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Summary

Awhile back I posted asking what is involved in the convalidation of a marriage. I intend to post more on this in the coming days, but in the meantime here´s something from a section entitled, "Sanctifying."

E.3 Convalidation of Marriages

Situations exist where a couple believed they entered marriage but due to the existence of an impediment, defective consent, or lack of form their marriage is without juridical status in the Church. When a couple wishes to correct this situation, the Church is able to assist in the convalidation of the marriage. There are two ways this can be done. The first is simple convalidation, which can be handled by those authorized to . The second is sanatio in radice., which is undertaken by the diocesan bishop.

All those who officiate at a simple "convalidation" of a marriage are reminded that the code (c.1157) requires "a new act of the will ratifying the marriage that the party knows or thinks was null from the beginning". The jurisprudence which has developed to interpret this canon demands that those giving their consent in a simple convalidation clearly understand that the ceremony involves the making of the marriage. That is, they must understand that they are entering marriage with the convalidation ceremony and that prior to the convalidation ceremony there was no valid marriage. Failure to meet this criteria means that the simple convalidation is invalid as well. This is a difficult requirement to place on many couples, especially when disparity of cult or mixed religion is involved, as they usually perceive themselves to be married, with the convalidation only making their marriage "right" in the eyes of the Church.

Canonists recommend that simple convalidation be attempted with great care to ensure that the couple understands the situation and gives the new act of the will with the proper understanding of their relationship to that point. Where this can not be done with certitude, it is recommended that sanatio in radice be employed. There are some restriction with this second method of convalidation but as long as any impediments have ceased or been dispensed and it is clear that consent was given at some point and continues to operate, it is less subject to being invalid that simple convalidation

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7/21/2005 4:33:34 AM
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