Pre-nuptial Investigations

Obstacles to Marriage.—Since marriage is a most important contract and a Sacrament, it is necessary to ascertain beforehand with moral certainty that there is no obstacle to its valid and lawful celebration. This imposes duties on the pastor, the couple themselves, and the faithful who know them.

(a) The pastor in virtue of his office is gravely obliged to make inquiries about the competency and fitness of the prospective husband and wife, and even in a death-bed marriage the obligation does not cease. Church law prescribes the method of inquiry, which should include an examination and instruction of the couple and a publication of the marriage. Of course, there is an obligation of confidential secrecy.

(b) The couple are bound to present themselves to the pastor within a reasonable time before the marriage in order to make these arrangements, and should bring with them the necessary papers (for example, their baptismal certificates, license to marry, testimonials). They are gravely obliged to make known either to the pastor or to the confessor any impediment, even though it be of a secret and culpable nature, in order that their marriage may be valid and lawful, unless they wish to give up the marriage or seek a dispensation in some other way.

(c) The people who know of an impediment to a marriage are bound under pain of mortal sin to make it known in time to the pastor or Ordinary; for the natural and divine laws, as well as the law of the Church, hold one to speak when this will prevent irreverence to the Sacrament of Matrimony, sin and other serious evils to the neighbor. The obligation ceases, however, when the revelation is either impossible or useless. Cases of impossibility are those in which revelation will cause great spiritual harm (e.g., public scandal), or great temporal harm of a public kind (e.g., violation of professional secret), or a great temporal harm of a private kind (e.g., persecution), unless a more serious evil will result from concealment. Revelation is useless when the marriage can be stopped or made legal in some other way (e.g., by persuading the couple to break their engagement or get a dispensation), or when one foresees that the revelation will have no effect.

836. Matter to be treated. - Before matrimony is celebrated, it must be established that nothing stands in the way of its valid and licit celebration (can. 1019, § 1). But the manner in which this must be established by positive arguments is diverse in danger of death and outside this danger.

a) In danger of death, if other proofs cannot be had, there suffices, unless contrary indications are present, the sworn affirmation of the contracting parties that they are baptized and are held by no impediment (can. 1019, § 2).

b) Outside danger of death, the pastor is bound by office 1) to institute the examination of the spouses (can. 1020, § 1); and 2) publicly to announce the matrimony through the publications of banns (can. 1022): lest namely any matrimony ever be contracted whose valid or licit celebration something would impede.

837. The examination of the spouses is to be instituted, so that it may be established that nothing stands in the way of the matrimony to be celebrated by the spouses, whereby it could not be celebrated validly and licitly. Concerning this, the following ordinances of law are to be attended to.

I. "The pastor to whom belongs the right of assisting at the matrimony, at a suitable time beforehand, shall diligently investigate whether anything stands in the way of the matrimony to be contracted" (can. 1020, § 1).

The pastor, by force of his office, is bound under grave matter to make that investigation, because he is bound to procure those things which are required for the valid and licit administration of the sacraments; whence he is bound to do this to whom belongs the right of assisting at the matrimony, and indeed at a suitable time beforehand, i.e., before the proclamations are publicly announced, and diligently, because the matter is one of great moment. Let him personally carry out the examination, unless a just cause excuses him.

But if the right of assisting at the matrimony belongs to several, the pastor of the bride is to be preferred; but with his consent the pastor of the groom also can institute the examination and procure the other necessary things. And if the groom is impeded from going to the place of the bride for undergoing the examination, his pastor, at the request of the pastor of the bride, institutes the examination and transmits testimony of it to the pastor of the bride. These things also could be introduced by usage or perhaps by a particular statute of the diocese.

Before he proceeds to the examination, the pastor should first inquire: a) whether in fact he has the right of assisting at the matrimony, or at least of examining the spouses; b) in which parishes the publications are to be made; c) whether the future spouses are of their own right or minors, namely, in order to the consent of parents.

II. "Let him question both the groom and the bride, also separately and cautiously,

1° whether they are held by any impediment,

2° whether they give consent freely, especially the woman,

3° and whether they are sufficiently instructed in Christian doctrine, unless by reason of the quality of the persons this last questioning appears useless" (can. 1020, § 2).

And so the examination is to be instituted:

1° Concerning diriment and impeding impediments, and indeed always, even as far as possible in danger of death: first in the presence of the spouses together for public impediments, then with the groom and bride separately and prudently for occult impediments, especially if they imply sin, concerning which the pastor could prudently warn that there is no obligation of revealing to him an infamous impediment, but that it can also be declared to a confessor who will procure the dispensation.

The pastor should diligently investigate concerning the degree of consanguinity or affinity by which perhaps the future spouses are joined, and should carefully explore whether they are bound by the impediment of bond. Wherefore, if the case requires, inquiry should be made concerning the death of a preceding spouse, concerning a sentence of nullity of matrimony, concerning a dispensation over ratified and non-consummated matrimony, all legitimate documents relevant to the matter having been gathered (S. C. Sacr., June 29, 1941).

Nor should inquiry be made only concerning impediments properly so called, but concerning all things which can stand in the way of entering matrimony licitly, such as apostasy from the Church, enrollment in a condemned society, the state of a public sinner or a notorious censure, reasonable opposition of parents (can. 1065, 1066, 1034), a pledge made to others, a civil formality not yet fulfilled or a legal license to be obtained, etc.

2° Always also concerning the liberty of matrimony, especially with the bride, namely, concerning the free choice of matrimony and with such a person, so that neither party enters the union deceived by simplicity or fraud, nor seduced by importunate prayers or occasions, nor coerced by force and fear.

Nor should he acquiesce when perhaps negative responses have been given by them, the S. Cong. Sacr. warns on June 29, 1941, but he should also carry out other investigations for more securely proving the liberty of consent. Pastors should carefully weigh that one of the principal heads of nullity of marriages which are brought to ecclesiastical tribunals consists in force or fear having been brought to bear.

If in some place there are found those who presume to enter nuptials with some condition or intention added, whether suspensive or invalidating of consent, the pastor should strive with every effort to turn the future spouses away from adding conditions of this kind to matrimony, and to induce them to retract those perhaps already added. But as to the legitimate addition of some condition concerning the future, present, or past, the pastor should consult the Ordinary and obey his commands.

3° Concerning Christian doctrine, which is never to be omitted, unless the pastor knows with certainty from elsewhere that the spouses are sufficiently instructed. Let him inquire:

a) Concerning necessary knowledge, both generally 1. of truths which must be known by necessity of means and of precept, which spouses ought to know not only for their own salvation, but also for the salvation of future offspring to be educated by them; - and especially 2. of the obligations and ends of the conjugal state. Therefore "let the pastor not omit, according to the diverse condition of persons, to teach the spouses the sanctity (and indissolubility) of the sacrament of matrimony, the mutual obligations of spouses, and the obligations of parents toward offspring" (can. 1033); nevertheless this instruction is not always to be made together with the examination itself of the spouses, but sometimes can more opportunely be deferred so that it may be done shortly before matrimony.

But if someone is found ignorant of Christian doctrine, the pastor should teach him, or see that he is taught, at least the first elements of Christian doctrine; but if he refuses, he is not for that reason to be rejected from matrimony (com. int., June 2, 1918): for he is not a public sinner.

b) Furthermore, concerning Baptism. "Unless Baptism was conferred in his own territory, the pastor shall require the testimony of Baptism from both parties, or from the Catholic party only, if there is question of matrimony to be contracted with dispensation from the impediment of disparity of worship" (can. 1021, § 1); whence, if there is question of matrimony of mixed religion, the testimony of Baptism must also be required from the non-Catholic party.

The code also adds: "Catholics who have not yet received the sacrament of Confirmation shall receive it, before they are admitted to matrimony, if they can do this without grave inconvenience" (can. 1021, § 2), because afterward it is less easily received and more frequently neglected. Concerning the sacraments inquiry must be made, legitimate documents having been gathered. The testimony of Baptism ought to be recent, nor written before six months prior to the matrimony being entered. 1 (S. C. Sacr., June 29, 1941).

But if testimony concerning Baptism received cannot be had, the affirmation of one witness above every exception, or the oath of the subject himself, if he received the sacrament in adult age, suffices (can. 779). Nevertheless the pastor should not easily believe the affirmation, even sworn, of the future spouses that they have been baptized, unless this is certainly established to him from elsewhere; and let him seek the testimony of the pastor of the place of origin of the future spouses (S. C. Sacr., June 29, 1941). But if every proof should be lacking or, investigation having been made, a probable doubt concerning the validity of Baptism should remain, the Catholic would have to be rebaptized under condition; and if certainly he had not been baptized, or certainly not validly, he would have to be baptized absolutely.

c) Finally, concerning the preparation for matrimony through the reception of the sacraments. The pastor should "vehemently exhort" the spouses "that before the celebration of matrimony they diligently confess their sins and piously receive the most holy Eucharist" (can. 1033).

III. "It belongs to the Ordinary of the place to give peculiar norms for an investigation of this kind by the pastor" (can. 1020, § 3).

Therefore he can prescribe the manner to be followed in inquiring concerning impediments or in examining spouses, and diocesan statutes issued concerning this matter retain their force.

1. The testimony of Baptism is required to be recent, which also greatly serves for detecting impediments, since in more recent time in the book of the baptized there are also noted matrimony, if they have entered any, or subdiaconate received, or solemn profession (can. 470, § 2).

842. Office of the pastor. - When publications have begun or have been completed, either a doubt can have arisen concerning some impediment, - or a certain impediment has been detected, - or none has been detected, neither certain nor doubtful.

A. "When a doubt has arisen concerning the existence of some impediment:

1° The pastor should investigate the matter more accurately, questioning under oath at least two witnesses worthy of faith, provided there is not question of an impediment from whose knowledge infamy would arise for the parties, and, if it is necessary, the parties themselves also.

2° He should carry out or complete the publications, if the doubt arose before the publications were begun or completed.

3° Let him not assist at the matrimony, without the Ordinary being consulted, if he has prudently judged that the doubt still remains" (can. 1031, § 1).

B. "When a certain impediment has been detected:

1° If the impediment is occult, the pastor should carry out or finish the publications, and refer the matter, suppressing the names, to the local Ordinary or to the Sacred Penitentiary.

2° If it is public and is detected before the publications have begun, the pastor should proceed no further until the impediment is removed, even if he knows that dispensation for the forum of conscience only has been obtained; if it is detected after the first or second publication, the pastor should complete the publications and refer the matter to the Ordinary" (can. 1031, § 2).

C. "Finally, if no impediment has been detected, neither doubtful nor certain:

The pastor, the publications having been completed, shall admit the parties to the celebration of matrimony" (can. 1031, § 3).

843. Notices. - 1. "When the investigations and publications have been completed, let the pastor not assist at matrimony before he has received all necessary documents, and besides this, unless a reasonable cause demands otherwise, three days have passed from the last publication" (can. 1030, § 1). Whence if the last publication took place on Sunday, matrimony of itself can be contracted only on Thursday, conformably to can. 34, § 3, 3°.