Ligamen
Ligamen or vinculum is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.[1]
Definition
Ligamen comes from the Latin word meaning "bond". Marriage forms a bond between the parties; this may be considered primarily a metaphysical or ontological bond which cannot be dissolved, or primarily a moral bond of obligation which should not be dissolved. Whether and to what degree the same bond is present in natural marriages as in sacramental marriages is a matter of dispute among Catholic theologians.[1]
The existence of a valid marriage at the moment of forming a second implies the invalidity of the latter.
If one of the parties of a divorced couple (the Petitioner) then wishes to enter into a sacramental marriage with a third party and can show that his/her former spouse (the Respondent) was already married to someone else (the Co-Respondent) who was alive at the time of the wedding between the Respondent and the Plaintiff, and that the Church had not declared the first marriage null, Respondent's first marriage is presumed valid. The Petitioner may then file a Ligamen request for a determination that Respondent/Petitioner marriage was invalid since the Respondent had an existing prior marriage bond.[2]
A putative marriage must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid.
Should the Respondent/Petitioner marriage have been contracted in good faith, if only by the Partitioner, and yet the marriage is invalid, the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the invalid marriage would still be a putative marriage. Once the Co-Respondent dies, the later marriage may be established. Should the Petitioner demand it, the Respondent is then bound to contract marriage validly.
Since monogamy and the indissolubility of marriage are founded on natural law, ligamen is binding on non-Catholics and on the unbaptized. If an unbaptized person living in polygamy becomes a Christian, he must keep the wife he had first married and release the second, in case the first wife is converted with him. Otherwise, by virtue of the "Pauline privilege", the converted husband may choose one of his wives who allows herself to be baptized.
See also
From the 1913 Catholic Encyclopedia
Ligamen — (Lat. for bond).
The existing marriage tie which constitutes in canon law a public impediment to the contracting of a second marriage. As marriage is monogamous and indissoluble, it follows that one who is still united in valid marriage cannot contract another valid marriage (Matt., v, 31 sq., xix, 4 sqq.; Mark, x, 11 sq.; Luke, xvi, 18; I Cor., vii, 10 sq.). The existence of a previous valid marriage at the moment of contracting a second entails of itself the invalidity of the latter. The Church enforces the law that no one can contract two or more marriages at the same time. Protestantism on the contrary does not take this stand as is shown, among other cases, by the action of Luther and other reformers in the case of the double marriage of the Landgrave Philip of Hesse (Janssen, "History of the German People at the close of the Middle Ages", VI (tr. London, 1908), book II, xii, 75 sqq.; Rockwell, "Die Doppelehe des Landgrafen Philipp von Hessen" (Marburg, 1904); Paulus, "Cajetan and Luther über die Polygamie" in "Historisch-politische Blatter:, CXXXV, 81 sqq.; Köhler, "Die Doppelehe des Landgrafen Philipp von Hessen" in "Historische Zeitschrift", XCIV, 385 sqq.). Hence he who has already contracted a marriage, in order to proceed legally with another, must prove that the first marriage tie (ligamen) no longer exists. Since marriage, apart from "matrimonium ratum" which is dissolved for one party by religious profession, is regularly dissolved by death alone, proof of this death must be established before the second marriage can validly be contracted (C. 19, X, de sponsal., IV, 1).
The proof of death required is either an official death certificate, issued by the parish priest or other authorized ecclesiastic, or by the proper civil official, the directors of hospitals, the military commanding officer, or satisfactory evidence from other public records and reports. The decision of a secular judge supported by a death certificate cannot ipso facto decide the question for the ecclesiastical authorities; they may, however, utilize the same. Death may be proved by two credible witnesses on their oath; by one witness of such rank or character that he is above suspicion; by hearsay witnesses, if their statements originate from unsuspected sources. Should such credible evidence be unattainable directly, and from ecclesiastical sources, the bishop should try as far as possible to obtain at least a moral certainty regarding the position of the contracting parties. He ought also to consider the previous marital relations of the missing party, his religious attitude, age, health, property relations with the surviving spouse, etc.
Should the bishop be unable to obtain moral certainty or should the case be extraordinary, appeal must be made to the Apostolic See (C. 8, X, qui filii sint legit., IV, 17; Cong. S. Off., 13, Mai, 1868, i.e. the "Instructio ad probandum obitum alicuius coniugis"; Sac. Cong. Inq., 18 Juli, 1900). Whoever, in spite of the certainty of an existing marriage, attempts to contract a second, commits an act juridically null and void, is guilty of the sin of bigamy, incurs the ecclesiastical penalty of infamy, and is excommunicated with a consequent refusal of the sacraments and Christian burial. Should it prove, however, that in fact the first marriage at the time of contracting the second, was really dissolved, then the second, despite bad faith, would be valid. Should the second marriage have been contracted in good faith, if only by one party, and it subsequently appear that the first spouse still lived, then the second marriage would not only be invalid but the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the second and invalid marriage would enjoy the advantage of being putative marriage (C. 8, X, qui filii sint legit., IV, 17). This second marriage, though illegal during the lifetime of the first spouse, may be validly contracted after his or her death; indeed, should the party who acted bona fide demand it, the guilty one is then bound to contract marriage validly with the petitioner.
Since monogamy and the indissolubility of marriage are founded on the natural law, this impediment of ligamen is binding also on non-Catholics and on the unbaptized. If an unbaptized person living in polygamy becomes a Christian, he must keep the wife he had first married and release the second, in case the first wife is converted with him. Otherwise, by virtue of the "Pauline privilege", the converted husband may choose that one of his wives who allows herself to be baptized (C. 8, X, de divort., IV, 19, Pius V, "Romani Pontificis", 2 Aug., 1571; Gregory XIII, "Populis ac nationibus", 25 Jan, 1585). Polygamy is likewise forbidden by the civil law, though it is much more indulgent than the Church in the dissolving of marriages and granting divorces, and often permits a new marriage where the first marriage still exists. In this matter Catholics must not follow the civil law where it conflicts with the law of the Church.
WERNZ, Jus decretalium, IV (Rome, 1904), 520 sqq.; LAURENTIUS, Institutiones juris ecclesiastici (Freiburg, 1908), n. 626 sqq.; PAULI, Archiv für katholisches Kirchenrecht, LXXXVIII, 273 sqq.; SMITH, Elements of Ecclesiastical Law (New York, 1877-89).
References
- Back to citation occurrence 1.0 Back to citation occurrence 1.1 MacQuarrie, John (May 1975). "The Nature of the Marriage Bond". Theology. 78 (659): 230–236. doi:10.1177/0040571X7507800503. Retrieved 25 January 2024.
- Back to citation ""Introductory Procedure for Ligamen (Previous Bond) Case", Roman Catholic Archdiocese for the Military Services" (PDF). Archived from the original (PDF) on 2016-10-07. Retrieved 2016-04-22.