Article I: Concerning Matrimonial Dispensation in General

177. • I. Notion.

Dispensation, as it regards the impediments of matrimony, can be defined: the relaxation of an ecclesiastical impediment invalidating or prohibiting matrimony, in a particular case, made by the legislator or by his delegate.

178. • II. Division.

Dispensation from impediments of matrimony is distinguished in many ways:

a) For the external forum, which is granted for a public impediment.

For the internal forum, which is granted for an occult impediment.

Again, dispensation for the internal forum is subdivided: for the sacramental forum and for the non-sacramental forum, according as it is given within or outside the administration of the sacrament of penance.

A dispensation given in the external forum is valid also for the internal forum.

Given in the internal forum, it is valid only in conscience.

If afterwards the impediment becomes public, unless the dispensation was given only in the sacramental forum or unless a rescript of the Sacred Penitentiary provides otherwise, a new dispensation in the external forum is not necessary. (Can. 1047.)

b) A dispensation for contracting matrimony, and the convalidation of a matrimony already contracted.

c) A pontifical dispensation, which is given by the Roman Pontiff immediately or through the organ of the Sacred Congregations; and a non-pontifical dispensation, which is given by others.

d) In gracious form, which is immediately granted to the petitioner himself and directed to him;

In commissory form: which is committed to a third person to be executed.