THE SACRAMENT OF MARRIAGE - Fr. George J. Willmann, SJ

THE SACRAMENT
OF MARRIAGE
Fr. George J. Willmann Series #5
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The Sacrament of Marriage
Rev. Msgr. JOSELITO C. ASIS, JCD
Fr. George J. Willmann Series #5
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Nihil Obstat: Msgr. Pedro C. Quitorio
KCFAPI Chaplain
Imprimatur: Most Rev. Honesto F. Ongtioco
Bishop of Cubao
KC Luzon Chaplain
The Nihil Obstat and Imprimatur are a declaration that a book
is considered to be free from doctrinal or moral error. It is not
necessarily implied that those who have granted them agree
with the contents, opinions or statements expressed.
Copyright 2010 by the Knights of Columbus Fraternal
Association of the Philippines, Inc. (KCFAPI)
Cover Design:
Layout: Laurence John R. Morales
All rights reserved. No part of this book maybe reproduced
or transmitted in any form or by any means electronic or
mechanical, including photocopying, recording or by any
information storage or retrieval system without the written
permission of the publisher.
ISBN No.
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Table of Contents
I - On the Sacrament of Marriage .................................. 7
II - On the celebration of the Sacrament of Marriage ... 17
III - On the impediments in Marriage ............................ 21
IV - Frequently asked questions on the Sacrament of
Marriage .......................................................................... 27
Bibliography .......................................................................... 34
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Introduction
In no time in history has the Sacrament of Marriage been
under stronger attack than in the present when a global
conspiracy against life has become relentless and orchestrated.
At first blush, onslaughts against life may seem remotely related
to issues surrounding marriage and the family but upon closer
scrutiny it is the very institution of marriage that is at stake.
Issues such as demography or population explosion,
abortion, same-sex marriages, divorce or even sex education
to preschoolers are all ganging up towards the sacrament of
marriage. The Church has seen early on this handiwork of the
enemies of life. Which was why when Pope Paul VI issued
Humanae Vitae in 1968, he foresaw the beginning of a battle
that is waged even in legislative arenas of governments.
Today the world needs Christian “interpreters”, teachers
who can bring light to a growing darkness of secularism. It is
in this light that the members of the Knights of Columbus are
also called to the work of catechesis. Admittedly, formation
or catechesis has been one of the weakest points of the Order
of the Knights of Columbus in the Philippines. Such spiritual
formation is barely enough to know the rudiments of the faith.
A continuing catechesis is necessary.
The Father George J. Willmann Series is only one of the modest
ways in helping the members of the Order get acquainted with
the Church’s teachings. A joint project of the Father George J.
Willmann Charities, Inc. and the KC Priests-Scholars Association,
we hope that this series will be disseminated in every council
throughout the three State Jurisdictions in the Philippines.
MSGR PEDRO C. QUITORIO
Chaplain, KCFAPI
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I. On the Sacrament of Marriage
1. How does the Catholic Church define the Sacrament of
Marriage?
Marriage or Matrimony is a sacrament that consecrates for
a particular mission in building up the Church and provides
grace for accomplishing that mission. This sacrament, seen as
a sign of the love uniting Christ and the Church, establishes
a permanent and exclusive bond between the spouses, sealed
by God. Accordingly, a marriage between baptized persons,
validly entered into and consummated, cannot be dissolved.
The sacrament confers on them the grace they need for attaining
holiness in their married life and for responsible acceptance
and upbringing of their children. For a valid marriage, a man
and a woman must express their conscious and free consent
to a definitive self-giving to the other, excluding none of the
essential properties and aims of marriage.
According to the Catechism of the Catholic Church, “The
matrimonial covenant, by which a man and a woman establish
between themselves a partnership of the whole of life, is by
its nature ordered toward the good of the spouses and the
procreation and education of offspring; this covenant between
baptized persons has been raised by Christ the Lord to the
dignity of a sacrament.”(CCC 1601)
Vatican II’s Pastoral Constitution on the Church in
the Modern World, Gaudium et Spes states: “The intimate
partnership of married life and love has been established by the
Creator and qualified by His laws, and is rooted in the conjugal
covenant of irrevocable personal consent… God Himself is the
author of matrimony, endowed as it is with various benefits
and purposes.”
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2. What does the Bible say about Marriage?
Sacred Scripture begins with the creation of man and
woman in the image and likeness of God (cf. Gen 1:26-27) and
concludes with a vision of “the wedding-feast of the Lamb”
(Rev 19:7, 9). Scripture speaks throughout of marriage and its
“mystery,” its institution and the meaning God has given it,
its origin and its end, its various realizations throughout the
history of salvation, the difficulties arising from sin and its
renewal “in the Lord” in the New Covenant of Christ and the
Church (1 Cor 7:39; cf. Eph 5:31-32).
God who created man out of love also calls him to love the
fundamental and innate vocation of every human being. For
man is created in the image and likeness of God who is himself
love: “So God created human beings, making them to be like
himself. He created them male and female..”(Gen 1:27). “God
is love, and those who live in love live in union with God and
God lives in union with them”(1 John 4:16). Since God created
him man and woman, their mutual love becomes an image of
the absolute and unfailing love with which God loves man.
It is good, very good, in the Creator’s eyes. This love which
God blesses is intended to be fruitful and to be realized in the
common work of watching over creation: “and God blessed
them, and God said to them: ‘Be fruitful and multiply, and fill
the earth and subdue it’(Gen 1:28; cf. Gen 1:31).
Holy Scripture affirms that man and woman were
created for one another: “It is not good that the man should
be alone”(Gen 2:18). The woman, “flesh of his flesh,” i.e., his
counterpart, his equal, his nearest in all things, is given to him
by God as a “helpmate”; she thus represents God from whom
comes our help (Cf. Gen 2:18-25). “Therefore a man leaves his
father and his mother and cleaves to his wife, and they become
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one flesh”(Gen 2:24). The Lord himself shows that this signifies
an unbreakable union of their two lives by recalling what the
plan of the Creator had been “in the beginning”: “So they are
no longer two, but one flesh”(Mt 19:6).
Seeing God’s covenant with Israel in the image of exclusive
and faithful married love, the prophets prepared the Chosen
People’s conscience for a deepened understanding of the unity
and indissolubility of marriage (Cf. Hos 1-3; Isa 54; 62; Jer 2-3;
31; Ezek 16; 23; Mal 2:13-17). The books of Ruth and Tobit bear
moving witness to an elevated sense of marriage and to the
fidelity and tenderness of spouses. Tradition has always seen
in the Song of Solomon a unique expression of human love,
a pure reflection of God’s love - a love “strong as death” that
“many waters cannot quench”(Song 8:6-7).
On the threshold of his public life Jesus performs his first
sign - at his mother’s request - during a wedding feast (Cf. John
2:1-11). The Church attaches great importance to Jesus’ presence
at the wedding at Cana. She sees in it the confirmation of the
goodness of marriage and the proclamation that thenceforth
marriage will be an efficacious sign of Christ’s presence. In his
preaching Jesus unequivocally taught the original meaning of
the union of man and woman as the Creator willed it from the
beginning permission given by Moses to divorce one’s wife
was a concession to the hardness of hearts (Cf. Mt 19:8). The
matrimonial union of man and woman is indissoluble: God
himself has determined it “what therefore God has joined
together, let no man put asunder” (Mt 19:6). This unequivocal
insistence on the indissolubility of the marriage bond may have
left some perplexed and could seem to be a demand impossible
to realize. However, Jesus has not placed on spouses a burden
impossible to bear, or too heavy - heavier than the Law of Moses
(Cf. Mk 8:34; Mt 11:29-30). By coming to restore the original
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order of creation disturbed by sin, he himself gives the strength
and grace to live marriage in the new dimension of the Reign
of God. It is by following Christ, renouncing themselves, and
taking up their crosses that spouses will be able to “receive”
the original meaning of marriage and live it with the help of
Christ (Cf. Mt 19:11). This grace of Christian marriage is a fruit
of Christ’s cross, the source of all Christian life.
Apostle Paul makes clear when he says: “Husbands, love
your wives, as Christ loved the Church and gave Himself up
for her, that He might sanctify her,” adding at once: “’For this
reason a man shall leave his father and mother and be joined to
his wife, and the two shall become one. This is a great mystery,
and I mean in reference to Christ and the Church”(Eph 5:25-26,
31-32; Cf. Gen 2:24). The entire Christian life bears the mark of
the spousal love of Christ and the Church. Already Baptism,
the entry into the People of God, is a nuptial mystery; it is so
to speak the nuptial bath (Cf. Eph 5:26-27) which precedes the
wedding feast, the Eucharist. Christian marriage in its turn
becomes an efficacious sign, the sacrament of the covenant of
Christ and the Church. Since it signifies and communicates
grace, marriage between baptized persons is a true sacrament
of the New Covenant.
3. What are the Effects of the Sacrament of Marriage?
The Code of Canon Law states: “From a valid marriage
arises a bond between the spouses which by its very nature is
perpetual and exclusive; furthermore, in a Christian marriage
the spouses are strengthened and, as it were, consecrated
for the duties and the dignity of their state by a special
sacrament”(Can. 1134).
1. The marriage bond. The consent by which the spouses
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mutually give and receive one another is sealed by God
himself. From their covenant arises “an institution, confirmed
by the divine law, . . . even in the eyes of society”(GS 48, 1)
The covenant between the spouses is integrated into God’s
covenant with man: “Authentic married love is caught up
into divine love”(GS 48, 2). Thus the marriage bond has been
established by God himself in such a way that a marriage
concluded and consummated between baptized persons can
never be dissolved. This bond, which results from the free
human act of the spouses and their consummation of the
marriage, is a reality, henceforth irrevocable, and gives rise
to a covenant guaranteed by God’s fidelity. The Church does
not have the power to contravene this disposition of divine
wisdom (Cf. CIC, can. 1141).
2. The grace of the sacrament of Matrimony. “By reason of
their state in life and of their order, [Christian spouses] have
their own special gifts in the People of God”( LG 11 # 2). This
grace proper to the sacrament of Matrimony is intended to
perfect the couple’s love and to strengthen their indissoluble
unity. By this grace they “help one another to attain holiness
in their married life and in welcoming and educating their
children”(LG 11 # 2; cf. LG 41).
4. What are the Essential Ends of Marriage?
Marriage, as a natural institution, has certain ends or
finalities. There are two ends of marriage: the well-being of
spouses and procreation and education of offspring. Canon 1055,
par. 1 says: “Matrimonial covenant … is ordered by its nature
to the well-being of spouses and the procreation and education
of offspring…”. There is no hierarchical ordering of the two
ends of marriage, no primary nor secondary ends. Both are
equally essential to and inseparable in marriage.
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1. The well-being of spouses. The well-being of spouses
as end of marriage consists in the growth and maturing of the
spouses as persons, through the aids, comforts and consolations,
the demands and hardships of conjugal love, when lived
according to God’s plan. It is the sum of all goods which flow
from the inter-personal relationship of the spouses. It brings
about and promotes spiritual, intellectual, physical, moral and
social good of the spouses. If this well-being of spouses is to
be realized, the spouses themselves must enjoy the minimum
psychosexual integration without which the very communion
of conjugal life would be impossible. The spouses must also
have the capacity for and the willingness to engage in genuine
inter-personal communication and to establish a mutually
satisfactory sexual relationship.
Gaudium et Spes summarizes this particular end of marriage,
in the context of conjugal love, when it says: “Fully human
as it is, in being willed by one person for another, such love
embraces the good of the entire persons and is therefore capable
of endowing human expressions with a particular dignity and
of ennobling them as special features and manifestations of
married friendship” (n. 49).
2. Procreation and Education of Children. “By its very
nature the institution of marriage and married love is ordered
to the procreation and education of the offspring and it is in
them that it finds its crowning glory”(GS 48 # 1; 50). It is a
constant teaching of the Catholic Church that the procreation
and education of offspring is an essential end of marriage.
Parents have both the obligation and the right to see to the
physical, social, cultural, moral and religious education of
their children (cf. Can. 1136). This education is to take place
in “a family atmosphere so animated with love and reverence
for God and others that a well-rounded personal and social
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development will be fostered among the children” (GE 3; FC
36). The fruitfulness of conjugal love extends to the fruits of the
moral, spiritual, and supernatural life that parents hand on to
their children by education. Parents are the principal and first
educators of their children In this sense the fundamental task
of marriage and family is to be at the service of life. Spouses
to whom God has not granted children can nevertheless have
a conjugal life full of meaning, in both human and Christian
terms. Their marriage can radiate a fruitfulness of charity, of
hospitality, and of sacrifice.
Gaudium et Spes N. 50 encapsulates this end of marriage
in the following: “Children are really the supreme gift of
marriage and contribute very substantially to the welfare of
their parents. The God Himself Who said, “it is not good for
man to be alone” (Gen. 2:18) and “Who made man from the
beginning male and female” (Matt. 19:4), wishing to share with
man a certain special participation in His own creative work,
blessed male and female, saying: “Increase and multiply”
(Gen. 1:28). Hence, while not making the other purposes of
matrimony of less account, the true practice of conjugal love,
and the whole meaning of the family life which results from
it, have this aim: that the couple be ready with stout hearts to
cooperate with the love of the Creator and the Savior. Who
through them will enlarge and enrich His own family day by
day.”
5. What are the Essential Properties of Marriage?
The love of the spouses requires, of its very nature,
the unity and indissolubility of the spouses’ community
of persons, which embraces their entire life: “so they
are no longer two, but one flesh”(Mt 19:6; cf. Gen 2:24).
They “are called to grow continually in their communion
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through day-to-day fidelity to their marriage promise of
total mutual self-giving”(FC 19). This human communion is
confirmed, purified, and completed by communion in Jesus
Christ, given through the sacrament of Matrimony.
1. Unity. The unity of marriage, distinctly recognized by
our Lord, is made clear in the equal personal dignity which
must be accorded to man and wife in mutual and unreserved
affection”(GS 49, 2). Unity as property of marriage means
that marriage is an exclusive relationship between one man
and one woman. In marriage, a man and a woman mutually
give and accept each other. To include anyone else within
privileged sphere of marital intimacy violates the unity proper
to marriage. Thus polygamy, whether simultaneous or serial,
is a violation of the unity of marriage. Polygamy is contrary to
conjugal love which is undivided and exclusive (FC 19).
Further reflection on the nature of marriage as a consortium
of the whole of life has amplified our understanding on the unity
of marriage. Violations on this essential property of marriage
may not only involve extramarital sexual relationships. For
example, a man may marry to have a wife for sexual relations,
children, and companionship, but continue an unhealthily
“close emotional relationship to his mother after marriage
with even daily visits, frequent telephone conversations,
dependence in decision making, intimate aspects of marital
life, often unknown to his wife”. In such a case, the man may
be judged to have violated the unity of marriage. Remember
what the Lord said: “For this reason a man will leave his father
and mother and unite with his wife, and ‘the two will become
one.’ So they are no longer two, but one”(Mt. 19:5-6).
2. Indissolubility. To say marriage is indissoluble means
that it is a perpetual relationship which not only “should
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not be terminated” but “cannot be terminated” even if the
couple’s existential relationship is irretrievably broken. Once
the marriage is validly entered, it cannot be dissolved by the
subsequent withdrawal of consent of the parties. Although the
Church does not recognize the power of civil authorities to
dissolve marriages, there are cases however that the Church
can, under certain circumstances, dissolve non-sacramental
marriage involving at least one baptized person and those
sacramental marriages that have not been consummated.
Current Church law considers only sacramental marriages
that have been consummated to be extrinsically indissoluble
by any cause except death (cf. Can. 1141).
Christ teaches: “Therefore, let no man separate what God
has joined”(Mt. 19:6). This was not a legal prescription about
marriage, but rather Christ’s prophetic, messianic proclamation
that God’s saving activity was already present through His
ministry. Moses had allowed divorce because of the “hardness
of their heads”(cf. Mt. 19:8). But now that “hardness” could
be softened: the power was at hand, and offered constantly,
to surmount the natural, everyday obstacles to persevering
conjugal fidelity through the grace and power of our Lord
Jesus Christ.
Christian couples are called to participate truly in the
irrevocable indissolubility that binds Christ to the Church, his
bride, loved by him to the end”(cf. FC 20). The ultimate truth
of the indissolubility of sacramental marriage is that in God’s
plan it is “a fruit, a sign, and a requirement of the absolutely
faithful love that God has for man and that the Lord has for the
Church… a sign of the unfailing fidelity with which God and
Jesus Christ love each and every human being (FC 20).
6. What is a Matrimonial Consent?
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Matrimonial consent is an act of the will by which a man
and a woman mutually give and accept each other through
an irrevocable covenant in order to establish marriage (Can.
1057, par. 2). The parties to a marriage covenant are a baptized
man and woman, free to contract marriage, who freely express
their consent; “to be free” means: not being under constraint
nor impeded by any natural or ecclesiastical law. The Church
holds the exchange of consent between the spouses to be the
indispensable element that “makes” the marriage. If consent
is lacking there is no marriage. The consent consists in a
“human act by which the partners mutually give themselves
to each other”: “I take you to be my wife” - “I take you to be
my husband.” This consent that binds the spouses to each
other finds its fulfillment in the two “becoming one flesh.” The
consent must be an act of the will of each of the contracting
parties, free of coercion or grave external fear. No human
power can substitute for this consent. If this freedom is lacking
the marriage is invalid.
The priest (or deacon) who assists at the celebration of a
marriage receives the consent of the spouses in the name of
the Church and gives the blessing of the Church. The presence
of the Church’s minister (and also of the witnesses) visibly
expresses the fact that marriage is an ecclesial reality.
7. Who are the Ministers of the Sacrament of Marriage?
The ministers of marriage are the spouses themselves.
The local Ordinary, the parish priest, or the priest or deacon
properly delegated is an “official witness”, who assists at the
celebration of marriage together with two other witnesses. To
assist at marriage means to be physically present and to ask for
the manifestation of the consent of the parties and receives it
in the name of the Church (can. 1108, par. 2). But in order that
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the matter and form of the Sacrament of Marriage be in effect,
spouses themselves must manifest their consent and exchange
it with themselves. The assisting witness just asks and receives
such consent.
II. On the Celebration of the
Sacrament of Marriage
1. What are the Meanings of the Words and Symbols in the
Celebration of Marriage?
A. On the Matrimonial Scrutiny:
A.1. Did you come here of your own free will to bind yourself
forever in the love and service of your husband/wife?
During the ceremony, it is always presumed that the words
uttered by the two contracting parties correspond to what is
inside their mind and will. Thus, when they say “I DO,” they
really mean what they say. The first question therefore in the
matrimonial scrutiny focuses on being free from any coercion,
force or fear as they commit their love and service to each
other. We must remember that it is free and deliberate consent
that makes valid marriage.
A.2. Are you both ready to raise as good Christians the children
whom God will give you?
In answering this question, couples affirm their
commitment to fulfill one of the essential ends of marriage,
that is, procreation and upbringing of children according to
Catholic Faith. Excluding the possibility of having children
makes marriage invalid ab initio. However, couples who
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have not been blessed with children due to some natural or
psychological nature do not affect the validity of their union.
They can still expressed their being parent – love, care and
nurture abilities – in so many other ways.
B. On the Exchange of Consent
B.1. Do you take (name of groom/bride) here present for your
lawful husband/wife according to the rite of our holy Mother, the
Church?
B.2. Do you give yourself to him as your wife? Do your give
yourself to her as your husband?
B.3. Do you accept him as your lawful husband? Do you accept
her as your lawful wife?
Exchange of matrimonial consent constitutes a valid
marriage. Exchange of consent in marriage is an act of the will
by which a man and a woman mutually give and accept each
other as husband and wife through an irrevocable covenant
or commitment (cf. Can. 1057, par. 2). In giving and accepting
of one another, spouses are ready to give and accept likewise
their own actualities and potentials, personal attributions and
liabilities, strengths and weaknesses; the totally of each one.
This giving and accepting of oneself expresses their being
legitimately husband and wife, hence excludes polygamy or
polyandry or any extra-marital affairs.
C. On the Marriage Vows
Afterwards, wife and husband declare together their
marriage vows in the following words: “Grant us, O lord, to be
one heart and one soul, from this day forward, for better, for worse,
for richer, for poorer, in sickness and in health, until death do us part.
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Amen” These so-called marriage vows are actually prayer of the
newly married couple. The new couple recognizes that “from
this day forward,” their new state of life started. That being
one in mind and soul throughout their married life is their
sole goal. This reflects unity and indissolubility of Christian
marriage. That their living together is not always as colorful
as their wedding day, but may be challenged and rocked by
trials and difficulties any moment of their life. Hence “Amen,”
that they totally put themselves in the hands of God, until their
own death separate them from each other here on earth.
D. On the Confirmation of the Marriage Bond
After the matrimonial consent has been exchanged between
the couple, the Official Witness (usually a bishop, priest or
deacon) now confirms and blesses the matrimonial bond that
the wife and husband have established. The confirmation runs
as follows: “And I, by the authority of the Church, calling on all
those present as witnesses, confirm and bless the bond of marriage
which you have contracted. In the name of the Father, and of the
Son, and of the Holy Spirit. Amen.” It is obvious that it is the
couple who bind themselves into a marriage bond, the priest
just “confirms” and “blesses” this bond. There is a necessity of
having other witnesses—at least two—who must be physically
present and can attest to what they saw and heard during the
marriage rite. At the end of the formula of confirmation, the
official witness invoked the name of the One and Triune God
who really gave a thumbmark on a given marriage.
E. What is the Significance of the Giving of Rings?
The wedding ring is a visible sign of the spiritual bond
between the couple, the symbol of affection and fidelity. The
wedding ring comes in pair. Each ring is specifically designed
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and sized for each other. No other ring may destroy their
exclusive pairing. The two rings represent the very persons of
the spouses. When the husband puts the ring on the finger of
the wife, he symbolically gives himself to his wife, and vice
versa. The words they say to one another are: “Wear this ring
as a sign of my love and loyalty to you. In the name of the
Father, and of the Son and of the Holy Spirit.”
F. What symbolizes the Giving of Arrhae?
The arrhae symbolize material resources or economic
support. They usually come in the form of coins or gold items.
After they are blessed, the husband gives to the wife with two
hands to signify that it is the duty of the husband to financially
support the wife and future family. The wife accepts them with
her two hands also to affirm her primary duty to make the best
use of family resources and keep their household in proper
budget with special attention to the needs of their children.
The husband says the following words to his wife: “I give you
these arrhae as a pledge of my dedication to your welfare. In
the name of the Father, and of the Son and of the Holy Spirit. “
The wife then answers: “ And I accept them.”
G. What is the Meaning of the Putting of the Veil?
The veil is placed on the spouses which symbolizes their
living together under one roof, dining together in one table,
and sleeping together in one bed. The veil is placed on the
head of the wife to symbolize her pledge of love and service
to her husband. It is placed on the shoulder of the husband to
signify his love and dependability in favor of his wife.
H. What is the Meaning of the Placing of the Cord upon
the Couple?
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The placing of the cord on the husband and wife after
wearing the veil confirms their marriage bond which is
intrinsically one and indissoluble. “So they are no longer two,
but one. No human being must separate, then, what God has
joined together”(Mt. 19:6).
I. What does the Lighting of the Candles Symbolize?
Candle always symbolizes “Christ, the Light of the world”
(Cf. Jh. 8:12). In marriage, candles will remind the couples
that it is Jesus who will light them and accompany them in the
married life. As they light the “matrimonial candles,” they will
be reminded that their conjugal life has just been started, hence
they need guidance and proper direction.
III. On the impediments in Marriage
1. What is an impediment in marriage?
The laws of the Church, contained in the Code of Canon Law,
listed some prohibitions or some facts and circumstances which
impede marriage by rendering a person incapable of validly
entering marriage. These are called diriment impediments
(cf. Can. 1073). Impediments have the purpose of protecting
the dignity of marriage, the rights and duties of the persons
concerned, and the common good in general. As exceptions to
the natural right to contract marriage, impediments must be
expressly defined by the law and are to be interpreted in the
strict sense.
Impediments can be of divine law or of ecclesiastical law.
Those of divine law cannot be dispensed. Therefore when we
speak of dispensation from impediments, we mean those of
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ecclesiastical law. It belongs to the supreme authority of the
Church to declare when an impediment is of divine law.
2. Can an impediment be dispensed?
Yes. The local Ordinary may dispense from all impediments
of ecclesiastical laws except those whose dispensation is
reserved to the Apostolic See (e.g., prior bond, impotence,
consanguinity in the direct line and second degree collateral).
The dispensation may be given by the Ordinary of the place
where the marriage is celebrated or the Ordinary of the place
where either party, if Catholic, or the Catholic party in a
mixed marriage, have domicile or quasi-domicile (cf. Can.
1078, par. 1).
3. What are the Prohibitions in Canon Law that Render a
Person Incapable of Valid Marriage?
There are twelve diriment impediments in marriage listed
in the present Code of Canon Law:
1. Age. A woman under 14 years old and a man under
16 cannot validly enter marriage. The Conference of Bishops
may establish a higher age but only with regard to liceity (cf.
Can. 1083, pars. 1& 2). The purpose of this impediment is to
objectively fix the minimum age of biological and psychological
maturity for marriage. In the Philippines, the CBCP has
provided the minimum age requirement for marriage for
licitude as 18 years of age for both woman and man. Although
dispensation from the required age can be sought from the
local Ordinary, it is however strongly discouraged to do
it for reasons that marriage has serious consequences and
entails grave responsibilities. The present Family Code of
the Philippines states the minors below the age of 18 (both
woman and man) cannot legally marry even with parental
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consent (art. 35, 1). Further, those between the ages of 18 and
21 need parental consent. Their marriage is voidable and may
be annulled if the required consent is lacking (art. 45, 1). While
those between ages 21 to 25 require parental advice.
2. Impotence. Antecedent and perpetual impotence
to have intercourse, whether on the part of the woman and
the man, whether absolute or relative, nullifies marriage by
its very nature. If impotence is doubtful, marriage must not
be impeded nor declared null. Sterility neither prohibits nor
nullifies marriage. (Cf. Can. 1084, pars. 1 -3). Since the conjugal
act is an essential aspect of marriage, copulative impotence,
that is, the impossibility to have sexual intercourse because of
an organic or psychological anomaly, renders marriage null if
it is antecedent and perpetual. This is an impediment of natural
divine law, hence cannot be dispensed. It does not matter if the
impotence is of the man or the woman, absolute (impossibility
to accomplish the conjugal act with anyone) or relative
(impossibility to accomplish it with the spouse). Impotence
which begins after marriage or which can be cured with licit
and proportionate means, does not impede the marriage.
3. Pre-Existing Bond. A person bound by the bond of
a prior marriage, even if it was not consummated, invalidly
attempts marriage (Can. 1085, par. 1). Valid matrimonial
consent gives rise to a perpetual and exclusive bond (vinculum)
between spouses, whether they are baptized or not (Cf. Can.
1134). There is a continued existence of the marriage bond
even after any marriage breakdown. Hence, any new marriage
during the lifetime of one’s spouse is not only immoral but
impossible. In case of declaration of nullity of first marriage, it
is not licit to celebrate another marriage until the nullity or the
dissolution has been established with certainty.
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4. Disparity of Cult. Marriage is invalid if entered into
by two persons, one of whom has the Catholic faith by either
baptism therein or conversion thereto and has not abandoned
it, while the other is not baptized (cf. Can. 1086). A Catholic
cannot validly marry a non-baptized person without the
requisite dispensation. As an ecclesiastical law, impediment
of disparity of worship binds only the Catholics and those
who marry them. A dispensation can be granted to permit a
Catholic to marry an unbaptized person if there is sufficient
assurance that the proposed marriage will not pose a threat to
the Catholic’s ability to continue the practice of his or her faith
and to hand on the Catholic to their children. This assurance
is given the Catholic party in the form of promises (cautiones).
He or she must declare a readiness to remove all dangers of
lapsing from the Catholic faith and promise to do all within
his or her power to ensure the Catholic baptism and formation
of all children. The unbaptized party is not required to make
a promise, but must be aware of what the Catholic party has
promised. If this declaration and promise are not made, a
dispensation from the impediment of disparity of worship is
invalid.
5. Sacred Orders. Those who have received the Sacrament
of Holy Orders in any grade (deacon, priest, or bishop) cannot
validly marry (cf. Can. 1087). In the Latin Church, holy order
carries with it the commitment to celibacy. The dispensation
from this impediment is normally reserved to the Hoy See and
carries with it the prohibition from exercising the ministry. A
person in sacred orders who attempts marriage not only does
so invalidly, but is subject to penal sanction.
6. Perpetual Vow of Chastity. Those bound by a public
perpetual vow of chastity in a religious institute invalidly
attempt marriage (Can. 1088). This impediment has the purpose
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of protecting the commitments of religious profession. It does
not apply, however, to the assumption of the evangelical
counsel of chastity in a secular institute, to temporary vows,
or to other sacred bonds different from a vow (promise, oath,
etc.). Dispensation from this impediment in the case of an
institute of pontifical right is reserved to the Holy See, except
in danger of death.
7. Abduction. No marriage can exist between a man and a
woman who has been abducted or at least detained with a view
of contracting marriage with her unless the woman chooses
marriage of her own accord after she has been separated from
the captor and established in a safe and free place (Can. 1089).
The purpose of this cause of invalidity is to protect the freedom
of the woman and to avoid doubts concerning the validity of
her consent. Logically, this impediment cannot be dispensed
from.
8. Crime. Canon 1090, par. 1: “Anyone who, with a
view to entering marriage with a certain person, has brought
about the death of that person’s spouse or of one’s own spouse
invalidly attempts this marriage.” Par. 2: “Those who have
brought about the death of a spouse by mutual physical or
moral cooperation also invalidly attempt a marriage together.”
This impediment arises between two specific persons, one of
those has been killed. This includes two different cases: a)
those who, for the purpose of entering into marriage with
another person, bring about the death of their own spouse or
the spouse of the person whom they intend to marry, invalidly
attempt such marriage; b) when two persons have cooperated
in the killing of one of their spouse, even if not for the purpose
of entering into marriage, they cannot validly marry. Because
of the gravity of the matter, dispensation is regularly reserved
to the Holy See (cf. Can. 1078, par. 2.2).
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9. Consanguinity. Marriage is invalid between persons
related by consanguinity in any degree in the direct line
(ancestors and descendants), and up to and including the fourth
degree in the collateral line (brothers and sisters, aunts/uncles
and nephews/nieces, and first cousins). See Canon 1091. The
impediments that arise between relatives have the purpose of
impeding that the normal relations within a family be rendered
unnatural, and to avoid endogamy. Consanguinity in the direct
line or in the second degree of the collateral line (brothers and
sisters) is never dispensed from, and in cases of doubt in this
regard, marriage is never to be permitted. Dispensation from
the impediment of consanguinity can be sought from the
competent Church authority for just and reasonable cause. It
is however not advisable to do so for reasons in the order of
nature and in the forum of Civil Law. It is a standing principle
that no dispensation is granted in any degree in the direct line,
and in the second degree in the collateral line.
10. Affinity. Affinity in the direct line in any degree
invalidates marriage (can. 1092). Affinity is the tie of relationship
that arises between a spouse and the blood relations of the other
spouse (relatives by marriage). Marriage is rendered null only
in the direct line (father-in-law with his daughter-in-law or
mother-in-law with her son-in-law). Though this impediment
can be dispensed, we rarely hear of seeking such dispensation
probably because of basic decency.
11. Public Propriety. The impediment of public propriety
arises from an invalid marriage after the establishment of
common life or form notorious or public concubinage. It
nullifies marriage in the first degree of the direct line between
the man and the blood relatives of the woman, and vice versa
(Can. 1093). This is the relationship that arises from the fact
that two persons actually live together (putative marriage or
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concubinage). The impediment prohibits marriage between
the man and the blood relatives of the woman in the first
grade of the direct line (mother or daughter), and vice versa.
Obviously, the prohibition is to free the community or the
public from scandal that disturbs social mores or undermines
socio-ethical order. Public propriety can be dispensed by the
local Ordinary for a just and reasonable cause. However, before
any dispensation is granted, one must ascertain the absence of
such scandal.
12. Legal Relationship. Those who are related in the direct
line or in the second degree of the collateral line by a legal
relationship arising from adoption cannot contract marriage
together validly (can. 1094). This means that the adopted party
may not validly marry the adopting party, the latter’s direct
ascendants and descendants, the latter’s children – and the
latter’s other adopted children if any – and vice versa. This
impediment is of ecclesiastical law. The local Ordinary can
dispense from it. Before a dispensation is granted, however, one
should ascertain whether there is also a civil law impediment
based on adoption. A spiritual relationship arising from
baptism was no longer an impediment today.
IV. Frequently Asked Questions
on the Sacrament of Marriage
1. Why get married in the Church?
Many seem to take marriage in the Church as merely social
custom or “parents prefer it this way”. Marriage in the Church
is not to be regarded like this. It is, rather, the solemn entry of
the spouses into a binding commitment before God and the
Christian community. Thus, “trial marriages” or “living-in” or
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“free unions” are alien to our Christian belief. These kinds of
unions attack the inherent dignity of the human person and
the truth of their relationship in the community. For truly
believing Christians, entry into an important relationship like
marriage will succeed or make sense only through, with and in
Christ their Lord and Savior. Vatican II describes the presence
of Christ in the married life of the Christian spouses: “He
(Christ) abides with them in order that, by their mutual selfgiving,
spouses will love each other with enduring fidelity…
Authentic married love is caught up into divine love and is
directed and enriched by the redemptive power of Christ and
the salvific action of the Church (GS 48).
2. How does the Sacrament of Marriage differ from a civil
marriage?
The marriage covenant, solemnized in the presence of
the Church’s minister and at least two witnesses, is different
from any civil marriage contract. This sacred covenant cannot
be altered or rescinded at will by the two contracting parties.
There is always a third party involved, the author of the
contract: God Himself. According to purely legal notions,
contracts established by the common agreement of two parties
may be altered or rescinded by common agreement. But in
marriage, there are three parties involved, and the third party
(God) is the one who decides absolutely. Our Lord Jesus Christ
clearly states the irrevocability of the marriage union when He
said: “What God has joined together, let no one separate; and,
whoever puts away his wife, and marries another, commits
adultery; and he who marries a woman who has been put
away, commits adultery” (Matthew 19:6-9).
3. What is needed to receive the Sacrament of Matrimony
worthily and fruitfully?
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What is needed to contract the Sacrament of Marriage
worthily and fruitfully is:
• Both parties must be baptized persons.
• Rectitude of Intention: thoughtfulness and prudence
are always necessary for the choice of a future spouse.
Being carried away by emotions or momentary
passions should be avoided. Premarital pregnancy is
not a sufficient motive to marry someone since that
could involve an added mistake.
• Spiritual Preparation: one should be in the state
of grace. The Sacraments of Penance and the Holy
Eucharist are strongly recommended as immediate
preparation. A general confession would be advisable
in the case of someone who has been away from the
Sacrament of Penance for a long time.
• Having previously received the Sacrament of
Confirmation. Otherwise one should receive this
sacrament unless grave difficulties arise.
• Knowledge of the duties of the married life. Such
duties include mutual fidelity of the spouses until
death and care for the bodily and spiritual welfare of
the children sent by God.
• Obedience to the laws of the Church regulating
marriage.
4. What is a Suitable Place for the Celebration of Marriage?
A marriage between Catholics or between a Catholic and
a baptized non-Catholic is to be celebrated in a parish church.
It can be celebrated in another church or oratory with the
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permission of the local ordinary or the parish priest. The local
ordinary can permit a marriage to be celebrated in another
suitable place (cf. Can. 1118, pars. 1-3).
The parish church is the ordinary place for the celebration
of a marriage because the marriages between two baptized
persons are sacraments, thus they are not merely private or
familial celebrations but ecclesial events. The spouses declare
their consent “before God and the Church” and live out that
commitment in and with the support of the local ecclesial
community. The custom of choosing the parish of the bride
as a place of marriage is reprobated. Either the parish of the
bride or the groom can be the place for marriage. There are
cases, however, that the bride and the groom choose a place
other than their parish church, in another church or oratory,
or another suitable place. To these, the permission of the local
ordinary or the parish priest is needed. The term “church”
denotes a building dedicated to Catholic worship to which the
faithful have the right of free access (cf. Can. 1214). An oratory
is a place designated for Catholic worship for the benefit of
some community to which the access of the faithful is regulated
by a competent authority of that community (cf. Can. 1223).
Note however that the consent of the rector of the church or
the superior responsible for the oratory is required in addition
to the permission of the local ordinary or parish priest.
Another suitable place may mean a place of marriage other
than a Catholic church or oratory. It might include the non-
Catholic church or place of worship of one of the parties to
a mixed marriage, a non-denominational chapel attached to
a college, university, or other institution, or even a private
home. When judging the suitability of a place for celebration
of a marriage, care should be taken to ensure that the nature of
the place is consistent with a religious celebration. A suitable
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place for the celebration should enhance rather than distract
from the religious dimension of the marriage.
5. What is the Catholic’s understanding of “children are
blessing from God.”
Children are the supreme gift of marriage. Sacred Scripture
and the Church’s traditional practice have viewed large
families as a sign of God’s blessing and the parents’ generosity.
Children are always a source of joy when they are born out of
love: every new child is a new revelation of God’s love and
of the fidelity of the spouses. Each child is also a test of one’s
respect for the mystery of life, upon which, from the very
first moment of conception, the Creator places the imprint of
His image and likeness. This parenthood brings together the
human and divine and leads the spouses to a free and mutual
giving of self. They see in their children the crowning of their
love for each other.
6. Is the Church against family planning?
Many are misled in thinking that the Church is against all
family planning. This is not true. What the Church teaches is
the need for responsible parenthood. This means, among other
things, that couples should bring into the world generously
only the children whom they can raise up as good human
beings. The decision on the number of children rests solely in
the parents – no one can make that decision for them. But it is
a decision they must make according to their formed Christian
conscience, “with a sense of their responsibility to each other, to
their children already born and still to be born, to God”, and in
view of Church teachings. The Church advocates only Natural
Family Planning, rejecting all artificial means of contraception
and the contraceptive mentality that selfishly avoids offspring
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ecause of refusing responsibility for children (CFC 1923).
7. What is the real meaning of responsible parenthood?
In its true meaning, responsible procreation requires
couples to be obedient to the Lord’s call and to act as faithful
interpreters of His plan. This happens when the family is
generously open to new lives, and when couples maintain
an attitude of openness and service to life, even if, for serious
reasons and in respect for the moral law, they choose to avoid
a new birth for the time being or indefinitely. The moral law
obliges them in every case to control the impulse of instinct
and passion, and to respect the biological laws inscribed in
their person. It is precisely this respect which makes legitimate,
at the service of responsible procreation, the use of natural
methods of regulating fertility.
8. Does God have a definite plan for every couple? What should
the couple’s response be to this plan of God for their marriage
and family life?
God has a plan for every couple, which includes the
number of children which they should offer Him through their
marriage. God, respecting human freedom, does not force His
will on us but wants the couple to freely and responsibly say
“yes” to His plan.
Each child is a gift from God, the Lord and Giver of life.
The most precious gift of marriage is a human person and yet
some couples cannot bear children. Physical sterility is not
an evil. Couples who suffer from infertility after exhausting
legitimate medical procedures, should unite themselves with
the Lord’s cross, the source of all spiritual benefits. They give
expression to their generosity by adopting abandoned children
or undertaking demanding service to others. Their marriage
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can nevertheless have a full meaning, in both human and
Christian terms. Their marriage can radiate a fruitfulness of
love, of hospitality and sacrifice.
9. When does the Church allow the physical separation of
spouses?
The Church permits the physical separation of spouses
when for serious reasons their living together becomes
practically impossible, even though there may be hope for
their reconciliation. As long as one’s spouse lives, however,
one is not free to contract a new union, except if the marriage
be null and be declared so by ecclesiastical authority.
10. What is the attitude of the Church toward those people
who are divorced and then remarried?
The Church, since she is faithful to her Lord, cannot
recognize the union of people who are civilly divorced and
remarried. “Whoever divorces his wife and marries another,
commits adultery against her; and if she divorces her husband
and marries another, she commits adultery” (Mark 10:11-12).
The Church manifests an attentive solicitude toward such
people and encourages them to a life of faith, prayer, works
of charity and the Christian education of their children.
However, they cannot receive sacramental absolution, take
Holy Communion, or exercise certain ecclesial responsibilities
as long as their situation, which objectively contravenes God’s
law, persists.
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Bibliography
Catechism of the Catholic Church. With Modifications from the
Editio Typica, New York-Vatican City 1997. (CCC)
Catechism for Filipino Catholics, Catholic Bishops’ Conference
of the Philippines, Manila 2005. (CFC)
Vatican Council II, The Conciliar and Post Conciliar Documents,
new rev. ed., Flannery, ed., New York 1992.
New Commentary on the Code of Canon Law, Beal-Coriden-
Green, eds., New York-Mahwah 2000.
A Handbook on Canon Law, Joseph Martin de Agar, Canada
1999.
Before and Beyond “I do”, Matrimonial Advisories, Oscar V.
Cruz, Manila 2007.
A Catechesis on the Sacrament of Marriage, Fr. Ronald Vierling,
Sacred Heart Parish, CA, USA 1996.
The Canonical Imperatives of Parish Catechetical Instruction,
Joselito C. Asis, Antipolo City 2003.
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Knights of Columbus Fraternal
Association of the Philippines, Inc. (KCFAPI)
THE Knights of Columbus Fraternal Association of the Philippines,
Inc. (KCFAPI), a non-stock, non-profit mutual benefit association is
registered with the Securities and Exchange Commission. It is under the
supervision of the Insurance Commission and observes sound accounting
and actuarial principles.
When it was finally confirmed that the U.S. Supreme Council could not
provide insurance coverage to Filipino Knights, KCFAPI was established
and started operation in September 1958 to fill the vacuum in providing
insurance protection to Filipino Knights and their families. From an initial
capital of P32,000 which was donated by 64 KC members and councils,
KCFAPI proved its financial strength as its resources continued to expand
over the years, reaching P3.0 Billion as of the year ended December 31,
2009.
Through the years, KCFAPI remained true to its founding principles
of Charity, Unity, Fraternity and Patriotism. The organization is renowned
for its dedicated support for both the Church and Country. It established
its foundations, the Knights of Columbus Philippines Foundation, Inc.,
a charitable and civic organization providing scholarship to poor but
deserving youth as well as financial assistance to victims of calamities and
the KC Fr. George J. Willmann, S.J. Charities, Inc. which was registered on
September 9, 1992 to provide scholarship to poor but deserving diocesan
seminarians and studies of priests and KC Council chaplains who wish to
pursue further studies in ecclesiastical disciplines.
KCFAPI has set up the “CBCP Seed of Hope Fund” amounting to
P10 million. The interest earnings of this fund is earmarked for the priority
projects of the Catholic Bishops Conference of the Philippines. To date,
it has also donated financial and manpower resources to build 17 units of
houses and one chapel in coordination with the Gawad Kalinga Project.
KCFAPI and its Foundations, continue to provide assistance to dioceses,
the poor and victims of calamities.
KCFAPI will continue to be one with the Order of the Knights of
Columbus and the Catholic Church in promoting Christ’s teachings and
Spirituality as it traverses its next 50 years of Corporate Life.
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