Author Topic: What are "impediments dissolving marriage" (Read 1540 times)

Geremia · « **on:** September 28, 2014, 12:03:09 AM »

From the the 24th Session of the Council of Trent, Canon IV says:

Quote

Si quis dixerit, Ecclesiam non potuisse constituere impedimenta matrimonium dirimentia, vel in iis constituendis errasse: anathema sit.
If any one saith, that the Church could not establish impediments dissolving marriage; or, that she has erred in establishing them: let him be anathema.

"impedimenta matrimonium dirimentia" sounds like diriment impediment, yet those don't "dissolve marriage"…

TKGS · « **Reply #1 on:** September 28, 2014, 05:19:47 AM »

What is your point. Nothing "dissolves" a marriage. It either is or it is not from the beginning.

Pelly · « **Reply #2 on:** September 28, 2014, 08:29:54 AM »

These impediments invalidate the Sacrament. They can range from being underage to marrying with a godparent.

shin · « **Reply #3 on:** September 28, 2014, 08:32:51 AM »

matrimonium dirimentia

I've seen dirimentia translated as nullifying too, does that help?

Dolores · « **Reply #4 on:** September 28, 2014, 01:18:10 PM »

That is a clumsy translation, but it refers to impediments to marriage that make the Sacrament invalid (i.e. the marriage never occurred, not that it is dissolved later). I do not know all of the impediments to marriage off hand, but they include being too young, perpetual impotency, one party already being married, and one party being ordained or having taken a vow of chastity.

Matthew · « **Reply #5 on:** September 28, 2014, 02:07:00 PM »

I know this is a common refrain on Trad message boards, but it needs to be said again:

If this affects you in any way (or someone you know), you/they really need to consult an actual, living, Traditional Catholic priest -- who has studied theology formally for years and has the graces of state.

Geremia · « **Reply #6 on:** September 28, 2014, 05:06:26 PM »

Quote from: Dolores

That is a clumsy translation

Yeah, that's what I thought. I'm familiar with "diriment impediments," but translating as "impediments dissolving marriage" makes it sound like it invalidates an already-existing marriage.

Geremia · « **Reply #7 on:** September 28, 2014, 05:07:40 PM »

Quote from: Matthew

I know this is a common refrain on Trad message boards, but it needs to be said again:

If this affects you in any way (or someone you know), you/they really need to consult an actual, living, Traditional Catholic priest -- who has studied theology formally for years and has the graces of state.

It doesn't affect me; I just wanted to know what that beautiful docuмent on Matrimony from Trent is talking about. It sounds like it's just "diriment impediments."

Geremia · « **Reply #8 on:** September 28, 2014, 05:10:57 PM »

Quote from: TKGS

What is your point. Nothing "dissolves" a marriage. It either is or it is not from the beginning.

Indeed, but the Latin verb used in Trent is "dirimere", which can mean "dissolve."

poche · « **Reply #9 on:** September 28, 2014, 10:36:36 PM »

From the cod eof Canon Law;

CHAPTER II.

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

poche · « **Reply #10 on:** September 28, 2014, 10:41:12 PM »

Here is more on impediments from the code of Cacnon 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

poche · « **Reply #11 on:** September 28, 2014, 10:43:59 PM »

Here is more from the Code of Caon Law.

CHAPTER IV.

MATRIMONIAL CONSENT

Can. 1095 The following are incapable of contracting marriage:

1/ those who lack the sufficient use of reason;

2/ those who suVer from a grave defect of discretion of judgment concerning the essential matrimonial rights and duties mutually to be handed over and accepted;

3/ those who are not able to assume the essential obligations of marriage for causes of a psychic nature.

Can. 1096 §1. For matrimonial consent to exist, the contracting parties must be at least not ignorant that marriage is a permanent partnership between a man and a woman ordered to the procreation of offspring by means of some sɛҳuąƖ cooperation.

§2. This ignorance is not presumed after puberty.

Can. 1097 §1. Error concerning the person renders a marriage invalid.

§2. Error concerning a quality of the person does not render a marriage invalid even if it is the cause for the contract, unless this quality is directly and principally intended.

Can. 1098 A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life.

Can. 1099 Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will.

Can. 1100 The knowledge or opinion of the nullity of a marriage does not necessarily exclude matrimonial consent.

Can. 1101 §1. The internal consent of the mind is presumed to conform to the words and signs used in celebrating the marriage.

§2. If, however, either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly.

Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly.

§2. A marriage entered into subject to a condition about the past or the present is valid or not insofar as that which is subject to the condition exists or not.

§3. The condition mentioned in §2, however, cannot be placed licitly without the written permission of the local ordinary.

Can. 1103 A marriage is invalid if entered into because of force or grave fear from without, even if unintentionally inflicted, so that a person is compelled to choose marriage in order to be free from it.

Can. 1104 §1. To contract a marriage validly the contracting parties must be present together, either in person or by proxy.

§2. Those being married are to express matrimonial consent in words or, if they cannot speak, through equivalent signs.

Can. 1105 §1. To enter into a marriage validly by proxy it is required that:

1/ there is a special mandate to contract with a specific person;

2/ the proxy is designated by the one mandating and fulfills this function personally.

§2. To be valid the mandate must be signed by the one mandating and by the pastor or ordinary of the place where the mandate is given, or by a priest delegated by either of them, or at least by two witnesses, or it must be made by means of a docuмent which is authentic according to the norm of civil law.

§3. If the one mandating cannot write, this is to be noted in the mandate itself and another witness is to be added who also signs the docuмent; otherwise, the mandate is invalid.

§4. If the one mandating revokes the mandate or develops amentia before the proxy contracts in his or her name, the marriage is invalid even if the proxy or the other contracting party does not know this.

Can. 1106 A marriage can be contracted through an interpreter; the pastor is not to assist at it, however, unless he is certain of the trustworthiness of the interpreter.

Can. 1107 Even if a marriage was entered into invalidly by reason of an impediment or a defect of form, the consent given is presumed to persist until its revocation is established.

http://www.vatican.va/archive/ENG1104/__P3Z.HTM

poche · « **Reply #12 on:** September 28, 2014, 10:48:05 PM »

Here is more from the Code of Canon Law;

CHAPTER V.

THE FORM OF THE CELEBRATION OF MARRIAGE

Can. 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127, §§1-2.

§2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.

Can. 1109 Unless the local ordinary and pastor have been excommunicated, interdicted, or suspended from office or declared such through a sentence or decree, by virtue of their office and within the confines of their territory they assist validly at the marriages not only of their subjects but also of those who are not their subjects provided that one of them is of the Latin rite.

Can. 1110 By virtue of office, a personal ordinary and a personal pastor assist validly only at marriages where at least one of the parties is a subject within the confines of their jurisdiction.

Can. 1111 §1. As long as they hold office validly, the local ordinary and the pastor can delegate to priests and deacons the faculty, even a general one, of assisting at marriages within the limits of their territory.

§2. To be valid, the delegation of the faculty to assist at marriages must be given to specific persons expressly.

If it concerns special delegation, it must be given for a specific marriage; if it concerns general delegation, it must be given in writing.

Can. 1112 §1. Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons to assist at marriages, with the previous favorable vote of the conference of bishops and after he has obtained the permission of the Holy See.

§2. A suitable lay person is to be selected, who is capable of giving instruction to those preparing to be married and able to perform the matrimonial liturgy properly.

Can. 1113 Before special delegation is granted, all those things which the law has established to prove free status are to be fulfilled.

Can. 1114 The person assisting at marriage acts illicitly unless the person has made certain of the free status of the contracting parties according to the norm of law and, if possible, of the permission of the pastor whenever the person assists in virtue of general delegation.

Can. 1115 Marriages are to be celebrated in a parish where either of the contracting parties has a domicile, quasidomicile, or month long residence or, if it concerns transients, in the parish where they actually reside. With the permission of the proper ordinary or proper pastor, marriages can be celebrated elsewhere.

Can. 1116 §1. If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only:

1/ in danger of death;

2/ outside the danger of death provided that it is prudently foreseen that the situation will continue for a month.

§2. In either case, if some other priest or deacon who can be present is available, he must be called and be present at the celebration of the marriage together with the witnesses, without prejudice to the validity of the marriage before witnesses only.

Can. 1117 The form established above must be observed if at least one of the parties contracting marriage was baptized in the Catholic Church or received into it and has not defected from it by a formal act, without prejudice to the prescripts of ⇒ can. 1127, §2.

Can. 1118 §1. A marriage between Catholics or between a Catholic party and a non-Catholic baptized party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the permission of the local ordinary or pastor.

§2. The local ordinary can permit a marriage to be celebrated in another suitable place.

§3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in another suitable place.

Can. 1119 Outside the case of necessity, the rites prescribed in the liturgical books approved by the Church or received by legitimate customs are to be observed in the celebration of a marriage.

Can. 1120 The conference of bishops can produce its own rite of marriage, to be reviewed by the Holy See, in keeping with the usages of places and peoples which are adapted to the Christian spirit; nevertheless, the law remains in effect that the person who assists at the marriage is present, asks for the manifestation of consent of the contracting parties, and receives it.

Can. 1121 §1. After a marriage has been celebrated, the pastor of the place of the celebration or the person who takes his place, even if neither assisted at the marriage, is to note as soon as possible in the marriage register the names of the spouses, the person who assisted, and the witnesses, and the place and date of the celebration of the marriage according to the method prescribed by the conference of bishops or the diocesan bishop.

§2. Whenever a marriage is contracted according to the norm of ⇒ can. 1116, a priest or deacon, if he was present at the celebration, or otherwise the witnesses in solidum with the contracting parties are bound to inform as soon as possible the pastor or local ordinary about the marriage entered into.

§3. For a marriage contracted with a dispensation from canonical form, the local ordinary who granted the dispensation is to take care that the dispensation and celebration are inscribed in the marriage registers of both the curia and the proper parish of the Catholic party whose pastor conducted the investigation about the free status. The Catholic spouse is bound to notify as soon as possible the same ordinary and pastor about the marriage celebrated and also to indicate the place of the celebration and the public form observed.

Can. 1122 §1. The contracted marriage is to be noted also in the baptismal registers in which the baptism of the spouses has been recorded.

§2. If a spouse did not contract marriage in the parish in which the person was baptized, the pastor of the place of the celebration is to send notice of the marriage which has been entered into as soon as possible to the pastor of the place of the conferral of baptism.

Can. 1123 Whenever a marriage is either convalidated in the external forum, declared null, or legitimately dissolved other than by death, the pastor of the place of the celebration of the marriage must be informed so that a notation is properly made in the marriage and baptismal registers.

http://www.vatican.va/archive/ENG1104/__P40.HTM

poche · « **Reply #13 on:** September 28, 2014, 10:49:34 PM »

Here is more from the Code of Canon Law;

CHAPTER VI.

MIXED MARRIAGES

Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.

Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:

1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;

2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;

3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.

Can. 1126 It is for the conference of bishops to establish the method in which these declarations and promises, which are always required, must be made and to define the manner in which they are to be established in the external forum and the non-Catholic party informed about them.

Can. 1127 §1. The prescripts of ⇒ can. 1108 are to be observed for the form to be used in a mixed marriage.

Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed.

§2. If grave diYculties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner.

§3. It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of §1. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties.

Can. 1128 Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life.

Can. 1129 The prescripts of cann. ⇒ 1127 and ⇒ 1128 must be applied also to marriages which the impediment of disparity of cult mentioned in ⇒ can. 1086, §1 impedes.

http://www.vatican.va/archive/ENG1104/__P41.HTM

TKGS · « **Reply #14 on:** September 29, 2014, 06:44:34 AM »

Quote from: Geremia

Quote from: TKGS
What is your point. Nothing "dissolves" a marriage. It either is or it is not from the beginning.
Indeed, but the Latin verb used in Trent is "dirimere", which can mean "dissolve."

But, obviously, in this context it does not.

This is why individuals should not attempt to fully understand finer points of doctrine by making word-for-word translations of Latin texts. Countless catechisms and countless sermons and countless writings by faithful Catholic saints and teachers have appeared since Trent and never do they treat this passage as being able to "dissolve" a valid marriage, so, even if the dictionary writers indicate that "dissolve" could be a proper translation for a particular word in a particular context, it is clearly not the one Holy Mother Church has ever considered in this context.

It is what the Modernists do when they suddenly declare a new "truth" by re-translating a passage of finding a new meaning in something that had always been condemned and then appealing to "antiquity", giving just a hint that maybe the Church didn't always teach something but, instead, developed a teaching according to Medieval historical circuмstances; thus declaring that it is time for the Church to "restore" the ancient teachings.