DISPENSATIONS
Church law recognizes certain obstacles to marriage in the church which are called diriment or invalidating impediments. These impediments are listed in Canons 1083 to 1094. Not all impediments are dispensable, however. Only those impediments are dispensable which are in virtue of merely ecclesiastical laws, while others are non-dispensable because they are of divine or natural law origin.
A DISPENSATION is a relaxation of a merely ecclesiastical law in a particular case (Canon 85). Under certain circumstances, a dispensation can be granted when an obstacle prevents the full observance of the law. A dispensation can be granted only for a just and reasonable cause which must be present at the time the dispensation is requested. In marriage matters, the priest or deacon must supply the reason for requesting the dispensation. In addition, the reason must be objectively true at the time the request is made (Canon 90, 1).
Canonical Form, although not considered an impediment, must be observed, that is, a Catholic must marry before a properly delegated priest or deacon, for the union to be considered a valid one (Canon 1108, §1), unless a DISPENSATION has been granted. (See Dispensation from canonical form, Texas Catholic Conference-Form III A.)
Regarding the officiating minister, the Local Ordinary and Pastors have ordinary executive power, given by the law itself, validly to officiate at marriages within the confines of their territory provided at least the bride or the groom is a Roman Catholic.
PERMISSIONS are needed for:
· Mixed marriage – a Catholic wishes to marry a baptized non-Catholic
· Canon 1071 situations
· Marriages of vagrants (those who have no domicile).
· Marriages which cannot be recognized or celebrated in civil law.
· Marriages in which a party is bound by natural obligations arising from a prior union, to some individual or children (i.e. alimony or child support
are being met).
· Marriages involving a party who has notoriously rejected the faith
· Marriages when one or both parties are under ecclesiastical censure
· Marriages involving one or two minor children when parents are unaware
of the proposed marriage or offer reasonable objections to its celebration
· Marriages to be celebrated by proxy
* Marriage outside an approved place - when a Catholic deacon or priest will
witness the vows of the couple, but the wedding will not take place within a
Catholic parish church.
THE ROMAN CATHOLIC DIOCESE OF AMARILLO DOES NOT PERMIT
OUTDOOR WEDDINGS.
DISPENSATIONS are needed for:
· Disparity of Cult – a Catholic wishes to marry an unbaptized person
· Impediment of Consanguinity - the marriage of first cousins
· Impediment of Affinity – relationship with the in-law family
· Impediment of Crime
· Canonical Form – when a couple does not want a Catholic wedding but wants
their marriage officiated by a rabbi, Protestant minister, etc. to be
recognized by the Catholic Church. This dispensation is NEVER
given for two Catholics.