

Scripture

Suggested reading: Matthew 19:3-9. Indissolubility is both a gift and a demand arising from the fact that God joins the couple together.

Nullity is not “Catholic divorce”

A civil divorce does not of itself dissolve the matrimonial bond. A declaration of nullity is a Church tribunal's judgment that an essential element was lacking at the time of the wedding. Infertility is not an impediment; mental illness also does not automatically render a marriage invalid.

Reflection

Is there any marriage, traditional wedding ceremony, child, or obligation from a previous relationship that I have not disclosed because I thought, “It was not in a church, so it does not count”?

Practice

Make a timeline of both persons' previous relationships and marriages. Bring every uncertainty to the priest responsible for the file; do not rely on hearsay to decide whether you are free to marry.

References

Path progress

How Does Canon Law Protect the Covenant?

Sign in to sync this progress

Account

Sign in to sync

Your progress is still saved on this device when you learn without an account.