Article — Merkelbach, Pastoral Questions
Article III: Bond
- I. Notion.
"He invalidly attempts matrimony who is held by the bond of a prior matrimony, although not consummated, saving the privilege of faith." (Can. 1069, § 1.)
It is a corollary of those things which we said concerning the two properties of matrimony, namely unity and indissolubility, chap. I, art. II, §§ 1 and 2.
- II. Nature of the impediment.
This impediment is of divine law, and therefore altogether indispensable. Yet remember the exceptions explained above, with respect to the not perfect indissolubility of matrimony ratified only and of matrimony contracted in unbelief, nn. 11-14.
- Concerning proving the free state.
a) In order that it be licit to contract a new matrimony, moral certitude is required concerning the dissolution or nullity of the prior marriage. (Cf. Can. 1069, § 2.)
b) In even a slight doubt it is necessary that an authentic declaration of the Ordinary or of the Holy See be obtained concerning the death of the spouse or concerning the invalidity of the prior matrimony.
c) Permission to pass to other nuptials includes dispensation from the impediment of crime on account of adultery alone with permission of matrimony, if a license of this kind emanates from the Holy See, but not if from the Ordinary.
- IV. Penalties against violators of this impediment.
One who in bad faith attempts a new matrimony, the prior matrimony not having been dissolved, incurs these penalties:
c) Privation of the sacraments and, if he dies without signs of penitence, of ecclesiastical burial, as being a public sinner.