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Christian Marriage As Distinct From Natural Marriage - WHAT IS THE DISTINCTION?

This document discusses the differences between natural marriage and Christian marriage, as well as the concepts of convalidation and radical sanation under canon law. Christian marriage is distinct in that it acquires a distinctive firmness through the sacrament, while natural marriage contains the natural elements of marriage. Convalidation celebrates the sacrament of marriage for a couple who were previously married civilly. Radical sanation heals an invalid marriage without renewing consent, by dispensing impediments and retroactively granting canonical effects, provided both parties' consent perseveres and any impediments are addressed. It requires the bishop's approval and intent from the Catholic party to ensure children are baptized Catholic.

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131 views

Christian Marriage As Distinct From Natural Marriage - WHAT IS THE DISTINCTION?

This document discusses the differences between natural marriage and Christian marriage, as well as the concepts of convalidation and radical sanation under canon law. Christian marriage is distinct in that it acquires a distinctive firmness through the sacrament, while natural marriage contains the natural elements of marriage. Convalidation celebrates the sacrament of marriage for a couple who were previously married civilly. Radical sanation heals an invalid marriage without renewing consent, by dispensing impediments and retroactively granting canonical effects, provided both parties' consent perseveres and any impediments are addressed. It requires the bishop's approval and intent from the Catholic party to ensure children are baptized Catholic.

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Aeb Asib Gbhert
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© © All Rights Reserved
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Gilberto Bea, CSJB Canon Law III – Matrimonial and Procedural Laws

Assignment no. 2

Christian marriage as distinct from natural marriage –WHAT IS THE DISTINCTION?


- The essential properties of marriage are unity and indissolubility; in Christian marriage they
acquire a distinctive firmness by reason of the sacrament.
- A natural marriage is a marriage that a man and a woman have when they enter into a marital
relationship containing all the natural elements that God has put into what marriage is. Thus,
even if they are not baptized Christians, they are truly a husband and a wife. While, Christian
marriage as a sacramental marriage is when two baptized persons have a valid natural
marriage and, because they are baptized, that marriage is now also a sacrament of the
Church.

What is Convalidation?
- Convalidation comes from two Latin words and means that a couple is getting married “with
validity.” A convalidation celebrated by two baptized Christians is a celebration of the
sacrament of marriage, one of the Church’s seven sacraments, all of which are gifts given to
us by Jesus Christ so that we can share in God’s life and grow closer to Him. The only
difference from any other sacramental marriage is the circumstance under which this
marriage is being celebrated, i.e., after a civil marriage ceremony has already taken place.
With the appropriate permission, a convalidation can also occur between a baptized Catholic
and a non-baptized person. Such a marriage would be valid but non-sacramental.
- According to Can. 1156 §1. 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. Wherein, Ecclesiastical law requires this
renewal for the validity of the convalidation even if each party gave consent at the beginning
and did not revoke it afterwards (Can. 1156 § 2). Likewise, it is necessary according to
Can. 1157 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. In addition, convalidation
occurs at the moment of the granting of the favor (Can.  1161 §2).
What is Radical Sanation?
- Radical sanation is from the Latin words sanatio in radice which means "healing in the
root." It can be obtained in cases where there are no existing impediments such as a previous
marriage that would require an annulment. A radical sanation is the healing of an invalid
marriage so that the marriage becomes a recognized marriage in accordance with the Canon
Laws of the Church. This is done without a ceremony. Wherein, after obtaining a radical
sanation, the Catholic party can now receive the Sacraments of the Catholic Church,
including the Holy Eucharist during Holy Mass.
- According to Canon Law # 1161 §1, "The radical sanation of an invalid marriage is its
convalidation without the renewal of consent, which is granted by competent authority and
entails the dispensation from an impediment, if there is one, and from canonical form, if it
was not observed, and the retroactivity of canonical effects." But there mus be certain
conditions to be apply before a radical sanation can take place. These are the following
conditions or steps:
 Both parties must have the intent of persevering in their conjugal life. Otherwise a
radical sanation cannot be granted.
 Canon Law # 1163 §1. "A marriage which is invalid because of an impediment or a
defect of legitimate form can be sanated provided that the consent of each party
perseveres."
 Both parties (a) must have consented to the marriage (b) at the same time. This
simultaneous consent had to include all the essential requirements of a valid marriage
(e.g. monogamy, fidelity, permanence and openness to children). This consent must
still exist at present unless one party has indicated otherwise.

 Canon Law # 1162 §1. "A marriage cannot be radically sanated if consent is lacking
in either or both of the parties, whether the consent was lacking from the beginning
or, though present in the beginning, was revoked afterwards."
 Any impediments that are present, they must be taken care of. In many cases, such is
achieved by obtaining a radical sanation. When marrying outside the Catholic
Church, such as before a Justice of the Peace, the marriage was invalid because of a
"Defect of Form." That means that the parties failed to obtain a dispensation from the
Bishop for a marriage ceremony outside of the Catholic Church.
 Some impediments cannot be dispensed. For example, if one of the spouses was
married before and a decree of nullity (annulment) has not been obtained, then the
previous marriage is still valid. If the previous spouse has died, then the impediment
has been removed and the radical sanation can proceed.
 Canon Law # 1163 §2. "A marriage which is invalid because of an impediment of
natural law or of divine positive law can be sanated only after the impediment has
ceased."
 In a situation where the non-Catholic spouse would get extremely upset over the
process of a radical sanation, for the sake of peace, he/she does not have to be told.
The "radical sanation" process can be granted in secret. There has to be a serious
reason for this rule to apply, not just an supposition of a reaction.
 Canon Law # 1164 "A sanation can be granted validly even if either or both of the
parties do not know of it; nevertheless, it is not to be granted except for a grave
cause."
 A radical sanation is normally granted by the local Bishop.
 Canon Law # 1165 §2. "The diocesan bishop can grant a radical sanation in
individual cases even if there are several reasons for nullity in the same marriage,
after the conditions mentioned in Canon. 1125 for the sanation of a mixed marriage
have been fulfilled. He cannot grant one, however, if there is an impediment whose
dispensation is reserved to the Apostolic See according to the norm of Canon. 1078,
§2, or if it concerns an impediment of natural law or divine positive law which has
now ceased."
 The most important of all the aforementioned, the Catholic party applying for the
radical sanation is to declare that he/she will remain a Catholic and he/she will do all
what he/she can in his/her capacity to ensure the children are baptized and brought up
in the Catholic faith.
 Canon Law # 1125 1/ "the Catholic party is to declare that he or she is prepared to
remove dangers of defecting from the faith and is to make a sincere promise to do all
in his or her power so that all offspring are baptized and brought up in the Catholic
Church;"

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