Impediments to Marriage
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Impediments to Sacramental Marriage

Lack of Commitment

  • Either party states that if the marriage fails they can get out of it.
  • If they have a "prenuptial agreement" which has conditions about the termination of the marriage.

"Marriage cannot be validly contracted subject to a condition concerning the future." — Code of Canon Law, 1102§1.

"If a condition concerning a future event is attached to the consent, the law gives no effect to the consent; there is no marriage." — Marriage in Canon Law, Ladislas Orsey, S.J., 1988

Lack of Freedom to Marry

  • Either of the parties has been previously married, for whatever length of time, either civilly or in any religious ceremony, unless a declaration of nullity has been received.

Following the final divorce decree(s), previously married party must consult the Office of the Tribunal of the Archdiocese of Baltimore before a date may be set for the new marriage.

Intention to Not Have Children

  • Either party states that they positively do not want and will not have children.

"For matrimonial consent to exist, it is necessary that the contracting parties be at least not ignorant of the fact that marriage is a permanent partnership between a man and a woman, ordered to the procreation of children through some form of sexual cooperation." — Canon 1096.1

FOR MORE INFORMATION:
God Heals Broken Hearts and Broken Dreams: An Explanation of the Church's Annulment Process, Arch. Of Baltimore, 1999, 410-547-5533, www.archbalt.org/Tribunal.

 

Christian Marriage:
A Sign of God's Commitment

Every marriage is a legal contract. Christian marriage is that and more. It is a covenant — a sacred promise — for life-long, exclusive, fruitful love between a man and a woman.

Contract

  • Deals with Things
  • Engages the services of people
  • Stated time-limit of effectiveness
  • Guaranteed by civil law
  • Can be made by any person of legal age
  • Can be broken with loss to contracting party
  • Best understood by lawyers
  • Can be coerced

Covenant

  • Deals with people
  • Engages persons
  • Forever
  • Guaranteed by God
  • Can be made only by emotionally, mentally & spiritually mature adults
  • Cannot be broken
  • If violated, results in broken hearts
  • Best understood by lovers
  • Requires free consent


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