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IMPEDIMENTS

 Impediments are obstacles that render a person incapable of contracting a valid


marriage. For special cases, the Church can dispensate from the impediments of
ecclesiastical law, but cannot dispensate from the impediments of divine law – those
declared directly by God. The impediments are the following:
1. Abduction, force or grave fear
 No marriage can exist when a party was kidnapped in view of contracting
marriage or married by reason of force or of grave fear.
2. Affinity
 The impediment extends to any degree of the direct line of affinity, which is the
relationship existing between one spouse and the blood relatives of the other
spouse (son-in-law and mother-in-law).
3. Age
 A man cannot validly enter marriage before completing 16 years of age or a
woman 14. In the Philippines, for a lawful celebration of marriage, the parties
should be 18; until 21 they also need their parents’ consent.
4. Consanguinity
 Marriage is invalid between those related by consanguinity (or by adoption) in
all degrees of the direct line (parents and children, grandparents and
grandchildren) or in the second degree of the collateral line (brothers and
sisters). The impediment of consanguinity in the third and fourth degree of
collateral line (first cousins; nephews and uncles) can be dispensed by the
Church.
5. Crime
 Whenever someone with a view of entering marriage with a particular person
has killed that person’s spouse or his own spouse.
6. Deceit
 The marriage is invalid when one or two parties was deceived concerning some
quality of the other party, which of its very nature can seriously disrupt the
partnership of conjugal life.
7. Disparity of cult
 The marriage between a Catholic and a non-baptized is invalid, unless the
Church has granted dispensation.
8. Error
 The marriage is invalid when one party has married another rather than the
person he intended; or when the party was mistaken about an important quality
of the other party which was directly and principally intended for the marriage.
9. Impotence
 Antecedent and perpetual incapacity to have sexual intercourse by nature
invalidates a marriage. Sterility neither forbids nor invalidates a marriage.
10. Lacking sufficient use of reason
 Those who do not have sufficient use of reason to understand the essential
matrimonial rights and obligations or those that because of causes of
psychological nature are unable to assume the essential obligations of marriage,
cannot a contract a valid marriage.
11. Previous religious marriage
 A person bound by a previous valid religious marriage cannot contract another
religious marriage, unless the other spouse is dead or the Church has issued a
declaration of nullity.
12. Public propriety
 A partner of a public concubinage or of an invalid marriage cannot validly
marry those related by consanguinity in the direct line to the other party.
13. Sacred orders and perpetual vow of chastity
 The clergy and the religious cannot contract a valid marriage. It can be
dispensed by the Church.

 The declaration of nullity is a Church’s declaration that a certain marriage was null and
void – it never existed – because there was an impediment or the consent was not free.
Marriage enjoys the favour of law. Consequently, in doubt, the validity of a marriage
must be upheld until the contrary is proven. A marriage which is ratified (celebrated)
and consummated (the spouses have involved in the conjugal act) cannot be dissolved
by any human power or by any cause other than death. A marriage ratified but not
consummated can be dissolved by the Pope for a just reason.

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