Validation of marriage
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid.[1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent.[2][3] However, the children of a putative marriage are legitimate.[4]
Simple convalidation
If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation.[2]
"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."[5] "The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning."[6] "If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of can. 1127".[7]
Radical sanation
A bishop can give a dispensation to an impediment, giving the marriage retroactive validation called radical sanation or sanatio in radice (Latin: "healing in the root"). Some impediments can only be dispensed by the pope,[8] others may be dispensed by the diocesan bishop,[9] while others cannot be dispensed (consanguinity in the direct line or in the second degree of the collateral line).[10]
Sanatio in radice retroactively dispenses the impediment and makes a putative marriage valid from the time the sanatio is granted.[11] The sanatio validates a marriage by reason of a consent formerly given, but ineffective because of an impediment.[11] When the impediment is removed or dispensed, the consent is ipso facto ratified and no renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their marriage had had the external appearance of a true marriage.
From the 1913 Catholic Encyclopedia
Validation of Marriage may be effected by a simple renewal of consent when its nullity arises only from a defective consent in one or both parties. When, however, matrimony is invalid on account of the existence of some ecclesiastical impediment, it may be revalidated by simple dispensation or by that known as Sanatio in Radice.
(1) In the first method, as soon as a simple dispensation from the impediment has been obtained, a renovation of consent of both parties will validate the marriage. When the impediment had affected only one of the parties and the other was unaware of the impediment, it is probably that both must renew their consent. That a true renovation of consent be obtained, it is requisite that the parties be made aware of the nullity of their marriage, unless sanatio in radice be resorted to. The renovation must be made before the authorized ecclesiastical authority and witnesses when the impediment has been public.
(2) The dispensation called sanatio in radice consists in the revalidation of a marriage by reason of a consent formerly given, but ineffective at the time owing to some ecclesiastical impediment. When the impediment is removed, the consent is ipso facto ratified and no renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their wedlock had had the external appearance of a true marriage. Sanatio is resorted to when there is urgent reason for not acquainting the parties with the nullity of their marriage, or when one of the parties alone is cognizant of the impediment and the other cannot be informed without grave consequences, or when one party would be unwilling formally to renew a consent that is presumably existent. The pope has power to give the dispensation called sanatio in radice for all marriages which are invalid in consequence of an ecclesiastical impediment. Bishops generally have no such power, even when by particular indult they can dispense in diriment impediments. For the granting of sanatio in radice a special apostolic faculty is required. In the United States, the ordinaries may grant such dispensation, under certain limitations, when only of the parties to the marriage is aware of the impediment.
References
- Back to citation can. 1061, 3 CIC/83
- Back to citation occurrence 2.0 Back to citation occurrence 2.1 can. 1156, 1 CIC/83
- Back to citation Wm. Woestman, Canon Law of the Sacraments for Parish Ministry, 2007, 355
- Back to citation Wm. Woestman, Canon Law of the Sacraments for Parish Ministers, 2007, 278.
- Back to citation can. 1156 CIC/83.
- Back to citation can. 1157 CIC/83.
- Back to citation can. 1158, 1 CIC/83
- Back to citation can. 1078, §2 CIC/83
- Back to citation can. 1165 CIC/83
- Back to citation can. 1078, §3 CIC/83
- Back to citation occurrence 11.0 Back to citation occurrence 11.1 can. 1161, 1 CIC/83
Bibliography
Code of Canon Law - Wm. Woestman, Canon Law of the Sacraments for Parish Ministry, Ottawa 2007.