Chapter II: Of Impediments in General

All can contract marriage who are not prohibited by law.

§ 1. An impeding impediment contains a grave prohibition of contracting marriage; nevertheless, if marriage is contracted notwithstanding the impediment, it is not rendered invalid.

§ 2. A diriment impediment both gravely prohibits the marriage to be contracted, and prevents it from being contracted validly.

§ 3. Although the impediment exists on only one side, nevertheless it renders the marriage either illicit or invalid.

An impediment is considered public which can be proved in the external forum; otherwise it is occult.

§ 1. It belongs only to the supreme ecclesiastical authority to declare authentically when divine law impedes or invalidates marriage.

§ 2. To the same supreme authority exclusively belongs the right of establishing for the baptized, by way of law, whether universal or particular, other impediments impeding or diriment for marriage.

§ 1. Local Ordinaries can forbid marriages in a particular case to all actually dwelling in their territory and to their subjects even outside the limits of their territory, but only for a time, for a just cause and while it endures.

§ 2. Only the Apostolic See can add an invalidating clause to a prohibition.

Besides the Roman Pontiff, no one can abrogate impediments of ecclesiastical law, whether impeding or diriment, or derogate from them; likewise no one can dispense in the same, unless this power has been granted by common law or by special indult from the Apostolic See.

A custom introducing a new impediment or contrary to existing impediments is reprobated.

§ 1. Some impediments are of lesser degree, others of greater degree.

§ 2. Impediments of lesser degree are:

1° Consanguinity in the third degree of the collateral line.

2° Affinity in the second degree of the collateral line.

3° Public propriety in the second degree.

4° Spiritual relationship.

5° Crime from adultery with a promise or attempted marriage, even by a merely civil act.

§ 3. All other impediments are of greater degree.

When danger of death urges, local Ordinaries, for providing for conscience and, if the case warrants, for the legitimation of offspring, can dispense their own subjects dwelling anywhere and all actually staying in their own territory, both concerning the form to be observed in the celebration of marriage and concerning all and individual impediments of ecclesiastical law, whether public or occult, even multiple, except impediments arising from the sacred order of the presbyterate and from affinity in the direct line when the marriage has been consummated, scandal being removed, and, if a dispensation is granted concerning disparity of cult or mixed religion, the customary cautions having been furnished.

In the same circumstances of things of which in can. 1043, and only for cases in which not even the local Ordinary can be approached, the same faculty of dispensing is possessed both by the pastor, by the priest who assists at the marriage according to the norm of can. 1098, n. 2, and by the confessor, but this latter only for the internal forum in the act of sacramental confession.

§ 1. Local Ordinaries can, under the clauses established at the end of can. 1043, grant a dispensation concerning all impediments of which in the cited can. 1043, as often as an impediment is detected when everything is already prepared for the wedding, and the marriage cannot be deferred, without probable danger of grave evil, until a dispensation is obtained from the Holy See.

§ 2. This faculty is valid also for the convalidation of a marriage already contracted, if the same danger exists in delay and there is not time for recourse to the Holy See.

§ 3. In the same circumstances of things, all those of whom in can. 1044 enjoy the same faculty, but only for occult cases in which not even the local Ordinary can be approached, or only with danger of violation of the secret.

The pastor or priest of whom in can. 1044 is immediately to make the local Ordinary certain concerning a dispensation granted for the external forum; and it is to be noted in the book of marriages.

Unless a rescript of the Sacred Penitentiary bears otherwise, a dispensation granted in the non-sacramental internal forum concerning an occult impediment is to be noted diligently in a book to be preserved in the secret archive of the Curia of which in can. 379, nor is another dispensation for the external forum necessary, even if later the occult impediment becomes public; but it is necessary if the dispensation had been granted only in the sacramental internal forum.

If a petition for dispensation has been sent to the Holy See, local Ordinaries are not to use their faculties, if they have any, except according to the norm of can. 204, Sec. 2.

§ 1. In marriages either contracted or to be contracted, one who enjoys a general indult of dispensing concerning some certain impediment can, unless something else is expressly prescribed in the indult itself, dispense concerning it even if the same impediment is multiple.

§ 2. One who has a general indult of dispensing concerning several impediments of diverse species, whether diriment or impeding, can dispense concerning the same impediments, even public ones, occurring in one and the same case.

If at any time, with an impediment or public impediments concerning which someone can dispense from indult, another impediment concurs concerning which he cannot dispense, the Apostolic See must be approached for all; if, however, the impediment or impediments concerning which he can dispense are discovered after the dispensation has been obtained from the Holy See, he will be able to use his faculties.

Through a dispensation granted concerning a diriment impediment, whether from ordinary power or from delegated power by general indult, but not by rescript in particular cases, the legitimation of offspring is also granted by that very fact, if any has already been born or conceived from those with whom the dispensation is given, except however adulterine and sacrilegious offspring.

A dispensation from the impediment of consanguinity or affinity, granted in some degree of impediment, is valid, although an error concerning the degree has slipped into the petition or into the grant, provided that the degree really existing is lower; or although another impediment of the same species in an equal or lower degree has been kept silent.

A dispensation given by the Holy See concerning a ratified and non-consummated marriage, or permission given for passage to other nuptials on account of the presumed death of the spouse, always carries with itself a dispensation from an impediment arising from adultery with a promise or attempted marriage, if any is needed, but by no means a dispensation from the impediment of which in can. 1075, nn. 2, 3.

A dispensation granted from a lesser impediment is invalidated by no defect either of obreption or subreption, even if the one final cause set forth in the petitions was false.

Dispensations concerning public impediments committed to the Ordinary of the petitioners are to be executed by the Ordinary who gave the testimonial letters or transmitted the petitions to the Apostolic See, even if the spouses, at the time when execution must be given to the dispensation, have left the domicile or quasi-domicile of that diocese and departed into another diocese, no longer to return, yet with the Ordinary of the place in which they desire to contract marriage being notified.

Except for some modest payment under the title of chancery expenses in dispensations for non-poor persons, local Ordinaries or their officials, any contrary custom being reprobated, cannot exact any emolument on the occasion of a granted dispensation, unless this faculty has expressly been given to them by the Holy See; and if they have exacted it, they are bound to restitution.

Those who grant a dispensation from power delegated by the Apostolic See are to make express mention of the pontifical indult in the same dispensation.