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The Convalidation of a Marriage Invalid on Account of Defect of Form
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Wouters, Manual of Moral Theology
Vol. II, Bk. III, Tr. VIII, Diss. II, Appendix I. On Invalid Mar…, Pt. II, Sect. I, Chapter III. On the Convalidation of a Marriage Invalid on Account of Defect of Form
Preliminary note. Here belong, for example, marriages entered merely civilly by those who are bound to ecclesiastical form. Moreover:
A marriage null on account of defect of form, in order that it become valid, must be contracted anew in legitimate form (canon 1137); and indeed, as regards liceity, publicly or occultly, according as the nullity is public or occult.
If the nullity is public, and both parties or one or the other refuses publicly or in the face of the Church to renew consent, it can be permitted by the Ordinary that the marriage be contracted, for example, in the house of the pastor before only the pastor and witnesses. Scandal, however, should be removed by making known the convalidation of the marriage.
If one party refuses to renew consent in legitimate form, a dispensation from form should be sought.
If one party refuses to renew consent, sanation in the root should be sought. In every case, however, scandal, if it is present, should be removed by making known the convalidation of the marriage.
If both parties refuse to renew consent or to renew it in legitimate form, the Church does not grant sanation in the root.
Note. Concerning the drafting of a petition for convalidation of a marriage, see n. 822. For convenience there follow:
Forms Of Petitions.
I.
For The External Forum.
Most Blessed Father.
(Your Most Reverend Excellency).1
Peter N., of the diocese of N., and Anna N., my parishioner, entered marriage in the form prescribed by law. Afterward the public impediment of affinity in the second degree of the collateral line became known. They humbly ask for a dispensation, so that the invalidly contracted marriage may be convalidated. (If offspring has been born or conceived, let there be added: They also obtain the legitimation of the offspring.)
And God...
N. N., pastor at... Diocese...
II.
For The Internal Forum.
Most Eminent and Most Reverend Lord.
Caius and Caia in good faith entered marriage in the form prescribed by law. Afterward, however, in the internal forum an occult impediment became known, contracted from adultery and from a promise of future marriage mutually made to each other during the marriage by which one or the other, or both, parties were formerly bound.
That the marriage, whose nullity is known to both, or to one or the other, party, may be convalidated, the confessor humbly asks that the impediment be removed.
May Your Eminence deign to direct the response to me, the undersigned confessor.
1 If the Ordinary is able to dispense.
Merkelbach, Pastoral Questions
Ch. VIII, Art. II, § 3. Convalidation of Matrimony Invalid from Defect of Form
Sabetti-Barrett, Compendium of Moral Theology
Vol. II, Tr. XVIII, Chapter IX. On the Revalidation of Marriage
A marriage can be invalid 1°. on account of defect of consent; 2°. on account of defect of the prescribed form, namely on account of clandestinity; 3°. on account of the inability of the parties induced by force of some ecclesiastical impediment. - Hence: