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Author Topic: Diriment Impediments in marriage  (Read 1604 times)

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Offline Malleus

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Diriment Impediments in marriage
« on: November 09, 2014, 02:55:59 PM »
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  • I read a list of them in the Catholic Encyclopedia and none of them mentioned anything about immaturity, nor no sufficient reflexion/consideration and the like.

    The Novus Ordo is notorious for annulling consummated and valid marriages for reasons such as the above. They say "they didn't realize/know what they were getting into", "they didn't think it through" etc.

    What usually happens now is that people get married in a rush or yes maybe when they shouldn't and without thinking it through etc. so then after a little while "problems" start surfacing and they realize they don't get along with each other etc. so they end up wanting an annulment.

    Were such things never any valid reasons for annulling a consummated marriage? If it could be granted that yes they didn't fully realize what they were getting into and didn't think it through and shouldn't have gotten married etc., will all of this nevertheless never be any valid reason to get an annulment?


    Offline Stubborn

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    Diriment Impediments in marriage
    « Reply #1 on: November 12, 2014, 07:05:43 AM »
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  • Quote from: Malleus

    Were such things never any valid reasons for annulling a consummated marriage? If it could be granted that yes they didn't fully realize what they were getting into and didn't think it through and shouldn't have gotten married etc., will all of this nevertheless never be any valid reason to get an annulment?



    No, there never was such a thing. The whole "immaturity" farce is a new invention which is a part of the conciliar religion, period.

    First off, the priest or pastor who married them, who is supposed to assure the two parties understand what they are doing,  would also need to be classified as not knowing what he was doing - something they'd all be offended by admitting.

    Next, St. Joseph was married to Our Lady when Our Lady was only 15 years old, granted that was Our Blessed Mother we're talking about but back then and for many centuries after, marrying so young and even younger was not uncommon.

    If there are exceptions at all, my guess is that it would have to do with some type of mental retardation in one or both of the parties - or perhaps they were both on some type of illegal drugs or so drunk they couldn't even function - but in either case, the priest would be bound to not marry them at all.
    "But Peter and the apostles answering, said: We ought to obey God, rather than men." - Acts 5:29

    The Highest Principle in the Church: "We are first of all under obedience to God, and only then under obedience to man" - Fr. Hesse


    Offline Marlelar

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    Diriment Impediments in marriage
    « Reply #2 on: November 12, 2014, 02:36:56 PM »
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  • No one EVER knows what they are getting into when they get married!  Problems always arise after a few weeks, or months, or years.  The problem is that we now think marriage should be all sweet and easy, when in fact it can be bitter and disappointing.

    I think that is why God "invented" children - to keep a couple together once they realized the truth about how difficult it is to forge a future together.  

    That worked quite well until the invention of the Nanny State,  the Daddy State, and the Husband State which promised to support fatherless children and husband-less women womb to tomb.

    Marsha

    Offline Stubborn

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    Diriment Impediments in marriage
    « Reply #3 on: November 12, 2014, 04:22:43 PM »
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  • Aside from all that, diriment impediments are there so the couple does not get married in the first place, but there are different diriment impediments and some  do not always automatically render a marriage null.  

    The pope can and will grant a dispensation after the couple is already married if possible. Unlike the NO, the Church strives to find ways to preserve the marriage, not find excuses to issue an annulment.  
    "But Peter and the apostles answering, said: We ought to obey God, rather than men." - Acts 5:29

    The Highest Principle in the Church: "We are first of all under obedience to God, and only then under obedience to man" - Fr. Hesse

    Offline poche

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    Diriment Impediments in marriage
    « Reply #4 on: November 13, 2014, 10:52:31 PM »
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  • From the Code of Canon Law;

    DIRIMENT IMPEDIMENTS IN GENERAL

    Can.  1073 A diriment impediment renders a person unqualified to contract marriage validly.

    Can.  1074 An impediment which can be proven in the external forum is considered to be public; otherwise it is occult.

    Can.  1075 §1. It is only for the supreme authority of the Church to declare authentically when divine law prohibits or nullifies marriage.

    §2. Only the supreme authority has the right to establish other impediments for the baptized.

    Can.  1076 A custom which introduces a new impediment or is contrary to existing impediments is reprobated.

    Can.  1077 §1. In a special case, the local ordinary can prohibit marriage for his own subjects residing anywhere and for all actually present in his own territory but only for a time, for a grave cause, and for as long as the cause continues.

    §2. Only the supreme authority of the Church can add a nullifying clause to a prohibition.

    Can.  1078 §1. The local ordinary can dispense his own subjects residing anywhere and all actually present in his own territory from all impediments of ecclesiastical law except those whose dispensation is reserved to the Apostolic See.

    §2. Impediments whose dispensation is reserved to the Apostolic See are:

    1/ the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right;

    2/ the impediment of crime mentioned in ⇒ can. 1090.

    §3. A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line.

    Can.  1079 §1. In urgent danger of death, the local ordinary can dispense his own subjects residing anywhere and all actually present in his territory both from the form to be observed in the celebration of marriage and from each and every impediment of ecclesiastical law, whether public or occult, except the impediment arising from the sacred order of presbyterate.

    §2. In the same circuмstances mentioned in §1, but only for cases in which the local ordinary cannot be reached, the pastor, the properly delegated sacred minister, and the priest or deacon who assists at marriage according to the norm of ⇒ can. 1116, §2 possess the same power of dispensing.

    §3. In danger of death a confessor possesses the power of dispensing from occult impediments for the internal forum, whether within or outside the act of sacramental confession.

    §4. In the case mentioned in §2, the local ordinary is not considered accessible if he can be reached only through telegraph or telephone.

    Can.  1080 §1. Whenever an impediment is discovered after everything has already been prepared for the wedding, and the marriage cannot be delayed without probable danger of grave harm until a dispensation is obtained from the competent authority, the local ordinary and, provided that the case is occult, all those mentioned in ⇒ can. 1079, §§2-3 when the conditions prescribed therein have been observed possess the power of dispensing from all impediments except those mentioned in ⇒ can. 1078, §2, n. 1.

    §2. This power is valid even to convalidate a marriage if there is the same danger in delay and there is insufficient time to make recourse to the Apostolic See or to the local ordinary concerning impediments from which he is able to dispense.

    Can.  1081 The pastor or the priest or deacon mentioned in ⇒ can. 1079, §2 is to notify the local ordinary immediately about a dispensation granted for the external forum; it is also to be noted in the marriage register.

    Can.  1082 Unless a rescript of the Penitentiary provides otherwise, a dispensation from an occult impediment granted in the non-sacramental internal forum is to be noted in a book which must be kept in the secret archive of the curia; no other dispensation for the external forum is necessary if afterwards the occult impediment becomes public.


    http://www.vatican.va/archive/ENG1104/__P3X.HTM



    Offline poche

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    Diriment Impediments in marriage
    « Reply #5 on: November 13, 2014, 10:53:40 PM »
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  • More from the Code of Canon Law;

    CHAPTER III.

    SPECIFIC DIRIMENT IMPEDIMENTS

    Can.  1083 §1. A man before he has completed his sixteenth year of age and a woman before she has completed her fourteenth year of age cannot enter into a valid marriage.

    §2. The conference of bishops is free to establish a higher age for the licit celebration of marriage.

    Can.  1084 §1. Antecedent and perpetual impotence to have intercourse, whether on the part of the man or the woman, whether absolute or relative, nullifies marriage by its very nature.

    §2. If the impediment of impotence is doubtful, whether by a doubt about the law or a doubt about a fact, a marriage must not be impeded nor, while the doubt remains, declared null.

    §3. Sterility neither prohibits nor nullifies marriage, without prejudice to the prescript of ⇒ can. 1098.

    Can.  1085 §1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage.

    §2. Even if the prior marriage is invalid or dissolved for any reason, it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is established legitimately and certainly.

    Can.  1086 §1. A marriage between two persons, one of whom has been baptized in the Catholic Church or received into it and has not defected from it by a formal act and the other of whom is not baptized, is invalid.

    §2. A person is not to be dispensed from this impediment unless the conditions mentioned in cann. ⇒ 1125 and ⇒ 1126 have been fulfilled.

    §3. If at the time the marriage was contracted one party was commonly held to have been baptized or the baptism was doubtful, the validity of the marriage must be presumed according to the norm of ⇒ can. 1060 until it is proven with certainty that one party was baptized but the other was not.

    Can.  1087 Those in sacred orders invalidly attempt marriage.

    Can.  1088 Those bound by a public perpetual vow of chastity in a religious institute invalidly attempt marriage.

    Can.  1089 No marriage can exist between a man and a woman who has been abducted or at least detained with a view of contracting marriage with her unless the woman chooses marriage of her own accord after she has been separated from the captor and established in a safe and free place.

    Can.  1090 §1. Anyone who with a view to entering marriage with a certain person has brought about the death of that person’s spouse or of one’s own spouse invalidly attempts this marriage.

    §2. Those who have brought about the death of a spouse by mutual physical or moral cooperation also invalidly attempt a marriage together.

    Can.  1091 §1. In the direct line of consanguinity marriage is invalid between all ancestors and descendants, both legitimate and natural.

    §2. In the collateral line marriage is invalid up to and including the fourth degree.

    §3. The impediment of consanguinity is not multiplied.

    §4. A marriage is never permitted if doubt exists whether the partners are related by consanguinity in any degree of the direct line or in the second degree of the collateral line.

    Can.  1092 Affinity in the direct line in any degree invalidates a marriage.

    Can.  1093 The impediment of public propriety arises from an invalid marriage after the establishment of common life or from notorious or public concubinage. It nullifies marriage in the first degree of the direct line between the man and the blood relatives of the woman, and vice versa.

    Can.  1094 Those who are related in the direct line or in the second degree of the collateral line by a legal relationship arising from adoption cannot contract marriage together validly.




    http://www.vatican.va/archive/ENG1104/__P3Y.HTM

    Offline Disputaciones

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    Diriment Impediments in marriage
    « Reply #6 on: November 14, 2014, 12:57:20 PM »
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  • Yes poche, and as you can see nowhere is there any mention of alleged immaturity or the like.