Validation of marriage

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.[2][3] However, the children of a putative marriage are legitimate.[4]

Simple convalidation

If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation.[2]

"To convalidate a marriage which is invalid because of a diriment impediment, it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent."[5] "The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning." [6] "If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of can. 1127".[7]

Radical sanation

See also: Canonical impediment and Dispensation (canon law)

A bishop can give a dispensation to an impediment, giving the marriage retroactive validation called radical sanation or sanatio in radice (Latin: "healing in the root"). Some impediments can only be dispensed by the pope,[8] others may be dispensed by the diocesan bishop,[9] while others cannot be dispensed (consanguinity in the direct line or in the second degree of the collateral line).[10]

Sanatio in radice retroactively dispenses the impediment and makes a putative marriage valid from the time the sanatio is granted.[11] The sanatio validates a marriage by reason of a consent formerly given, but ineffective because of an impediment.[11] When the impediment is removed or dispensed, the consent is ipso facto ratified and no renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their marriage had had the external appearance of a true marriage.

References

  1. ^ can. 1061, 3 CIC/83
  2. ^ a b can. 1156, 1 CIC/83
  3. ^ Wm. Woestman, Canon Law of the Sacraments for Parish Ministry, 2007, 355
  4. ^ Wm. Woestman, Canon Law of the Sacraments for Parish Ministers, 2007, 278.
  5. ^ can. 1156 CIC/83.
  6. ^ can. 1157 CIC/83.
  7. ^ can. 1158, 1 CIC/83
  8. ^ can. 1078, §2 CIC/83
  9. ^ can. 1165 CIC/83
  10. ^ can. 1078, §3 CIC/83
  11. ^ a b can. 1161, 1 CIC/83

Bibliography

Code of Canon Law - Wm. Woestman, Canon Law of the Sacraments for Parish Ministry, Ottawa 2007.

 This article incorporates text from a publication now in the public domain: Herbermann, Charles, ed. (1913). "Validation of Marriage". Catholic Encyclopedia. New York: Robert Appleton Company.

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