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What are the Church’s Laws on Marriage?

While the couples themselves contract marriage, as mentioned in a previous article,[1] Holy Mother Church requires Catholics to follow Her laws in regard to receiving the Sacrament.

The 6th Precept: To Observe the Church’s Law on Marriage

To observe the Church’s laws on marriage is the sixth precept of the Church;[2] and these laws include that marriage should take place before a priest, preferably with a nuptial Mass. We read in the Baltimore Catechism:

“To receive the Sacrament of Matrimony worthily it is necessary to be in the state of grace, and it is necessary also to comply with the laws of the Church…Christians should prepare for a holy and happy marriage by receiving the Sacraments of Penance and Holy Eucharist; by begging God to grant them a pure intention and to direct their choice; and by seeking the advice of their parents and the blessing of their pastors…Catholics should be married before the altar in the Church. They should be married in the morning, and with a Nuptial Mass if possible.”

The Church further forbids marriages to those within three degrees of blood relationships (e.g., second cousins and those nearer in blood relation) without special dispensation. And those who receive Matrimony are likewise forbidden to marry privately without the blessing of a priest or without witnesses. Marriage in front of a non-Catholic minister is also condemned, and in previous times, incurred excommunication. Also, marriages are not to be solemnized at forbidden times – that is, as stated in the Baltimore Catechism, “during Lent and Advent the marriage ceremony should not be performed with pomp or a nuptial Mass.”

It is also important to emphasize the consent of one’s parents before entering a marital union, as the Catechism of the Council of Trent also wisely reminds us:

“Among other things, children should be exhorted earnestly that they owe as a tribute of respect to their parents, or to those under whose guardianship and authority they are placed, not to contract marriage without their knowledge, still less in defiance of their express wishes. It should be observed that in the Old Law children were always given in marriage by their fathers; and that the will of the parent is always to have very great influence on the choice of the child, is clear from these words of the Apostle: He that giveth his virgin in marriage doth well; and he that giveth her not, doth better.”

Above all, we follow these laws because the Church has the right to institute precepts that the faithful must follow. It is for this reason that we also observe the requirements for fasting and abstinence, receive Holy Communion at least once a year during the Easter Season, confess our sins once a year, and attend Mass on all Sundays and Holy Days of Obligation, as set by the lawful authorities of the Church.

Marriage Convalidation

If you know someone who is living in a marriage that was not validly made, it is important that they be encouraged to have their marriage made valid in the eyes of the Church and God. The website for the Archdiocese of Denver states in part:

“A convalidation is needed when one or two baptized Catholics enter a marriage which is invalid and the couple now wishes to make the marriage valid…Typically, the marriage was invalid due to lack of form, which means that a Catholic did not observe the canonical form of marriage (consent exchanged before an authorized priest/deacon and two witnesses) and did not receive a dispensation to do so. In other words, the couple was married in a non-Catholic ceremony (e.g., before a justice of the peace, minister, rabbi, etc.) without an exemption from the Catholic Church.”[3]

Encourage anyone you know who married outside of the Church to seek counsel from a traditional Catholic priest on what should be done to rectify this situation. Living in a marriage that was contracted against the laws of the Church is gravely wrong. When done with full knowledge and deliberate consent, it is a mortal sin. Anyone in such a situation should be encouraged to speak with a priest, obtain absolution in the Sacrament of Confession, and make their marriage vows in accordance with the Church’s laws, which all Catholics are required to observe.


[1] https://fatima.org/news-views/catholic-apologetics-44/

[2] If you look up any old catechism booklet, up to and even including the 1992 Catechism published under John Paul II, you will read that the Church has six precepts. Unfortunately, this sixth precept on marriage is now being removed from the most recent editions of the Catechism. In fact, a few years ago it was removed from the Vatican’s own website where they have an online version of the Catechism (see here). This reminds us how Sister Lucia said that the devil would wage his final battle against the holy Sacrament of Matrimony.

[3] https://archden.org/marriage/marriage-convalidation/

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