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Sanatio in Radice (Radical Sanation) Checklist

The Sanatio in Radice is the convalidation of an invalid marriage without the renewal of consent before a competent authority. It includes a dispensation from an impediment, if there is one, and from the canonical form and it becomes retroactive regarding canonical effects. The original consent must still exist on the part of each spouse (cc. 1161-1165). Reasons for invalidity of the marriage are a lack of Canonical Form, lack of proper delegation, undispensed impediment (e.g., disparity of worship, consanguinity, etc.)  For more on Sanatio in Radice Click Here.

 

Marriage Nullity Due to Prior Bond (or Ligamen)
The declaration of marriage nullity due to the impediment of Prior Bond of Marriage (also known as Ligamen) is one of the functions performed by the Marriage Tribunal of Baker. The Ligamen process is based on the Church’s teaching that all marriages, whether natural or sacramental are true marriages that can only be terminated by death, declaration of invalidity, or by some other ecclesiastically approved means provided for in the Code of Canon Law. As a Documentary Process, Prior Bond cases are decided on the presence of incontrovertible evidence, which testify to the fact that a person was either not free to enter a new marriage or had married another party who was bound by a previous bond of marriage. For more on the nature and procedure of Prior Bond cases
Click Here.

Marriage Nullity Due to Lack of Form

“Canon 1108 of the 1983 Code of Canon Law prescribes that, for validity, Catholics must marry using the canonical form of marriage or seek a dispensation thereof. This discipline dates back to the Council of Trent, and its articulation in the present code reflects the nature of marriage as a personal yet public institution, which affects the status of persons in both the Church and civil sphere.” For more on the law of the canonical form of marriage Click Here.

Marriage Nullity Due to the Defect of Canonical Form
“Marriage nullity due to the Defect of Canonical form is a documentary process in which investigation by the Tribunal focuses on whether any of the essential elements of the canonical form was observed fully or correctly. Defect of Form occurs when (1) the officiating minister did not receive the proper delegation; (2) the marital consent was not requested and received in accordance with the law; and  (3) the two common witnesses in marriage were not present or qualified.”   For more on Marriage Nullity due to the Defect of Canonical Form Click Here.

The Pauline Privilege
The Pauline Privilege applies in the case of two married persons, one of whom subsequently becomes validly baptized—or declares the intention to be validly baptized—while the other remains unbaptized, departs from conjugal cohabitation, or does not wish to continue peaceful marital life with the baptized party. After diligent investigation, the Local Ordinary (the Bishop, Vicar General, or a delegated person) invokes the Pauline Privilege by which the Petitioner contracts a new marriage, thus dissolving the prior marital bond
For more on the Marriage Nullity due to the Pauline Privilege Click Here.

 

 

 

The Roman Catholic Diocese of Baker 
641 SW Umatilla Ave  .  Redmond, OR  97756  .  (541) 388-4004


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