Validation of marriage
The validate your marriage is to order by the Roman Catholic canon law, a way of marriages that were invalid closed or whose validity is doubtful.
Basically, three conditions must be fulfilled for the validity of a marriage:
At the time of marriage, if not eliminated due or a dispensiertes obstacle or a marriage will defect existed or if necessary formalities were not complied with, then no marriage has come to church law into existence.
The aim of the canonical Rather Genuine is to avoid invalid marriages. However, in practice it often happens that subsequently prove to be shortcomings in the marriage or the validity of a marriage is doubtful. Measured against that marriage is a sacrament, is an invalid marriage is a serious disorder of the legal system that needs to be eliminated if possible. One possible way would be the separation of affected couples and the finding of nullity of marriage.
Primary but it is the goal of the Church to reach a Konvalidation ( validating ).
The marriage will of the spouses may be constitutive for the marriage. If this is not given, the invalid marriage can not be held valid.
A distinction should be basically two ways of validating in canon law:
- Convalidatio simplex, Simple validating ( cc. 1156-1160 CIC ): The valid -making act of the invalid married partners is set.
- Sanatio in radice, healing in the root ( cc. 1161-1165 CIC ): The validating is a sovereign act and by the competent authority (Holy See or the local ordinary ) set.
Furthermore, it is important that the plea is unrecoverable. If there is an unrecoverable basic obstacle, a Konvalidierung marriage is impossible. Unrecoverable obstacle reasons similar to those of a newly connected marriage. Fixed is the plea either by omission (eg, death of a spouse ), dispensation or change in the law. Passage of time ( eg lack of a minimum age ) may also be grounds for revocation behebar. In the event of a change in legislation and the associated discontinuation of concrete obstacle to marriages that were invalid under the former law, though not automatically valid, but a Konvalidation is possible.
Convalidatio simplex (Simple validating )
Be renewed When Convalidatio simplex must be a consensus. Either of both spouses or of the partner who has so far done no consensus ( c. 1159 § 1 CIC).
If only one of the spouses has knowledge of the obstacle, it is sufficient that the consensus is renewed private and secret of this ( c. 1158 § 2 CIC).
When provable lack of will or obstacles the canonical form of marriage must be adhered to in the consensus renewal. If the lack of will or the obstacle is not provable, just send an informal consensus renewal.
Sanatio in radice ( healing in the root)
The Sanatio in radice is a sovereign act of grace, without a consensus renewal is necessary. The normal way to make void marriages later is valid, the Convalidatio simplex. The Sanatio in radice should be the exception if the Convalidatio simplex or not is very difficult.
In three canons ( cc. 1161-1163 CIC ) emphasizes that a cure in the root is only possible if the marriage will and consensus of both partners ( continue ) is given. This is obviously on c. 1057 § 1 CIC reference is made, after which the consensus can be replaced by any human power. That is, similar to the Convalidatio simplex, that it is not possible to make a marriage valid without the partners want this (yet).
Is not necessary that the marriage will have at the moment was fine when he was declared as part of the wedding celebration. It is sufficient that it is given at the time of healing.
If before validating the marriage yet another added to the original marriage plea, both must be addressed to ensure that a valid marriage can occur. Is not possible to resolve the later encountered the obstacle, then the marriage is not sanierbar.
The marriage healing in the root brings the dispensation of an impediment to marriage or the shape of duty with them. ( It should be noted at this point that the church after c. CIC 85 can dispense only of purely ecclesiastical laws and thus not of marriage obstacles of natural law or divine law. )
Example: If a married deacon discovered only after his consecration, that his marriage is invalid, the first is validating the obstacle of consecration contrary ( c. 1087 CIC); with the Sanatio course the dispensation is given by this obstacle.
Application for Sanatio, page 2
A validating Mixed marriage is only possible if the in c. 1125 required conditions are met.