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Ligamen is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage. [1]
Ligamen comes from the Latin word meaning "bond". The existence of a previous valid marriage at the moment of contracting a second entails of itself the invalidity of the latter. [1]
If one of the parties of a divorced couple (the Petitioner) then wishes to enter into a sacramental marriage with a third party and can show that his/her former spouse (the Respondent) had been previously married, that the spouse in the previous marriage (the Co-Respondent) was alive at the time of the second marriage, and that the Church had not declared the first marriage null, Respondent's first marriage is presumed valid. The Petitioner may file a Ligamen procedure for a determination that his/her marriage was invalid since the former spouse had an existing prior marriage bond precluding them from contracting a valid second marriage. [2]
A putative marriage must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid.
Should the second marriage have been contracted in good faith, if only by one party, and it subsequently appear that the first spouse still lived, then the second marriage would not only be invalid, but the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the second and invalid marriage would enjoy the advantage of being putative marriage. This second marriage, though illegal during the lifetime of the first spouse, may be validly contracted after his or her death; indeed, should the party who acted bona fide demand it, the guilty one is then bound to contract marriage validly with the petitioner. [1]
Since monogamy and the indissolubility of marriage are founded on the natural law, this impediment of ligamen is binding also on non-Catholics and on the unbaptized. If an unbaptized person living in polygamy becomes a Christian, he must keep the wife he had first married and release the second, in case the first wife is converted with him. Otherwise, by virtue of the "Pauline privilege", the converted husband may choose that one of his wives who allows herself to be baptized. [1]
Legal separation is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce.
The banns of marriage, commonly known simply as the "banns" or "bans", are the public announcement in a Christian parish church, or in the town council, of an impending marriage between two specified persons. It is commonly associated with the Catholic Church, the Church of Sweden (Lutheran), the Church of England (Anglican), and with other Christian denominations whose traditions are similar. In 1983, the Catholic Church removed the requirement for banns and left it to individual national bishops' conferences to decide whether to continue the practice, but in most Catholic countries the banns are still published.
Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal marriage despite non-compliance with the requirements for a statutory marriage, at least in the jurisdictions where marriage can still be contracted this way.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptized". Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.
The Pauline privilege is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
A defender of the bond is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted. In current Canon Law the role is provided for in Book VII, Title 1, which deals with marriage processes.
Disparity of cult, sometimes called disparity of worship, is a diriment impediment in Roman Catholic canon law: a reason why a marriage cannot be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized.
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or ceremonial marriage, a putative spouse is not legally married. Instead, a putative spouse believes themselves to be married in good faith and is given legal rights as a result of this person's reliance upon this good-faith belief.
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.
In the canon law of the Catholic Church, the impediment of public propriety, also called public honesty or decency, is a diriment impediment to marriage, a prohibition that prevents a marriage bond from being formed. It arises from a valid betrothal between the male party to the contract and the blood relatives of the woman in the first degree, and conversely between the woman and the blood relatives of the man in the same degree. Once existing, the impediment always remains, even though the betrothal is lawfully broken.
In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed either validly or licitly or both. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority as defined in Catholic canon law.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
Tametsi is the legislation of the Catholic Church which was in force from 1563 until Easter 1908 concerning clandestine marriage. It was named, as is customary in Latin Rite ecclesiastical documents, for the first word of the document that contained it, Chapter 1, Session 24 of the Council of Trent. It added the impediment of clandestinity and established the canonical form of marriage for validity in the regions in which it was promulgated.
This article summarizes the same-sex marriage laws of states in the United States. Via the case Obergefell v. Hodges on June 26, 2015, the Supreme Court of the United States legalized same-sex marriage in a decision that applies nationwide, with the exception of American Samoa and sovereign tribal nations.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate. In some jurisdictions a void marriage must still be terminated by annulment, or an annulment may be required to remove any legal impediment to a subsequent marriage. A marriage that is entered into in good faith, but that is later found to be void, may be recognized as a putative marriage and the spouses as putative spouses, with certain rights granted by statute or common law, notwithstanding that the marriage itself is void.
The matrimonial law of Singapore categorizes marriages contracted in Singapore into two categories: civil marriages and Muslim marriages. The Registry of Marriage (ROM) administers civil marriages in accordance to the Women's Charter, while the Registry of Muslim Marriages (ROMM) administers Muslim marriages in accordance to the Administration of Muslim Law Act (AMLA). All marriages performed in Singapore must be registered with the relevant registry in order to be legally valid.
An interfaith marriage, also known as an interreligious marriage, is defined by Christian denominations as a marriage between a Christian and a non-Christian, whereas an interdenominational marriage is between members of two different Christian denominations, such as a Lutheran Christian wedding a Catholic Christian, for example.
Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and is distinguished from a sacramental or Christian marriage, in which the two parties involved are baptized.
One or more of the preceding sentences incorporates text from a publication now in the public domain : Sägmüller, Johannes Baptist (1910). "Ligamen". In Herbermann, Charles (ed.). Catholic Encyclopedia . Vol. 9. New York: Robert Appleton Company.
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