Define: Canonical Impediment

Canonical Impediment
Canonical Impediment
Quick Summary of Canonical Impediment

Canonical Impediment refers to a legal barrier in the Catholic Church that prohibits a person from marrying, such as a previous unannulled marriage, close blood relationship, or vow of celibacy. Only the proper Church authority can lift a canonical impediment.

Full Definition Of Canonical Impediment

A canonical impediment refers to a legal barrier that prevents an individual from entering into a valid marriage as per the Catholic Church’s laws. This obstacle may arise due to various factors, including a previous unannulled marriage, a close blood relationship, or a vow of celibacy. For instance, if a person has been previously married without obtaining an annulment, they would be deemed to possess a canonical impediment to marrying another individual within the Catholic Church. Similarly, if two individuals are closely related, such as siblings or first cousins, they would also face a canonical impediment to marriage. In such cases, individuals often seek the guidance of canon lawyers, who possess expertise in canon law, to determine the existence of a canonical impediment. These professionals assist individuals in navigating the intricate rules and regulations of the Catholic Church to ensure the validity of their marriage.

Canonical Impediment FAQ'S

A canonical impediment is a legal obstacle that prevents a person from being able to validly enter into a marriage according to the laws of the Catholic Church.

Examples of canonical impediments include a prior existing marriage, a lack of proper consent, or a close blood relationship between the parties.

A canonical impediment can be resolved through a process known as a declaration of nullity, in which the Church determines that the impediment was present at the time of the marriage and therefore the marriage is invalid.

In some cases, a canonical impediment can be dispensed with by the Church, allowing the marriage to proceed despite the impediment.

If a marriage is entered into despite the presence of a canonical impediment, it may be considered invalid by the Church and may be subject to annulment proceedings.

To determine if a canonical impediment applies to your situation, it is best to consult with a knowledgeable priest or canon lawyer who can provide guidance based on the specific circumstances.

While a canonical impediment may affect the validity of a marriage in the eyes of the Catholic Church, it does not necessarily impact the legal validity of the marriage under civil law.

A canonical impediment is not grounds for divorce, as divorce is a civil legal process that is separate from the Church’s determination of the validity of a marriage.

In some cases, a person who knowingly enters into a marriage despite the presence of a canonical impediment may be subject to ecclesiastical penalties, including excommunication.

If you suspect that a canonical impediment may apply to your marriage, it is important to seek guidance from a priest or canon lawyer to understand your options and the potential implications for your marriage.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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