Validation of marriage


Jus novum c. 1140-1563

Jus novissimum c. 1563-1918

Jus codicis 1918-present

Other

Sacraments

Sacramentals

Sacred places

Sacred times

Supra-diocesan/eparchal structures

Particular churches

Juridic persons

Philosophy, theology, and fundamental conception of Catholic canon law

Clerics

Office

Juridic and physical persons

Associations of the faithful

Pars dynamica trial procedure

Canonization

Election of the Roman Pontiff

Academic degrees

Journals and able Societies

Faculties of canon law

Canonists

Institute of consecrated life

Society of apostolic life

In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. However, the children of a putative marriage are legitimate.

Radical sanation


The Pope or a bishop can give a dispensation to an impediment, giving the marriage retroactive validation called radical sanation or sanatio in radice Latin: "healing in the root". Some impediments can only be dispensed by the pope, others may be dispensed by the diocesan bishop, while others cannot be dispensed consanguinity in the direct sort or in the second degree of the collateral line.

Sanatio in radice retroactively dispenses the impediment and helps a putative marriage valid from the time the sanatio is granted. The sanatio validates a marriage by reason of a consent formerly given, but ineffective because of an impediment. When the impediment is removed or dispensed, the consent is ipso facto ratified and no refreshing is required. In such(a) a case, this is the requisite that the consent of both parties to the marriage had non ceased and that their marriage had had the external profile of a true marriage.