Advice - Family Member's Marriage
#6
(09-29-2019, 07:57 PM)Paul Wrote:
(09-29-2019, 03:24 PM)MagisterMusicae Wrote: The Canons used to allow those who had formally left the Church to validly marry outside the Church. Since 2009 that has not be the cases. Once someone has been Baptized in the Catholic Church or received into the Catholic Church he is always a Catholic, and is bound to marry only according to the laws of the Church.

Why was this changed? Seems to me that someone's who's no longer a practising Catholic isn't going to care about the Church's rules anyway, and saying that his marriage will be invalid will just cause him to think it's yet another stupid rule and drive him further away, plus make him guilty of fornication. I suppose if such a person does come back, it's an easy annulment if things didn't work out in the meantime.

Well, if my understanding is correct, the couple can request a “radical sanation”, which is essentially the Church retroactively blessing the invalid marriage from the time of the original exchange of vows, therefore making it valid.

CAN. 1161
RADICAL SANATION (Canons 1161 - 1165)
§1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, which is granted by competent authority and entails the dispensation from an impediment, if there is one, and from canonical form, if it was not observed, and the retroactivity of canonical effects.
§2. Convalidation occurs at the moment of the granting of the favor. Retroactively, however, it is understood to extend to the moment of the celebration of the marriage unless other provision is expressly made.
§3. A radical sanation is not to be granted unless it is probable that the parties wish to persevere in conjugal life.
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Messages In This Thread
Advice - Family Member's Marriage - by Stalwart - 09-23-2019, 04:12 AM
RE: Advice - Family Member's Marriage - by Paul - 09-29-2019, 07:57 PM
RE: Advice - Family Member's Marriage - by FultonFan - 09-29-2019, 08:34 PM



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