Canonical Impediments to Marriage
Certain personal situations or previous legal relationships can prevent a valid marriage according to canon law.
Prior Marriage Bond
According to Canon 1085, “invalidly attempts marriage who is bound by the bond from a previous marriage, even if not consummated.” This principle, according to other canonical sources, affects both Catholics and non-Catholics. Marriage in general is understood to be subject to unity in its double meaning of monogamy and fidelity.
This impediment is considered divine law and therefore cannot be waived by any human authority. It leads to two main consequences:
- It governs universally.
- Its termination cannot be waived by any human authority, although the Roman Pontiff can, for a good reason, dissolve a non-sacramental marriage in favor of the faith (favor fidei). This occurs with the disappearance of the bond through dispensation from the law of indissolubility, and indirectly the impediment ceases.
In case of doubt, either in fact or law, regarding the impediment of a prior bond, if the remarriage has not been contracted, it must be absolutely prevented (Canon 1085 ยง3). If the remarriage has already taken place, considering the objectivity of this impediment, while doubt about the validity or existence of the first marriage persists, the question of the invalidity of the latter theoretically remains open.
On a practical level, regarding the effects, we must distinguish between the internal and external forums. In the internal forum (conscience), as long as the spouses remain in good faith, the connubium (marriage bond) produces its effects in the field of consciousness. This second marriage, as long as good faith exists, produces its effects in the consideration of a putative marriage. When the doubt is resolved, and good faith therefore disappears, the spouses must separate completely.
In the external forum, the question must be compared with the general presumption in favor matrimonii (in favor of marriage), under which in cases of doubt, a marriage must be deemed valid until its nullity is certain. The validity of the first marriage plays a role here, supporting the general principle of law: qui prior est tempore, potior est jure (who is first in time, is stronger in law).
This impediment can be terminated only by removal of the cause in the following circumstances:
- Death of one spouse, or a declaration of presumed death.
- A declaration of invalidity by ecclesiastical sentence.
- Dissolution of the marriage (e.g., non-consummated sacramental marriage, or natural marriage in favor of the faith).
Impediment of Holy Orders
According to Canon 1087, “cannot contract a valid marriage who have received holy orders.”
Its rationale is found in ecclesiastical celibacy as well as the requirement of availability imposed by the ministry. This impediment has the character of ecclesiastical law. The meaning or reason for this impediment is the incompatibility, by canonical provision, of these two sacraments (Marriage and Order), given the nature and purpose of each of them and their essence and socio-ecclesial mission.
For this impediment to arise, it is necessary that the ordination is valid.
The removal of the cause can only be by way of dispensation, which is reserved to the Roman Pontiff. Dispensation is only granted if it precedes or accompanies the loss of the clerical state.
Public Vow of Chastity
According to Canon 1088, this impediment affects those who are bound by a public perpetual vow of chastity in a religious institute.
The requirements arise from the wording of the canon. For this impediment to arise, it is necessary:
- That it is a perpetual vow of chastity.
- That the vow is public, received by the competent ecclesiastical authority.
- That it is given in a religious institute, and is valid.
As in the previous case, dispensation is reserved to the Apostolic See (Roman Pontiff). Technically, rather than dispensing from the impediment itself, the dispensation is from the vow, which then removes the basis for the impediment.