Canon 1141 states that marriage which is ratified and consummated cannot be dissolved by any human power or by any cause other than death. However, Canon 1142 gives an exception that a (ratified but) non-consummated marriage between baptized persons or between a baptized party and anon-baptized party can be dissolved by the Roman Pontiff for a just reason, at the request of both parties or of either party, even if the other is unwilling. The author will explain briefly the meaning of non-consummation and give some historical instances of the dispensation of the marital bond of non-consummated marriage. He will then deal with the canonical process of dispensation of non-consummated marriage with some sample cases of non-consummated marriages which were dispensed in record time.
Table of Contents
Introduction
Preliminaries
Non-consummation of marriage.
Canonical provisions for the process of dispensation of non-consummated marriage
History of dispensation of non-consummated marriage
PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE
THE PETITION
Who can seek the dispensation?
Who can grant the dispensation?
INSTRUCTION OF THE CASE OF NON-CONSUMMATION
Who accepts the petition?
Cases with special difficulties
The competent tribunal/Instructor
Testimonies of witnesses
Experts’ reports
Publication of the acts
TRANSMISSION OF THE ACTS TO THE BISHOP
TRANSMISSION OF THE ACTS TO THE HOLY SEE
RESCRIPT OF DISPENSATION
SAMPLES OF DISPENSED NON-CONSUMMATED MARRIAGE
Research Objectives and Core Themes
This work provides an analytical overview of the canonical procedures regarding the dissolution of a ratified but non-consummated marriage. It explores the theological and historical evolution of this process and outlines the modern administrative requirements for obtaining a dispensation through the Roman Pontiff.
- Canonical definition and requirements of non-consummated marriage.
- Historical development of the Church's teaching on marital dissolution.
- Administrative procedural steps for submitting and processing a petition.
- The roles of the diocesan Bishop, the instructor, and the Apostolic See.
- Case studies illustrating the practical application of dispensation criteria.
Excerpts from the Book
History of dispensation of non-consummated marriage
It was Pope Alexander III (1159 – 1181) who contributed much to the teaching of the church on marriage. He settled the controversy between the schools of Paris and Bologna concerning essentials of marriage. He gave approval to the teaching of the doctors of Paris that marriage is contracted by the consent of the parties (per verba de praesenti), while he rejected the teaching of the canonists of Bologna that until consummation the parties are not strictly speaking married, and that the consent is no more than a solemn engagement to enter the married state.
The school of Bologna put forward a number of reasons on account for which a man might cancel the matrimonium initiatum, in order to be free to remarry. However, Pope Alexander III, though regarded the consent to be the effective cause of marriage, gave a teaching that not until the marriage is consummated the bond was capable of dissolution. It was not indeed, as Bolognese doctors had held; open to the parties to break their contract of their own accord in certain recognized cases. But where there was sufficient reason, the Pope could authorize dissolution of the marital bond.
Pope Alexander III believed that such dispensations were not without precedent. He gave an interpretation of the much canvassed letter of Gregory II to St. Boniface, in which permission is granted for a man whose wife has been attacked by incurable sickness to take another partner. He also dealt with a case in which one partner of a non-consummated marriage had entered the religious life and permission was granted to the other partner to remarry, while for some unrecorded reason he refused a similar request from another applicant.
Summary of Chapters
Introduction: Outlines the canonical basis for the indissolubility of marriage and the specific exception provided for ratified but non-consummated unions.
Preliminaries: Defines the requirements for a valid consummation and provides historical context regarding the evolution of Church teaching on the marital bond.
PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE: Describes the administrative nature of the dispensation process and the legal standing of the parties involved.
THE PETITION: Examines who has the authority to request a dispensation and identifies the Apostolic See as the ultimate body for granting such requests.
INSTRUCTION OF THE CASE OF NON-CONSUMMATION: Details the operational procedures, including the role of the tribunal, evidence collection, and the handling of expert reports.
TRANSMISSION OF THE ACTS TO THE BISHOP: Explains the administrative transition of the case files to the diocesan Bishop for his final opinion.
TRANSMISSION OF THE ACTS TO THE HOLY SEE: Outlines the final steps in sending documentation to the Apostolic See for judgment.
RESCRIPT OF DISPENSATION: Describes the notification of the final decision and the subsequent recording requirements in sacramental registers.
SAMPLES OF DISPENSED NON-CONSUMMATED MARRIAGE: Presents anonymized real-world examples to clarify the grounds on which a dispensation is granted.
Keywords
Canon Law, Non-consummated Marriage, Dispensation, Roman Pontiff, Apostolic See, Matrimonium Ratum, Marital Bond, Canonical Process, Diocesan Bishop, Nullity, Petitioner, Respondent, Sacramental Registers, Consent, Marital Consummation.
Frequently Asked Questions
What is the core focus of this document?
The document focuses on the canonical and administrative processes for the dispensation of a marriage that has been ratified but not consummated.
What are the central themes discussed?
Central themes include the definition of non-consummation, the historical evolution of Church law on this matter, and the step-by-step procedural requirements for seeking a dispensation.
What is the ultimate goal of the marriage dispensation process?
The goal is to provide a legal and canonical pathway for the dissolution of the marital bond when valid conditions for non-consummation and just cause are met.
What scientific or legal method is employed?
The work utilizes a canonical-legal analysis, examining relevant canons from the 1983 Code of Canon Law and interpreting them alongside historical ecclesiastical precedents.
What does the main body cover?
It covers the petition stage, the instruction of the case by the tribunal, the collection of evidence, expert reports, and the transmission of acts to higher authorities.
Which keywords best describe the work?
Key terms include Canon Law, non-consummated marriage, dispensation, Apostolic See, and the marital bond.
How is the role of the diocesan Bishop defined in these cases?
The Bishop acts as the authority responsible for receiving the petition and arranging for the instruction of the case, though he does not grant the final dispensation.
Why is the "Ex Publico" decretal mentioned?
It is cited as a historically significant document where Pope Urban III established doctrinal reasons justifying the dissolution of non-consummated marriages due to specific health conditions.
How is evidence handled during the process?
Evidence is collected through witness testimonies and physical reports, ensuring that the tribunal has moral certitude regarding the facts before proceeding.
- Citar trabajo
- Ignatius Ayivor (Autor), 2010, The Process of Dispensation in The Catholic Church. Non-consummated Marriage, Múnich, GRIN Verlag, https://www.grin.com/document/383577
