Validation of marriage
Process in Catholic canon law
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In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid.[1] Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent.[2][3] However, the children of a putative marriage are legitimate.[4]
Simple convalidation
If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation.[2]
"To convalidate a marriage which is invalid because of a diriment impediment, it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent."[5] "The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning." [6] "If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of can. 1127".[7]
Radical sanation
A bishop can give a dispensation to an impediment, giving the marriage retroactive validation called radical sanation or sanatio in radice (Latin: "healing in the root"). Some impediments can only be dispensed by the pope,[8] others may be dispensed by the diocesan bishop,[9] while others cannot be dispensed (consanguinity in the direct line or in the second degree of the collateral line).[10]
Sanatio in radice retroactively dispenses the impediment and makes a putative marriage valid from the time the sanatio is granted.[11] The sanatio validates a marriage by reason of a consent formerly given, but ineffective because of an impediment.[11] When the impediment is removed or dispensed, the consent is ipso facto ratified and no renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their marriage had had the external appearance of a true marriage.
