Diriment Impediments

Diriment ImpedimentsWhat is a diriment impediment?Can. 1073 states that Adirimentimpedimentrendersaperson unqualifiedtocontractmarriagevalidly.Wikipedia also defines it as a legal obstacle that prevents asacramentfrom being performed validly and/or licitlyPlacing it in the context of marriage therefore, a diriment impediment is something that renders marriage void or disqualifies a person from marriage

Specific Diriment Impediments1.AgeCan.10831. Amanbefore he hascompletedhissixteenthyearofageand awomanbefore she hascompletedherfourteenthyearofagecannotenterinto avalidmarriage.2. Theconferenceofbishopsisfreeto establisha higheragefor thelicitcelebrationofmarriage.In the Philippines, the Family code has raised the minimum marriageable age to 18 (with consent from 18-21 years)

2.Impotence or incapability to consummateCan.10841.Antecedentandperpetualimpotenceto haveintercourse, whether on thepartof themanor thewoman, whetherabsoluteorrelative,nullifiesmarriageby its verynature.2. If theimpedimentofimpotenceisdoubtful, whether by adoubtabout thelawor adoubtabout afact, amarriagemust not beimpedednor, while thedoubtremains,declarednull.Sterility, however, does not keep a person from marrying nor renders a marriage null and Void (3)

3.Prior marriageCan.10851. Apersonboundby thebondof apriormarriage, even if it was notconsummated,invalidlyattemptsmarriage2. Even if thepriormarriageisinvalidordissolvedfor anyreason, it is not on thataccountpermittedtocontractanother before thenullityordissolutionof thepriormarriageisestablishedlegitimatelyandcertainly.

Disparity of CultMarriage involving a Catholic and Non-CatholicCan.10861. Amarriagebetweentwopersons, one of whom has beenbaptizedin theCatholicChurchorreceivedinto it and has notdefectedfrom it by aformalactand the other of whom is notbaptized, isinvalid.2. Apersonis not to bedispensedfrom thisimpedimentunless theconditionsmentionedincann.1125and1126have beenfulfilled.

Disparity of Cult(Marriage involving a Catholic and Non-Catholic)Can.1086If at thetimethemarriagewascontractedonepartywascommonlyheldto have beenbaptizedor thebaptismwasdoubtful, thevalidityof themarriagemust bepresumedaccording to thenormofcan.1060until it isprovenwithcertaintythat onepartywasbaptizedbut the other was not.Can.1060Marriagepossessesthefavoroflaw; therefore, in acaseofdoubt, thevalidityof amarriagemust beuphelduntil thecontraryisproven.

Exceptions to Canon 1086Can.1125Thelocalordinarycangrantapermissionof thiskindif there is ajustandreasonablecause. He is not tograntit unless thefollowingconditionshave beenfulfilled:1/ theCatholicpartyis todeclarethat he or she ispreparedtoremovedangersofdefectingfrom thefaithand is to make asincerepromiseto do all in his or herpowerso that alloffspringarebaptizedandbroughtup in theCatholicChurch;2/ the otherpartyis to beinformedat anappropriatetimeabout thepromiseswhich theCatholicpartyis to make, in such awaythat it iscertainthat he or she istrulyawareof thepromiseandobligationof theCatholic party;3/ bothpartiesare to beinstructedabout thepurposesandessentialpropertiesofmarriagewhich neither of thecontractingpartiesis toexclude.

Sacred orders and Perpetual Vow of ChastityWhen one party is an ordained person or is vowedCan.1087Those insacredordersinvalidlyattemptmarriage.Can.1088Thoseboundby apublicperpetualvowofchastityin areligiousinstituteinvalidlyattempt marriage.

AbductionCan.1089Nomarriagecanexistbetween amanand awomanwho has beenabductedor at leastdetainedwith aviewofcontractingmarriagewith her unless thewomanchoosesmarriageof her ownaccordafter she has beenseparatedfrom thecaptorandestablishedin asafeandfreeplace.

Crimen (Conspiracy to marry by killing spouse)Canon 1090.1 One who, with a view to entering marriage with a particular person, has killed that person's spouse, or his or her own spouse, invalidly attempts this marriage.Canon 1090.2 They also invalidly attempt marriage with each other who, by mutual physical or moral action, brought about the death of either's spouse.

ConsanguinityCanon 1091.1 Marriage is invalid between those related by consanguinity in all degrees of the direct line, whether ascending or descending, legitimate or natural.Canon 1091.2 In the collateral line, it is invalid up to the fourth degree inclusive.Canon 1091.3 The impediment of consanguinity is not multiplied.Canon 1091.4 A marriage is never to be permitted if a doubt exists as to whether the parties are related by consanguinity in any degree of the direct line, or in the second degree of the collateral line.

AffinityCanon 1092 Affinity in any degree of the direct line invalidates marriage.

Public ProprietyCanon 1093 The impediment of public propriety arises when a couple live together after an invalid marriage, or from a notorious or public concubinage. It invalidates marriage in the first degree of the direct line between the man and those related by consanguinity to the woman, and vice versa.Adoption(related by)Canon 1094 Those who are legally related by reason of adoption cannot validly marry each other if their relationship is in the direct line or in the second degree of the collateral line.

Who has the right to make diriment impediments and declare when marriage is invalidated by by divine law?Can.10751. It is only for thesupremeauthorityof theChurchtodeclareauthenticallywhendivinelawprohibitsornullifiesmarriage.2. Only thesupremeauthorityhas therighttoestablishotherimpedimentsfor thebaptized.Who can dispense couples of diriment impedimentsCanon 1078.1 The local Ordinary can dispense his own subjects wherever they are residing, and all who are actually present in his territory, from all impediments of ecclesiastical law, except for those whose dispensation is reserved to the Apostolic See.Reserved to the apostolic seeCanon 1078.2 The impediments whose dispensation is reserved to the Apostolic See are:Canon 1078.2.1 the impediment arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical rightCanon 1078.2.2 the impediment of crime mentioned in canon 1090.Canon 1078.3 A dispensation is never given from the impediment of consanguinity in the direct line or in the second degree of the collateral line.