Eleanor Finch
Marriage is one of the seven sacraments of the Catholic Church, but only if it is between two baptised persons. However, there are several reasons why a marriage may be deemed invalid by the Catholic Church. These include a lack of valid consent, a defect of form, and impediments such as a previous marriage bond or total, permanent impotence. In such cases, Catholics are discouraged from attending the wedding or related celebrations. If a Catholic finds themselves in an invalid marriage, they can seek a radical sanation, or convalidation without the renewal of consent, from their local bishop.
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What You'll Learn
Marriage outside the Church without dispensation
Marriage outside the Catholic Church without dispensation is considered invalid and is not recognised by the Church. This means that a Catholic who marries another Catholic or anyone else outside the Church without the necessary dispensation is in a state of mortal sin. The marriage may be legally valid in the eyes of the state but lacks legitimate standing in the eyes of the Church.
To be considered valid by the Church, a Catholic marriage must be celebrated in a particular form, as outlined in Canon 1108: "only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses". This canon only applies when at least one of the parties is Catholic; if it is not followed by the Catholic party, the marriage is invalid.
In the case of a Catholic marrying a baptised non-Catholic Christian, there may be legitimate circumstances where the couple wishes to wed in the non-Catholic's church. This could include recognising a long-standing relationship with a minister from that church or preventing family alienation. In such cases, the couple would complete the standard Catholic marriage preparation, including the Catholic party attesting to their intention not to leave the Catholic Church and promising to baptise and raise any children in the Catholic faith. The non-Catholic party would be informed of these promises and, in turn, promise not to interfere in their fulfilment. After this preparation, the priest would petition the bishop on the couple's behalf for a "Dispensation from Canonical Form", granting them permission to marry outside the Catholic Church.
If a Catholic marries outside the Church without this dispensation, their marriage can be rendered valid through a canon law procedure called radical sanation. This process does not require a new marriage ceremony, but several conditions must be met. These include the simultaneous valid consent of both parties to the marriage, including the essential properties of marriage (monogamy, fidelity, permanence, and openness to children). Additionally, the Catholic party must declare their intention to remain in the faith and do their best to ensure that any children are baptised and raised Catholic.
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Lack of simultaneous consent
For a marriage to be valid in the Catholic Church, it must be between one man and one woman who are eligible to marry (without invalidating impediments), have valid consent, and be in a valid canonical form.
The Catholic Church presumes that consent is given during the marriage ceremony unless there is evidence to the contrary (CIC 1107). This presumption of consent can be rebutted if one party indicates otherwise, such as by withdrawing their consent or expressing a desire to end the marriage.
It is important to note that simply being in error about the nature of marriage does not invalidate consent. As per Canon 1099, such an error only invalidates matrimonial consent if it "determines the will," meaning it causes the person to actively choose something other than a true marriage. For example, growing up in a culture that accepts divorce or misunderstanding the Church's teachings on the sacramentality of marriage is not enough to constitute invalid consent.
In the case of a marriage outside the Church without a dispensation, the marriage can be rendered valid through a canon law procedure called radical sanation (CIC 1161:1). However, this requires that both parties have valid matrimonial consent (CIC 1162:1). If consent is lacking from either spouse, radical sanation cannot be applied.
In summary, lack of simultaneous consent from both spouses is a critical factor that can render a marriage invalid in the Catholic Church. Valid consent is a prerequisite for a marriage to be recognized as valid and sacramental, and it must be maintained throughout the marriage for it to remain valid.
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Impediments like a previous marriage
Impediments, such as a previous marriage, are a crucial consideration when examining the validity of a Catholic marriage. The Catholic Church maintains that certain obstacles, including a prior marital bond, can render a subsequent marriage invalid. This is based on the understanding that marriage is a sacred union between one man and one woman, reflecting the relationship between Christ and the Church.
In the context of a previous marriage, the Church recognises that individuals may find themselves in situations where their current marriage is deemed invalid due to the existence of a prior marital commitment. This can be a challenging and emotionally charged situation, especially if the previous spouse is still alive. To address this impediment, the Church offers a process known as "radical sanation" or "sanatio in radice," which translates to "healing in the root."
Radical sanation is a canon law procedure that allows for the convalidation of an invalid marriage without the need for a new marriage ceremony. It is a remedy available to Catholics who married outside the Church without obtaining a dispensation, provided that certain conditions are met. These conditions include obtaining a decree of nullity, indicating that the previous marriage was not valid according to Church law. Alternatively, if the previous spouse has passed away, that can also remove the impediment.
It is important to note that radical sanation requires the valid consent of both parties in the current marriage. This consent must be freely given and include an acceptance of the essential properties of marriage, such as monogamy, fidelity, permanence, and openness to having children. Additionally, the Catholic party must declare their commitment to remaining in the faith and raising any children within the Catholic Church.
While radical sanation offers a pathway to validating a marriage affected by a previous marital bond, it is not the only option available. In some cases, individuals may seek an annulment, which declares that the marriage was invalid from the outset due to various factors. However, it is essential to recognise that annulments are separate from divorce and do not imply a sin or moral failing on the part of the spouses.
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Canonical form not followed
For Catholics, marriage is a sacrament, and as such, it is subject to the Church's rules and regulations. A marriage between two baptised persons is a sacrament, but a marriage between a baptised and a non-baptised person is not. However, even if both parties are baptised Catholics, their marriage may still be invalid in the eyes of the Church if the canonical form is not followed.
The canonical form dictates that a Catholic marriage must be celebrated in a particular way. Specifically, it must be contracted before a bishop, priest, or deacon, and two witnesses. This is what is meant when someone says a couple is getting married "in the Church". The physical location of the wedding is irrelevant; what matters is who is officiating the ceremony. If one of the parties is Catholic, this canon must be followed, or the marriage is invalid.
The canonical form can be dispensed, and often is. This is usually done by the local bishop, who can grant a radical sanation to convalidate the marriage without the renewal of consent. However, several conditions must be met. Both parties must have validly consented to the marriage, and this consent must exist simultaneously and freely, without excluding any essential properties of marriage (monogamy, fidelity, permanence, and openness to children). Any impediments, such as a previous marriage or total permanent impotence, must be addressed. The Catholic party must also declare that they are prepared to remain in the faith and do their best to ensure any children are baptised and raised Catholic.
If these conditions are met, a radical sanation can be granted, even if one or both parties are unaware of it. This procedure is not to be taken lightly, however, as it is a serious matter in the eyes of the Church. While it may seem like a mere technicality, the canonical form is an essential part of a valid Catholic marriage, and failure to adhere to it can render the union invalid.
In summary, the canonical form is a crucial aspect of a Catholic marriage. While it can be dispensed, failure to follow it or obtain a radical sanation can result in an invalid marriage in the eyes of the Church. This underscores the importance of understanding and adhering to the Church's rules and regulations surrounding marriage.
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Invalid baptism
The Catholic Church considers baptism to be a "rite of entrance into the Catholic community" and a necessity for salvation. In the words of the Catechism of the Catholic Church, baptism is "the basis of the whole Christian life, the gateway to life in the Spirit, and the door which gives access to the other sacraments".
In 2022, the Diocese of Phoenix announced that a local priest, Father Andres Arango, had been using the wrong formula for baptism for over 16 years, invalidating thousands of infant baptisms. The priest had been using the first-person plural pronoun "we" instead of "I" in the formula, "I baptize you in the name of the Father, the Son, and the Holy Spirit". The church's stance is that the person baptizing stands in for Christ, and therefore the use of "I" is necessary. The Congregation for the Doctrine of Faith (CDF) has stated that the use of "we" makes the baptizer unclear and invalidates the baptism.
In another case, a priest in Michigan discovered that his own baptism was invalid after watching a video recording of the ceremony. This meant that his confirmation, ordination to the priesthood, and all other sacraments he had administered were also invalid.
The Catholic Church recognizes the baptisms of other Christian communities, provided they use the proper form and matter. For example, Protestant baptisms are considered valid as long as the correct formula is used and the person is washed with true water. On the other hand, in 2001, the Congregation for the Doctrine of Faith declared that baptisms by the Church of Jesus Christ of Latter-Day Saints (Mormons) are not valid, as they do not believe in the Holy Trinity or original sin.
While the Church upholds the importance of the proper form and matter in baptism, some Catholics believe that God is not bound by the sacraments and would not invalidate a baptism due to a minor technicality.
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Frequently asked questions
An invalid marriage in the Catholic Church is one that is not recognized as a sacrament. This could be due to a defect of form, such as failing to get a dispensation for a marriage ceremony outside the Church, or it could be due to an impediment of natural or divine positive law, such as a previous marriage bond or total, permanent impotence.
According to Catholic teaching, a valid marriage requires the following:
- One man and one woman who are eligible to marry (without invalidating impediments)
- Valid consent: this includes consent to the essential properties of marriage, such as monogamy, fidelity, permanence, and openness to children
- Valid canonical form: the marriage must be celebrated in a particular form, including being contracted before a bishop, priest, or properly delegated deacon, and two witnesses
If someone is in an invalid marriage, they may be able to correct the situation through a canon law procedure known as radical sanation. This process does not require a new marriage ceremony but does require that certain conditions are met, such as valid consent from both parties and a promise to remain Catholic and raise any children in the Catholic faith.
