To complete our inquiry concerning the essence of the Sacrament of Marriage, its matter and form, and its minister, we have still to mention a theory that was defended by a few jurists of the Middle Ages and has been revived by Dr. Jos. Freisen ("Geschichte des canonischen Eherechts", Tübingen, 1888). According to this marriage in the strict sense, and therefore marriage as a sacrament, is not accomplished until consummation of the marriage is added to the consent. It is the consummation, therefore, that constitutes the matter or the form. But as Freisen retracted this opinion which could not be harmonized with the Church's definitions, it is no longer of actual interest. This view was derived from the fact that marriage, according to Christ's command, is absolutely indissoluble. On the other hand, it is undeniably the teaching and practice of the Church that, in spite of mutual consent, marriage can be dissolved by religious profession or by the declaration of the pope; hence the conclusion seemed to be that there was no real marriage previous to the consummation, since admittedly neither religious profession nor papal declaration can afterwards effect a dissolution. The error lies in taking indissolubility in a sense that the Church has never held. In one case, it is true, according to earlier ecclesiastical law, the previous relation of mere espousal between man and woman became a lawful marriage (and therefore the Sacrament of Marriage), namely when a valid betrothal was followed by consummation. It was a legal presumption that in this case the betrothed parties wished to lessen the sinfulness of their action as much as possible, and therefore performed it with the intention of marriage and not of fornication. The efficient cause of the marriage contract, as well as of the sacrament, was even in this case the mutual intention of marriage, although expression was not given to it in the regular way. This legal presumption ceased on 5 Feb., 1892, by Decree of Leo XIII, as it had grown obsolete among the faithful and was no longer adapted to actual conditions.
First of all:
A marriage that is not consummated can be dissolved - not necessarily annulled.
You can't dissolve an invalid marriage.
Secondly, the validity of marriage can exist without its sacramental character.
LordPhan is extremely critical of other posters while showing a degree of ignorance and unwillingness to receive correction that is rather disturbing.
Topic: Correcting confusion about the validity of marriages (Read 553 times)