Impediments to Marriage
Introduction — Definition of marriage impediments and terminology distinction
The Pope addresses the definition of “marriage impediments” as the reasons that prevent the marriage from being realized or cause it to be judged null, and distinguishes that from divorce which presupposes a complete marriage and then separation of the spouses.
Primary causes of annulment of marriage
He mentions that the existence of a prior marriage that is still valid, or a civil divorce for reasons not accepted by the Holy Bible and the Church, makes the subsequent marriage null in the Church’s view. He also cites permanent sexual incapacity (hermaphrodite, castrated, or other incapacity) as a cause for annulment if it existed before the marriage.
Coercion, fraud and disease
Marriages entered into under coercion — materially or morally — are considered null because marriage must be by the consent of both parties. Also, essential fraud (such as hiding virginity/non-virginity or another essential matter) may lead to annulment, provided intercourse was not continued after discovery. Contagious or serious disease present before marriage (sexually transmitted diseases like gonorrhea or other serious diseases) is a reason for annulment.
Insanity and religious difference
Permanent insanity before the contract is considered a barrier to annulment. Likewise, difference of religion or confession such that spiritual and practical agreement between spouses is lacking is considered a barrier or a matter requiring ecclesiastical consideration when contracting the marriage.
Kinship and affinity impediments
The Pope clarifies relying on Scripture texts (Leviticus and Gospel examples) to determine prohibitions of kinship: what becomes kin by marriage is counted as kin that prevents a subsequent marriage (for example a wife’s sister is considered as a real sister, or the mother-in-law is considered as a mother, and the like). He also explains cases preventing marriage of children who became siblings due to their parents’ marriage.
Age, age gap and ecclesiastical considerations
He mentions that age can be a cause for annulment if the woman is below the age of maturity, and refers to state laws (example Egypt) that prohibit marriage before age 18. As for a large age gap, that is a pastoral caution in some dioceses rather than a strict legal rule.
Spiritual and ecclesial conclusion
He emphasizes that the Church regards marriage as a sacrament and a new spiritual brotherhood, therefore it protects kinship and spiritual and bodily compatibility so that genealogical bonds are not distorted or families harmed. These laws are a spiritual and human protection to ensure the sanctity and integrity of the sacrament of marriage in church life.
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