1. Marriage, Divorce, and Annulment

2. What Makes marriage? Consent freely exchanged between two persons.
The Council of Trent (1545)
One of the 7 Sacraments
Canonical Form of Marriage
1917 Code of Canon Law
Primary and secondary end to marriage
Marriage as a contract
Mixed Marriages
Dispensation

3. Vatican II AND Gaudium et Spes
Characteristics of marriage – human, total, permanent, faithful, fruitful, and moral
Marriage as a covenant
Dispensations and Impediments
Premarital Preparation
Local norms and regulations

4. Four DOCTRINAL PRINCIPLES
1. A marriage between a baptized man and a baptized woman is a Sacrament.
Marriage is covenant of special nature
Marriage is a partnership of the whole life – communio and consortio
The purpose of the marriage partnership is for the good of spouses and the procreation and education of children.

5. The MATRIMONIAL CONSENT
Marriage Preparation Process
Pre-Nuptial Investigation
Moral certainty that the marriage will be valid and licit.
Exchange of consent
Prescribed Ritual
Consent is freely given – will, capacity, and knowledge
Two-fold action of the matrimonial consent – total gift of self to the other; total acceptance of the other.
The natural “right to marriage”

6. Who is bound by marriage church laws?
Catholics
Those who left the Church by a formal act
Observation of civil laws
NB: In the Church, marriage possesses the favor of the law. Every marriage is presumed valid unless proven otherwise.

7. Various kinds of Marriage – from canon law point of view
Ratified Only
Ratified and Consummated
Putative Marriage

8. Marriage norms in the usa
Sacramental Norms
Catholics ought to be Confirmed prior to Marriage (not a requirement)
Receive the Sacrament of Penance
Publication of Banns
Pre-Nuptial Investigation
Documentations
Dispensations from the norms or impediments

9. Marriages that must be referred to the local church officials (local Ordinary)
Marriage is transient
Marriage prohibited by civil law
Marriage requiring annulments
Someone who is hostile to the Faith
One who is excommunicated or a priest who is suspended
Minors (under 18)
Marriage by proxy

10. IMPEDIMENTS TO MARRIAGE
Impotence
Prior Bond
Disparity of Worship
Sacred Orders (Priests and Deacons)
Religious Vows
Abduction
Crime
Consanguinity/Relational Marriages
Affinity Relationships (In-Laws)
Public Propriety
Legal Relationship
Spiritual Relationship (Eastern Church)

11. Circumstances that can make a marriage null and invalid
Previously existing impediment
Lack or defect of canonical form
Defect of Consent

12. DISPENSATIONS Dispensation cannot be granted for
Impotence
Prior Bond
Consanguinity in the direct line
Who can grant dispensations?
Reserved to the Apostolic See (Pope or Roman authorities)
Local ordinary
Priest/Pastors
In danger of death…

13. ANNULMENTS Definitions Grounds for Annulment
Defect of Knowledge
Defect of Will
Defect of Capacity
Canonical Form of Marriage
Mixed Marriages
Separation of Spouses
Non Consummated marriage
Pauline Privilege
Petrine Privilige
Convalidation of Marriages