168. Dispensations From Matrimonial Impediments

The contracting parties should go before the priest for instruction before a planned marriage. Should there be any impediment, arrangements should be made for a dispensation. This should be done at least a month before the ceremony, to allow time for the marriage preparations.

Does the Church have the authority to excuse or grant dispensations from all impediments?

— The Church does not have the authority to excuse or grant dispensations from all impediments; it can grant dispensations only from such impediments as arise from its own laws, but not from such as arise from divine or natural laws.

Impediments of the natural law, which is only part of the divine law, are unchangeable, and cannot be given any dispensation. An example is the marriage of parents and children, or of a married person whose spouse is still living.

1. Dispensations are granted when there is sufficient reason or need. The bishop and the parish priest have the authority to investigate each case.

Not all impediments are granted dispensation with equal ease. Prohibitive impediments are more easily granted dispensations than diriment ones. Very rarely can a dispensation be obtained from solemn vows or from major orders, when one of the contracting parties is unbaptised, or when the proposed marriage is between such close blood relations as uncle and niece, aunt and nephew.

2. In order to discourage unnecessary seeking after dispensations, a fee is required according to the petitioner's means. These fees help to maintain the matrimonial courts established to safeguard marriage.

Matrimonial dispensations are granted (a) in favour of a contemplated marriage, or (b) to legitimize one already contracted. The poor are granted dispensations without charge,

Does the Church forbid Catholics to contract marriage with non-Catholics?

— Yes; the Church does forbid Catholics to contract marriage with non-Catholics.

1. Such a marriage is called a "mixed marriage." The Church forbids mixed marriages because they often bring about family discord, loss of faith on the part of the Catholic, and neglect of the religious training of the children.

The Church strongly disapproves of mixed marriages. From its long experience, the Church knows that mixed marriages are rarely happy; they are opposed to the union and harmony that should exist between spouses. The Catholic is in danger of losing his or her faith. The non-Catholic is liable to a divorce and contract another marriage, whereas the Catholic is bound not to take a second partner until the first one dies. The proper training of the children becomes difficult; moreover, it is likely that the offspring from such unions grow up without proper religious instruction, and lose the Faith.

2. For mixed marriages, a dispensation is granted only for grave cause, and under the condition of a promise (as a rule, in writing): by the non-Catholic party not to endanger the faith of the Catholic; by the Catholic party to strive for the conversion of the non-Catholic by prayer and good example; and by both parties to have all children born of the marriage baptised and reared as true Catholics.

The divine law forbids mixed marriages as long as there is danger to the faith of the Catholic or of the offspring. This danger has to be removed before dispensation is granted: hence the definite and explicit promises required.

3. The Church shows its disapproval of mixed marriages even after a dispensation has been granted. Sacred functions, such as the Nuptial Mass and Blessing, are forbidden; the banns are not published. The bishop may permit some ceremonies.

The ceremony cannot take place in the church, but in the sacristy or convent, except with a very special permission from the bishop. Even with the permission, all vestments and blessings, as well as the Nuptial Mass, are omitted.

Does the Church allow Catholics to marry during Lent and Advent?

— The Church allows Catholics to marry during Lent and Advent, provided they do so quietly and without much ceremony; a Nuptial Mass is forbidden during these seasons.

1. It is an error to think that the Church prohibits the contracting of marriage on any day of the year. It merely prohibits celebrations or signs of rejoicing that do not harmonize with the spirit of the penitential seasons. A marriage may take place without the Nuptial Mass and blessing any day of the year.

It is forbidden to have the Nuptial Mass and blessing during the closed times which are seasons of penance; that is, from the first Sunday of Advent till Christmas Day inclusive, and from Ash Wednesday to Easter Sunday inclusive. This is what is meant by the prohibition to "solemnize" weddings.

2. Good Catholics should avoid setting the date of their marriage during the closed seasons of Advent and Lent, out of a desire to be united with the spirit of the Church. It is rather thoughtless to have worldly public celebrations at a period when Mother Church is in penitential garb. Besides, if Catholics realized the value and beauty of a Nuptial Mass, which is not said during the penitential seasons, they would hesitate to have it omitted for that memorable day of their marriage.

Even when, with a dispensation, the Nuptial Mass and Blessing are granted during the "closed seasons," still the occasion is supposed to be carried out quietly, without pompous celebrations: this, too many Christians violate in the form of grand receptions and dances in Advent and Lent.

When does the Church declare a marriage null?

— The Church declares a marriage null when, after detailed investigation, the facts prove that from the very beginning there had been no marriage; there had been no validity. Nullity declares that no marital bond had ever existed; this is not to be confounded with divorce, which is a juridical act cutting an existing and valid marital bond.

When a marriage is annulled, since therefore there has been no real matrimony, the parties to the invalid contract are set free to marry other partners; or they may regularize the marriage by a valid ceremony. When the Church annuls a marriage, declaring it invalid, the parties may apply for a civil divorce, with the permission of the ordinary.

What should Catholics do to prepare for a holy and happy marriage?

— To prepare for a holy and happy marriage. Catholics should: First, pray that God may direct their choice; Second, seek the advice of their parents and confessors; Third, practice the virtues, especially chastity; Fourth, frequently receive the sacraments of Penance and the Holy Eucharist.