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
- INSTRUCTION OF THE CASE OF NON-CONSUMMATION
- TRANSMISSION OF THE ACTS TO THE BISHOP
- TRANSMISSION OF THE ACTS TO THE HOLY SEE
- RESCRIPT OF DISPENSATION
- SAMPLES OF DISPENSED NON-CONSUMMATED MARRIAGE
Objectives and Key Themes
The objective of this work is to explain the process of obtaining a dispensation for a ratified but non-consummated marriage within the framework of Canon Law. It aims to clarify the definition of non-consummation, detail the canonical procedures involved, and illustrate the process with historical examples and case studies.
- Definition and implications of non-consummation in Canon Law
- Canonical procedures for obtaining a dispensation from a non-consummated marriage
- Historical context and development of the Church's teaching on dispensations
- Analysis of specific cases and their resolutions
- The role of the Pope and ecclesiastical tribunals in the dispensation process
Chapter Summaries
Introduction: This introductory section sets the stage by outlining the core topic: the dispensation of ratified but non-consummated marriages. It establishes the legal framework using Canon 1141 and 1142, highlighting the exception for non-consummated unions. The author's intent to discuss non-consummation's meaning, historical precedents, and the canonical dispensation process is clearly stated, promising a blend of legal interpretation and historical analysis, culminating in the presentation of sample cases.
Preliminaries: This chapter delves into the foundational concepts crucial for understanding the dispensation process. It begins by defining "non-consummation," clarifying the specific conditions under Canon 1061 §1 required for a marriage to be considered consummated. The emphasis is on the conjugal act's nature – human and oriented towards procreation – excluding any form of contraception. The chapter then explores the canonical provisions (cc 1697-1706) governing dispensations, highlighting the legal framework within which the process operates. Finally, it provides a historical overview, focusing on the contributions of Pope Alexander III in shaping the Church's doctrine on marriage and dispensation, tracing the evolution of understanding surrounding the marital bond and its dissolution.
PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE: This section lays out the step-by-step procedure for obtaining a dispensation. It details the petition process, including who can apply and who has the authority to grant the dispensation. The chapter also outlines the crucial instruction phase, explaining the examination of the case, roles of relevant figures, and the processes of witness testimonies and expert reports. The significance of the act's publication, transmission to the Bishop and Holy See, and finally the issuance of the Rescript of Dispensation, are all explained. This meticulous guide provides a comprehensive overview of the canonical path to obtaining a dispensation.
Keywords
Canon Law, Non-Consummation, Dispensation, Marriage, Ratified Marriage, Canonical Process, Pope Alexander III, Ecclesiastical Tribunal, Conjugal Act, Procreation.
Frequently Asked Questions: A Guide to Dispensations for Ratified, Non-Consummated Marriages
What is the main topic of this document?
This document provides a comprehensive overview of the process of obtaining a dispensation for a ratified but non-consummated marriage within the framework of Canon Law. It explains the definition of non-consummation, details the canonical procedures, and illustrates the process with historical examples and case studies.
What are the key themes explored in this document?
The key themes include the definition and implications of non-consummation in Canon Law; the canonical procedures for obtaining a dispensation; the historical context and development of the Church's teaching on dispensations; analysis of specific cases and their resolutions; and the role of the Pope and ecclesiastical tribunals in the dispensation process.
What is the definition of a non-consummated marriage according to this document?
The document clarifies the definition of non-consummation based on Canon 1061 §1, emphasizing that the conjugal act must be human and oriented towards procreation, excluding any form of contraception. The document further explores the specific conditions that must be met for a marriage to be considered consummated.
What are the steps involved in the process of obtaining a dispensation for a non-consummated marriage?
The process is detailed step-by-step, covering the petition, instruction of the case (including witness testimonies and expert reports), transmission of the acts to the Bishop and the Holy See, and the issuance of the Rescript of Dispensation. The document clearly outlines the roles of various figures involved in the process.
What is the historical context of dispensations for non-consummated marriages?
The document provides a historical overview, tracing the evolution of the Church's understanding of marriage and dispensation, focusing on the contributions of Pope Alexander III and the development of the legal framework governing dispensations (cc 1697-1706).
Who has the authority to grant a dispensation for a non-consummated marriage?
The document explains who can apply for a dispensation and who possesses the authority to grant it, detailing the roles of the Pope and ecclesiastical tribunals within the canonical process.
What kind of case studies or examples are included?
The document promises to provide sample cases and illustrations to clarify the dispensation process, though specific cases are not explicitly detailed in the summary.
What are the relevant Canon Law references?
The document references Canon 1141 and 1142 as establishing the legal framework for exceptions for non-consummated unions, and canons 1697-1706 regarding dispensations. Canon 1061 §1 is cited concerning the definition of consummation.
What are the key words associated with this topic?
Key words include: Canon Law, Non-Consummation, Dispensation, Marriage, Ratified Marriage, Canonical Process, Pope Alexander III, Ecclesiastical Tribunal, Conjugal Act, Procreation.
- Quote paper
- Ignatius Ayivor (Author), 2010, The Process of Dispensation in The Catholic Church. Non-consummated Marriage, Munich, GRIN Verlag, https://www.grin.com/document/383577
