§ 2. On the Convalidation of a Matrimony by a Simple Dispensation

877. For the sake of clarity, we distinguish a convalidation of this kind a) in danger of death, b) in a case of urgent necessity, c) in ordinary cases.

a) In danger of death, pseudo-spouses can easily, according to the discipline now in force, obtain a dispensation from all diriment impediments of ecclesiastical law, except the impediments of affinity in the direct line and the order of the priesthood. Therefore, any priest can convalidate an invalid matrimony by a simple dispensation if either pseudo-spouse is in danger of death. This faculty of dispensing and the conditions required were already discussed above, nn. 773 and 860.

b) In a case of urgent necessity, all those things must be observed which were said above, n. 860 ff., concerning the faculty of dispensing granted to local Ordinaries and other priests.

c) In ordinary cases, the pseudo-spouses must obtain, for the convalidation of their matrimony, a dispensation from the impediments standing in the way of validity. As regards the form of renewing consent, the same things hold which were said in the preceding paragraph. This simple dispensation is to be recommended when both spouses are prepared explicitly to renew matrimonial consent; but if it is foreseen that either party will not renew consent, not a simple dispensation but rather a radical sanation must be sought.