Marriage, Law and Sacrament

Practical Pastoral and Preprational Practices

Class 1

What is Marriage?

Can. 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

Can. 1056 The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness by reason of the sacrament.

The Definition by Law

Civil Marriage: Civil Contract◦ Two parties◦ Agreement on Terms◦ Can be broken◦ Civil Concerns

Money Property

The Matrimonial Covenant

Resembles a contract but differs◦ Between two persons and God◦ Terms not negotiable

Permanence Children Fidelity Mutual support

◦ If entered into properly disposed, non-breakable

The Matrimonial Covenant

Consent

Can. 1057 §1. The consent of the parties, legitimately manifested between persons qualified by law, makes marriage; no human power is able to supply this consent.

§2. Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage.

Definition of Consent

That which is freely given agreeing to enter into the marital covenant as it is set out by Jesus Christ and defined by Doctrine. ◦ GS, CIC, LG, Augustine, Thomas and others.

Must be freely willed Without impediment, withholding, or

coercion with the intent of entering into a marital life, fully giving oneself to the other. ◦ (what about arranged marriages ??)

Consent

What’s love got to do with it

NADA The intent is to enter into a married life,

consent does not necessitate love, only a willingness to take on those responsibilities of marriage and to intend to live as a spouse together with the other in this state of life in a human manner.

What’s Love Got to Do With It?

by which a man and a woman

Traditional Concerns of the State◦ Financial in nature◦ Concerned with property

Children treated as property◦ Inheritance ◦ The States Cut of the Action◦ Until recent political issues, not concerned with

gender, from ancient times forward.◦ Was not considered religious in nature

by which a man and a woman

Church State Issues◦ When the Church began to claim an interest in

marriage, civil government saw this as an infringement upon the state.

◦ Church maintained that the power of the state came from God, therefore the Church was the supreme authority.

by which a man and a woman

Church eventually sacramentalized marriage, and solidified the sacramentalization of marriage at the council of trent.

At that point the definition of the covenant solidified, and named man and woman using doctrinalizing biblical teaching.

Defined marriage as a covenant, that has contractual face.

by which a man and a woman

establish between themselves a partnership of the whole of life

Often mistaken for the permanence of marriage.◦ Instead speaks of the richer poorer, sharing life ◦ Speaks to the sharing of life in all its WHOLENESS◦ Spiritual and Physical◦ Free to marry◦ Willing and able to give one’s whole self to

another in a Human Manner: You’ll hear this a lot means with unimpeded and free

will.

establish between themselves a partnership of the whole of life

which is ordered by its nature to the good of the spouses

Continues and deepens the previous◦ Dignity of the Spouses◦ Unity Partnership Spousal Relationship

Two becoming one Communication Problem solving Sharing of emotions and feelings 50 /50 Growing together

which is ordered by its nature to the good of the spouses

Impediments

Those things that impede one from entering into matrimony◦ Some can be remedied / Ecclesiastical Law

Prior bond Release from Vows Excommunication

◦ Some cannot / Divine Law 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.

Impediments

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.

Impediments

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

Impediments

Impediments 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.

Impediments

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.

Impediments

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.

Impediments

Dispensations

A bending of the law,◦ Allowing that which is normally not allowed◦ Can only be used for those things that are man

made ecclesiastical law cannot be used for those things that are divine in nature: I.E. man and woman.

◦ Must be applied for and although usually granted there is no guarantee.

◦ May require certain documentation.◦ Must fall within the ordinary’s authority and

norms.

Dispensation

Class 2

and the procreation and education of offspring,

Openness to Children◦ Delay?

Education◦ To raise the children◦ Care for the children◦ To acknowledge the dignity of children

No neglect, abuse etc. ◦ To raise the children in the faith◦ To educate children as is the norm

and the procreation and education of offspring,

More importantly◦ The giving of one person to the other physically in

a total and human manner. Physical intimacy Emotional intimacy Total giving of one person to the other

◦ Together these bring about the good of children in a marriage.

and the procreation and education of offspring,

Sacramentality

The Sacramental Dignity of Marriage◦ Between God and the Couple◦ Only Sacrament administered by those receiving

it◦ Recognition of a growing grace, past, present and

future.◦ As all sacraments a Juridic Act: Public, Changes

one’s status in life, professed by vows before the representative of the Church who receives them as the alter Christus, and the Church

◦ Is there an Ontalogical type change?

has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

Sacrament of Service◦ Public◦ Service to each other◦ Witness is service to the world◦ Children and all other aspects of marriage in

society◦ Service by the unity of one to another to the

community◦ Has the ability to change the world as the person

changes.

has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

Difference between Validity and Sacramentality◦ For Sacramentality marriage must be consented

to by two baptized persons. ◦ All marriages are considered to be valid, only

those between two validly baptized persons sacramental.

◦ Others known as natural unions Coming from a natural law right of all persons to

marital state of life. ◦ Right of the sacrament.

§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

Can. 1056 The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness by reason of the sacrament.

Permanence Fidelity Unity

Pastoral Application

The importance of preparation◦ Testing: Most Use Focus

but if you can use Prepare and Enrich it is better◦ Don’t make the test just for the test

Use the results for the preparation◦ Currently in the Archdiocese

No Set Program per se Pastors have traditionally in Atlanta developed their

own prep programs. 6 mos prep is norm

Pastoral Application

Focus on Communication Issues Tools for Problem Solving What it means to be a spouse Dignity of the person Tools for communicating true selves Do they know who they are getting

◦ Psych, Medical, Financial, Emotional, Inlaws, Family of Origin, etc.

Pastoral Application

Can the parties know each other well enough to make a choice.

Do the parties have the capacity to know that they are in fact joining themselves to another person, to understand that person, and to take on the responsibilities of marriage?

Pastoral Application