Point IX. On the Impediment of Prior Bond

833. • By prior bond is understood the bond of matrimony by which spouses are so bound to one another that, while both are living, neither can enter a valid matrimony with any other person.

The impediment of prior bond is founded upon two attributes of matrimony, which are indissolubility and unity. Hence it is deduced that the impediment of prior bond is of divine law.

834. Resolutions. - 1. One who in good faith believes that a spouse is dead when in fact the spouse is living, and proceeds to other nuptials, does not indeed sin, but contracts invalidly and is bound to return to the prior spouse when that spouse appears.

2. Therefore, for entering a new matrimony, the absence alone of the spouse, however great it may be, does not suffice; rather, certain and authentic proofs of death are required ¹. - Thus from Canon law, canon In praesentia 19, On Betrothals.

¹ Concerning these indications or proofs, see Schmalzgrueber, book 4, title 21, nos. 10-11.

3. The moral certitude required by law is not obtained through even a public rumor unless it is supported by some positive proof, nor through a single witness unless other indications are present, concerning which it belongs to the Bishop alone to judge. Hence in doubt recourse must always be had to the Bishop ². But while the doubt remains, he cannot permit the celebration of the matrimony. Nevertheless, the matrimony which would be celebrated in such doubt would be valid, although gravely illicit, if the spouse concerning whose death doubt existed were in fact dead.

² Giraldi, on chapter In praesentia 19, On Betrothals, perhaps too harshly requires that recourse be had to the Ordinary if there is legitimate proof only through witnesses, as though that moral certitude which, according to the opinion of all, suffices could not be had in this manner.