Marriage
Part 1 Introduction
Chapter 18 Glossary of Terms Relating to Marriage
Note: This is not a finished
page. This is a class project in progress for 12:535 Sacrament of Marriage
Please help me construct a "Glossary" of terms that you will need to know to
exercise your priestly ministry regarding the sacrament of marriage. I would
like to improve these definitions and to reference them to appropriate numbers
of the Catechism, and/or the Code of Canon Law where the
definition may be found. Your definitions and suggestions for this "Glossary"
are welcome at
webmaster2@tomrichstatter.org
Canonical form of marriage The "form" of Roman Catholic
marriage requires that the exchange of consent take place before a priest and
two witnesses for validity..
Conjugal living Living together as husband and
wife and having sexual intercourse.
Consanguinity / Affinity Consanguinity refers to "blood" relationship
(e.g. brother and sister, etc). Affinity refers to relationships brought about
by valid marriage (e.g. brother and sister-in-law). Canon law determines
the degrees of consanguinity and affinity which invalidate a marriage.
Convalidation is to convalidate a marriage which is
invalid because of a diriment impediment, it is required that the impediment
creases or is dispensed and that at least the party conscious of the impediment
renews consent.
Covenant is the bond, contract, or "testament" between
God and Israel in the Old Testament, and between God and the whole human
community in the New Testament, established by the blood of Christ.
Diriment impediment renders a person unqualified to
contract marriage validly. 1073.
Disparity of cult is marriage impediment of 1086 &
1129. Baptized Catholic marries an unbaptized person, requires a dispensation
otherwise the marriage is invalid.
Divorce is a legal separation of husband and
wife, or the release by civil authority from any one or more of the bonds of
matrimony between them.
Invalid marriage is a marriage tried or attempted by
those who lawfully or mentally can not give full consent and enter freely into
marriage. One or more of the parties has a diriment impediment.
Legitimate children are children
conceived or born of a valid or putative marriage.
Illegitimate children are children born before 180 days
after a wedding or after 300 days from the dissolution are illegitimate.
Legitimated children are illegitimate children are
legitimated by the subsequent valid or putative marriage of their parents or by
a rescript of the Holy see 1139.
Ligamen is Latin for bond. Ligamen (existence of
the bond of previous valid marriage) invalidates an attempted second marriage.
Marital Unity is an essential property of marriage,
which in Christian marriage obtains a special firmness by reason of the
sacrament.
Marital Indissolubility is an essential property of
marriage, which in Christian marriage obtains a special firmness by reason of
the sacrament.
Marriage is the sacrament by which a man and a woman
are united for whole of life in a covenantal relationship modeled on the union of Christ
and the Church.
Matrimonial Consent Matrimonial consent an act of the
will by which a person freely gives themselves in marriage to another,
exclusively and until death.
Mixed marriage (Interfaith marriage) is a marriage
between two baptized Christians, only one of whom is Roman Catholic. (A
mixed marriage requires the permission of the local ordinary for liceity.)
Occult impediment An impediment which cannot be
proven in the external forum.
Pauline privilege The
principle which allows a convert to the Church to remarry if his or her
unbaptized spouse does not also become a Christian.
To the married I give this command--not I but the Lord--that
the wife should not separate from her husband (but if she does separate, let her
remain unmarried or else be reconciled to her husband), and that the husband
should not divorce his wife. To the rest I say--I and not the Lord--that if any
believer has a wife who is an unbeliever, and she consents to live with him, he
should not divorce her. And if any woman has a husband who is an unbeliever, and
he consents to live with her, she should not divorce him. For the unbelieving
husband is made holy through his wife, and the unbelieving wife is made holy
through her husband. Otherwise, your children would be unclean, but as it is,
they are holy. But if the unbelieving partner separates, let it be so; in such a
case the brother or sister is not bound. It is to peace that God has called you.
Wife, for all you know, you might save your husband. Husband, for all you know,
you might save your wife. (1 Corinthians 7:10-16 NRSV)
Privilege of the Faith possesses favor of the law in a
doubtful matter concerning dissolution of marriage 1150.
Public impediment is an impediment which can be proven
in the external forum. otherwise it is occult. 1074-a
public impediment can be dispensed in danger of death 1079.
Putative marriage A marriage in which at least one of
the marriage partners believed the marriage to be valid even though it was later
proven invalid.
Radical Sanation 1161-Code The radical Sanation of an
invalid marriage is its convalidation without the renewal for consent, which is
granted by ecclesial 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.
Ratum tantum / ratum et consumatum is a valid marriage
between the baptized. Valid marriage between the baptized and not yet
consummated. Valid marriage between parties who have performed between
themselves the conjugal act in a human fashion which can be dissolved by no
human power and by no cause, except death.
Secret Marriage for a grave and urgent cause, the local
ordinary can permit a marriage to be celebrated in secret. 1130. Investigations
are done in secret as well as the ceremony and the couple agrees to keep the
marriage a secret. If there is the possibility of grave scandal or harm to the
holiness of marriage, the observance of the secret is not to be held by the
ordinary and the couple is to be told.1132.
Separation is usually done when one spouse has
committed an act that disrupts conjugal living. An innocent spouse has the right
to sever conjugal relations but should be encouraged to forgive out of Christian
charity.
Simple convalidation is to convalidate a marriage which
is invalid because of a diriment impediment, it is required that the impediment
ceases or is dispensed and that at least the party conscious of the impediment
renews consent.
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© Copyright: Tom Richstatter, Franciscan Province
of St. John the Baptist, Cincinnati Ohio, Order of Friars Minor. All Rights
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