A diriment impediment renders a person unqualified to contract marriage validly. Diriment originates from Latin, dirimere to hinder, to stop, or to eliminate.
Public and Occult Impediments:
An impediment is public if there are witnesses who are aware of the facts and are ready to testify to it or there are documents to prove its existence. Hence, if an impediment is not public it will be occult.
IMPEDIMENTS IN THE CHURCH:
1. AGE:
Though generally acceptable age in most countries is 18; according to cannon law 1083: a man before he has completed his sixteenth year of age and a woman before she has completed her fourteen year of age cannot enter into a valid marriage, these ages are subject to law governing a particular diocese or even a particular state
2. PHYSICAL IMPOTENCE:
To constitute an impediment, impotence must be antecedent (before) marriage and perpetual (permanent/lasting forever).
Antecedent and perpetual impotence to have intercour** whether on the part of the man or the woman, whether absolute or relative nullifies the marriage
The impediment of impotence consists in the inability of a man or a woman to complete normally a sexu** intercour**.
The counterpart of impotence is potency, which is the capacity to perform an act for the generation of offspring. Potency consists of erection of the peni*, penetration of vagin*, and ejaculation. For the woman, she has to possess the vagin* and the capacity to receive peni*.
3. PREVIOUS MARRIAGE:
A person bound by the bond of a prior marriage, even if it was not consummated, cannot validly contract another marriage/invalidly attempt marriage
4. DISPARITY OF RELIGION:
A marriage between two persons, one of whom has been baptized in the Catholic Church or received into it and the other of whom is not baptized is invalid. An impediment exists here because it touches the ability of the Catholic party to practice the faith with devotion and to raise the children according to Catholic doctrines.
5. SACRED ORDERS:
Impediment flows from the law of celibacy and holds for bishops, priests, and deacons.
6. PUBLIC PERPETUAL VOW:
Persons who have taken a public perpetual vow of chastity in a religious institute invalidly attempts marriage
7. ABDUCTION:
No marriage can exist between a man and a woman who has been abducted or at least detained with a view of contraction marriage with her unless the woman choose marriage of her own accord after she has been separated from the captor and established in a safe and free place.
The essential elements that lead to impediments are: the person abducted must be a woman, the abduction is done against the will of the person, and the motive is for marriage
8. ABDUCTION:
No marriage can exist between a man and a woman who has been abducted or at least detained with a view of contraction marriage with her unless the woman choose marriage of her own accord after she has been separated from the captor and established in a safe and free place.
The essential elements that lead to impediments are: the person abducted must be a woman, the abduction is done against the will of the person, and the motive is for marriage
9. CRIME:
Anyone who with a view to entering marriage with a certain person has brought about the death of that person’s spouse or of one’s own spouse invalidly attempts this marriage
10. CONSANQUINITY:
Consanguinity is about true blood relationship between persons. A marriage is never permitted to exist here
11. AFFINITY:
Affinity is based on valid marriage and exists between a spouse and the blood relations of the other spouse. Marriage cannot validly exist between the man and blood relation of the woman or between the woman and blood relation of the man because they are related by affinity
Note that brothers and sisters of the man are not related to the brothers and sisters of the woman by affinity. It is only the married party who is related to the blood relatives of one he or she marries.
12. PUBLIC PROPRIETY:
Impediment arises from an invalid marriage established from notorious public concubinage. Marriage is prohibited in the direct line and only in the first degree which means that a man will not marry the daughter of his spouse (whether married or not) born to her in her previous marriage/union
13. LEGAL RELATIONSHIP:
Once a legal relationship has taken place according to civil law, an impediment to canonical valid marriage arises between the adopted persons. It prohibits marriage between a person and his or her adopted parent and between adopted brothers and sisters.
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