Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise VIII. On Matrimony › Dissertation II. On Matrimony Itself › Part II. On Matrimony, Insofar as It Is a Sacrament, Particularly › Section III. On the Reception of the Sacrament of Marriage › Chapter IV. On Dispensation from Impediments › Article III. On the Petition for a Dispensation › § III. On Drafting the Petition

point — Wouters, Manual of Moral Theology

Point III. On the Petition which Regards a Marriage Invalidly Contracted

822.

I. First, these things hold: If a dispensation is sought for the external forum, those things must be expressed which we said must be expressed in the petition for the external forum; if a dispensation is sought for the internal forum, those things must be indicated which we noted must be indicated in the petition for the internal forum.

II. Then, concerning the marriage itself, various things must be expressed according as there is question of simple convalidation or of sanation in the root (n. 830 sq. and 833).

  1. If there is question of simple convalidation, there must be opened whether the petitioners, or one or the other, contracted the marriage in good or bad faith; whether, with the banns having been published, or if omitted, whether with the banns duly dispensed, they contracted according to juridical form; finally whether both, or one or the other, consummated the marriage in good or bad faith.1

  2. If there is question of sanation in the root, besides those things to be indicated for obtaining simple convalidation, it should be indicated whether the conditions required for acquiring sanation in the root are present (n. 833).

1 Cited Instruction, p. 673.

The Petition which Regards a Marriage Invalidly Contracted

Within this division