BOOK I: GENERAL NORMS
Canon 1 The canons of this Code concern only the latin Church.
TITLE VI: PHYSICAL AND JURIDICAL PERSONS
CHAPTER I: THE CANONICAL STATUS OF PHYSICAL PERSONS
Canon 109.1 Affinity arises from a valid marriage, even if notconsummated, and it exists between the man and the blood relationsof the woman, and likewise between the woman and the bloodrelations of the man.
Canon 109.2 It is reckoned in such a way thatthe blood relations of the man are related by affinity to the womanin the same line and the same degree, and vice versa.
Canon 112.1 After the reception of baptism, thefollowing become members of another autonomous ritual Church:
Canon 112.1.1 those who have obtained permissionfrom the Apostolic See;
Canon 112.1.2 a spouse who, on entering marriageor during its course, has declared that he or she is transferringto the autonomous ritual Church of the other spouse; on thedissolution of the marriage, however, that person may freely returnto the latin Church;
Canon 112.1.3 the children of those mentioned innumbers 1 and 2 who have not completed their fourteenth year, andlikewise in a mixed marriage the children of a catholic party whohas lawfully transferred to another ritual Church; on completion oftheir fourteenth year, however, they may return to the latinChurch.
Canon 112.1.2 The practice, however longstanding, of receiving the sacraments according to the rite of anautonomous ritual Church, does not bring with it membership of thatChurch.
TITLE II: THE OBLIGATIONS AND RIGHTS OF THE LAY MEMBERS OF CHRIST'S FAITHFUL
Canon 226.1 Those who are married are bound by the specialobligation, in accordance with their own vocation, to strive forthe building up of the people of God through their marriage andfamily.
Canon 226.2 Because they gave life to theirchildren, parents have the most serious obligation and the right toeducate them. It is therefore primarily the responsibility ofchristian parents to ensure the christian education of theirchildren in accordance with the teaching of the Church.
TITLE VII: MARRIAGE
Canon 1055.1 The marriage covenant, by which aman and a woman establish between themselves a partnership of theirwhole life, and which of its own very nature is ordered to thewell-being of the spouses and to the procreation and upbringing ofchildren, has, between the baptised, been raised by Christ the Lordto the dignity of a sacrament.
Canon 1055.2 Consequently, a valid marriagecontract cannot exist between baptised persons without its being bythat very fact a sacrament.
Canon 1056 The essential properties of marriageare unity and indissolubility; in christian marriage they acquirea distinctive firmness by reason of the sacrament.
Canon 1057.1 A marriage is brought into being bythe lawfully manifested consent of persons who are legally capable.This consent cannot be supplied by any human power.
Canon 1057.2 Matrimonial consent is an act ofwill by which a man and a woman by an irrevocable covenant mutuallygive and accept one another for the purpose of establishing amarriage.
Canon 1058 All can contract marriage who are notprohibited by law.
Canon 1059 The marriage of catholics, even ifonly one party is baptised, is governed not only by divine law butalso by canon law, without prejudice to the competence of the civilauthority in respect of the merely civil effects of themarriage.
Canon 1060 Marriage enjoys the favour of law.Consequently, in doubt the validity of a marriage must be uphelduntil the contrary is proven.
Canon 1061.1 A valid marriage between baptisedpersons is said to be merely ratified, if it is not consummated;ratified and consummated, if the spouses have in a human mannerengaged together in a conjugal act in itself apt for the generationof offspring. To this act marriage is by its nature ordered and byit the spouses become one flesh.
Canon 1061.2 If the spouses have lived togetherafter the celebration of their marriage, consummation is presumeduntil the contrary is proven.
Canon 1061.3 An invalid marriage is said to beputative if it has been celebrated in good faith by at least oneparty. It ceases to be such when both parties become certain of itsnullity.
Canon 1062.1 A promise of marriage, whetherunilateral or bilateral, called an engagement, is governed by theparticular law which the Episcopal Conference has enacted, afterconsideration of such customs and civil laws as may exist.
Canon 1062.2 No right of action to request thecelebration of marriage arises from a promise of marriage, butthere does arise an action for such reparation of damages as may bedue.
Canon 1063 Pastors of souls are obliged toensure that their own church community provides for Christ'sfaithful the assistance by which the married state is preserved inits christian character and develops in perfection. This assistanceis to be given principally:
Canon 1063.1 by preaching, by catecheticalinstruction adapted to children, young people and adults, indeed bythe use of the means of social communication, so that Christ'sfaithful are instructed in the meaning of christian marriage and inthe role of christian spouses and parents;
Canon 1063.2 by personal preparation forentering marriage, so that the spouses are disposed to the holinessand the obligations of their new state;
Canon 1063.3 by the fruitful celebration ofthe marriage liturgy, so that it clearly emerges that the spousesmanifest, and participate in, the mystery of the unity and fruitfullove between Christ and the Church;
Canon 1063.4 by the help given to those whohave entered marriage, so that by faithfully observing andprotecting their conjugal covenant, they may day by day achieve aholier and a fuller family life.
CHAPTER I: PASTORAL CARE AND THE PREREQUISITES FOR THE CELEBRATIONOF MARRIAGE
Canon 1064 It is the responsibility of the localOrdinary to ensure that this assistance is duly organised. If it isconsidered opportune, he should consult with men and women ofproven experience and expertise.
Canon 1065.1 Catholics who have not yet receivedthe sacrament of confirmation are to receive it before beingadmitted to marriage, if this can be done without graveinconvenience.
Canon 1065.2 So that the sacrament of marriagemay be fruitfully received, spouses are earnestly recommended thatthey approach the sacraments of penance and the blessedEucharist.
Canon 1066 Before a marriage takes place, itmust be established that nothing stands in the way of its valid andlawful celebration.
Canon 1067 The Episcopal Conference is to laydown norms concerning the questions to be asked of the parties, thepublication of marriage banns, and the other appropriate means ofenquiry to be carried out before marriage. Only when he hascarefully observed these norms may the parish priest assist at amarriage.
Canon 1068 In danger of death, if other proofsare not available, it suffices, unless there are contraryindications, to have the assertion of the parties, sworn if needbe, that they are baptised and free of any impediment.
Canon 1069 Before the celebration of a marriage,all the faithful are bound to reveal to the parish priest or thelocal Ordinary such impediments as they may know about.
Canon 1070 If someone other than the parishpriest whose function it is to assist at the marriage has made theinvestigations, he is by an authentic document to inform thatparish priest of the outcome of these enquiries as soon aspossible.
Canon 1071.1 Except in a case of necessity, noone is to assist without the permission of the local Ordinaryat:
Canon 1071.1.1 a marriage of vagi;
Canon 1071.1.2 a marriage which cannot berecognised by the civil law or celebrated in accordance withit;
Canon 1071.1.3 a marriage of a person for whoma previous union has created natural obligations towards a thirdparty or towards children;
Canon 1071.1.4 a marriage of a person who hasnotoriously rejected the catholic faith;
Canon 1071.1.5 a marriage of a person who isunder censure;
Canon 1071.1.6 a marriage of a minor whoseparents are either unaware of it or are reasonably opposed toit;
Canon 1071.1.7 a marriage to be entered byproxy, as mentioned in canon 1105.
Canon 1071.2 The local Ordinary is not to givepermission to assist at the marriage of a person who hasnotoriously rejected the Catholic faith unless, with theappropriate adjustments, the norms of canon 1125 have beenobserved.
Canon 1072 Pastors of souls are to see to itthat they dissuade young people from entering marriage before theage customarily accepted in the region.
CHAPTER II: DIRIMENT IMPEDIMENTS IN GENERAL
Canon 1073 A diriment impediment renders aperson incapable of validly contracting a marriage.
Canon 1074 An impediment is said to be public,when it can be proved in the external forum; otherwise, it isoccult.
Canon 1075.1 Only the supreme authority in theChurch can authentically declare when the divine law prohibits orinvalidates a marriage.
Canon 1075.2 Only the same supreme authority hasthe right to establish other impediments for those who arebaptised.
Canon 1076 A custom which introduces a newimpediment, or is contrary to existing impediments, is to bereprobated.
Canon 1078.1 The local Ordinary can dispense hisown subjects wherever they are residing, and all who are actuallypresent in his territory, from all impediments of ecclesiasticallaw, except for those whose dispensation is reserved to theApostolic See.
Canon 1078.2 The impediments whose dispensationis reserved to the Apostolic See are:
Canon 1078.2.1 the impediment arising fromsacred orders or from a public perpetual vow of chastity in areligious institute of pontifical right
Canon 1078.2.2 the impediment of crime mentionedin canon 1090.
Canon 1078.3 A dispensation is never given fromthe impediment of consanguinity in the direct line or in the seconddegree of the collateral line.
Canon 1079.1 When danger of death threatens, thelocal Ordinary can dispense his own subjects, wherever they areresiding, and all who are actually present in his territory, bothfrom the form to be observed in the celebration of marriage, andfrom each and every impediment of ecclesiastical law, whetherpublic or occult, with the exception of the impediment arising fromthe sacred order of priesthood.
Canon 1079.2 In the same circumstances mentionedin §1, but only for cases in which not even the local Ordinary canbe approached, the same faculty of dispensation is possessed by theparish priest, by a properly delegated sacred minister, and by thepriest or deacon who assists at the marriage in accordance withcanon 1116.2.
Canon 1079.3 In danger of death, the confessorhas the power to dispense from occult impediments for the internalforum, whether within the act of sacramental confession or outsideit.
Canon 1079.4 In the case mentioned in 1079.2,the local Ordinary is considered unable to be approached if he canbe reached only by telegram or by telephone.
Canon 1080.1 Whenever an impediment isdiscovered after everything has already been prepared for a weddingand the marriage cannot without probable danger of grave harm bepostponed until a dispensation is obtained from the competentauthority, the power to dispense from all impediments, except thosementioned in canon 1078.2, n. 1, is possessed by the local Ordinaryand, provided the case is occult, by all those mentioned in canon1079.2-3, the conditions prescribed therein having beenobserved.
Canon 1080.2 This power applies also to thevalidation of a marriage when there is the same danger in delay andthere is no time to have recourse to the Apostolic See or, in thecase of impediments from which he can dispense, to the localOrdinary.
Canon 1081 The parish priest or the priest ordeacon mentioned in canon 1079.2, should inform the local Ordinaryimmediately of a dispensation granted for the external forum, andthis dispensation is to be recorded in the marriage register.
Canon 1082 Unless a rescript of the Penitentiaryprovides otherwise, a dispensation from an occult impedimentgranted in the internal non sacramental forum, is to be recorded inthe book to be kept in the secret archive of the curia. No otherdispensation for the external forum is necessary if at a laterstage the occult impediment becomes public.
CHAPTER III: INDIVIDUAL DIRIMENT IMPEDIMENTS
Canon 1083.1 A man cannot validly enter marriagebefore the completion of his sixteenth year of age, nor a womanbefore the completion of her fourteenth year.
Canon 1083.2 The Episcopal Conference mayestablish a higher age for the lawful celebration of marriage.
Canon 1084.1 Antecedent and perpetual impotenceto have sexual intercourse, whether on the part of the man or onthat of the woman, whether absolute or relative, by its very natureinvalidates marriage.
Canon 1084.2 If the impediment of impotence isdoubtful, whether the doubt be one of law or one of fact, themarriage is not to be prevented nor, while the doubt persists, isit to be declared null.
Canon 1084.3 Without prejudice to the provisionsof canon 1098, sterility neither forbids nor invalidates amarriage.
Canon 1085.1 A person bound by the bond of aprevious marriage, even if not consummated, invalidly attemptsmarriage.
Canon 1085.2 Even though the previous marriageis invalid or for any reason dissolved, it is not thereby lawful tocontract another marriage before the nullity or the dissolution ofthe previous one has been established lawfully and withcertainty.
Canon 1086.1 A marriage is invalid when one ofthe two persons was baptised in the catholic Church or receivedinto it and has not by a formal act defected from it, and the otherwas not baptised.
Canon 1086.2 This impediment is not to bedispensed unless the conditions mentioned in cann. 1125 and 1126have been fulfilled.
Canon 1086.3 If at the time the marriage wascontracted one party was commonly understood to be baptised, or ifhis or her baptism was doubtful, the validity of the marriage is tobe presumed in accordance with canon 1060, until it is establishedwith certainty that one party was baptised and the other wasnot.
Canon 1087 Those who are in sacred ordersinvalidly attempt marriage.
Canon 1088 Those who are bound by a publicperpetual vow of chastity in a religious institute invalidlyattempt marriage.
Canon 1089 No marriage can exist between a manand a woman who has been abducted, or at least detained, with aview to contracting a marriage with her, unless the woman, aftershe has been separated from her abductor and established in a safeand free place, chooses marriage of her own accord.
Canon 1090.1 One who, with a view to enteringmarriage with a particular person, has killed that person's spouse,or his or her own spouse, invalidly attempts this marriage.
Canon 1090.2 They also invalidly attemptmarriage with each other who, by mutual physical or moral action,brought about the death of either's spouse.
Canon 1091.1 Marriage is invalid between thoserelated by consanguinity in all degrees of the direct line, whetherascending or descending, legitimate or natural.
Canon 1091.2 In the collateral line, it isinvalid up to the fourth degree inclusive.
Canon 1091.3 The impediment of consanguinity isnot multiplied.
Canon 1091.4 A marriage is never to be permittedif a doubt exists as to whether the parties are related byconsanguinity in any degree of the direct line, or in the seconddegree of the collateral line.
Canon 1092 Affinity in any degree of the directline invalidates marriage.
Canon 1093 The impediment of public proprietyarises when a couple live together after an invalid marriage, orfrom a notorious or public concubinage. It invalidates marriage inthe first degree of the direct line between the man and thoserelated by consanguinity to the woman, and vice versa.
Canon 1094 Those who are legally related byreason of adoption cannot validly marry each other if theirrelationship is in the direct line or in the second degree of thecollateral line.
CHAPTER IV: MATRIMONIAL CONSENT
Canon 1095.1 The following are incapable ofcontracting marriage:
Canon 1095.1.1 those who lack sufficient use ofreason;
Canon 1095.1.2 those who suffer from a gravelack of discretionary judgement concerning the essentialmatrimonial rights and obligations to be mutually given andaccepted;
Canon 1095.1.3 those who, because of causes ofa psychological nature, are unable to assume the essentialobligations of marriage.
Canon 1096.1 For matrimonial consent to exist,it is necessary that the contracting parties be at least notignorant of the fact that marriage is a permanent partnershipbetween a man and a woman, ordered to the procreation of childrenthrough some form of sexual cooperation.
Canon 1096.2 This ignorance is not presumedafter puberty.
Canon 1097.1 Error about a person renders amarriage invalid.
Canon 1097.2 Error about a quality of theperson, even though it be the reason for the contract, does notrender a marriage invalid unless this quality is directly andprincipally intended.
Canon 1098 A person contracts invalidly whoenters marriage inveigled by deceit, perpetrated in order to secureconsent, concerning some quality of the other party, which of itsvery nature can seriously disrupt the partnership of conjugallife.
Canon 1099 Provided it does not determine thewill, error concerning the unity or the indissolubility or thesacramental dignity of marriage does not vitiate matrimonialconsent.
Canon 1100 Knowledge of or opinion about thenullity of a marriage does not necessarily exclude matrimonialconsent.
Canon 1101.1 The internal consent of the mind ispresumed to conform to the words or the signs used in thecelebration of a marriage.
Canon 1101.2 If, however, either or both of theparties should by a positive act of will exclude marriage itself orany essential element of marriage or any essential property, suchparty contracts invalidly.
Canon 1102.1 Marriage cannot be validlycontracted subject to a condition concerning the future.
Canon 1102.2 Marriage entered into subject to acondition concerning the past or the present is valid or not,according as whatever is the basis of the condition exists ornot.
Canon 1102.3 However, a condition as mentionedin 1102.2 may not lawfully be attached except with the writtenpermission of the local Ordinary.
Canon 1103 A marriage is invalid which wasentered into by reason of force or of grave fear imposed fromoutside, even if not purposely, from which the person has no escapeother than by choosing marriage.
Canon 1104.1 To contract marriage validly it isnecessary that the contracting parties be present together, eitherpersonally or by proxy.
Canon 1104.2 The spouses are to express theirmatrimonial consent in words; if, however, they cannot speak, thenby equivalent signs.
Canon 1105.1 For a marriage by proxy to bevalid, it is required:
Canon 1105.1.1 that there be a special mandateto contract with a specific person;
Canon 1105.1.2 that the proxy be designated bythe mandator and personally discharge this function;
Canon 1105.2 For the mandate to be valid, it isto be signed by the mandator, and also by the parish priest orlocal Ordinary of the place in which the mandate is given or by apriest delegated by either of them or by at least two witnesses, orit is to be drawn up in a document which is authentic according tothe civil law.
Canon 1105.3 If the mandator cannot write, thisis to be recorded in the mandate and another witness added who isalso to sign the document; otherwise, the mandate is invalid.
Canon 1105.4 If the mandator revokes themandate, or becomes insane, before the proxy contracts in his orher name, the marriage is invalid, even though the proxy or theother contracting party is unaware of the fact.
Canon 1106 Marriage can be contracted through aninterpreter, but the parish priest may not assist at such amarriage unless he is certain of the trustworthiness of theinterpreter.
Canon 1107 Even if a marriage has been enteredinto invalidly by reason of an impediment or defect of form, theconsent given is presumed to persist until its withdrawal has beenestablished.
CHAPTER V: THE FORM OF THE CELEBRATION OF MARRIAGE
Canon 1108.1 Only those marriages are validwhich are contracted in the presence of the local Ordinary orparish priest or of the priest or deacon delegated by either ofthem, who, in the presence of two witnesses, assists, in accordancehowever with the rules set out in the following canons, and withoutprejudice to the exceptions mentioned in cann. 144, 1112.1, 1116and 1127.2-3.
Canon 1108.2 Only that person who, beingpresent, asks the contracting parties to manifest their consent andin the name of the Church receives it, is understood to assist ata marriage.
Canon 1109 Within the limits of their territory,the local Ordinary and the parish priest by virtue of their officevalidly assist at the marriages not only of their subjects, butalso of non-subjects, provided one or other of the parties is ofthe latin rite. They cannot assist if by sentence or decree theyhave been excommunicated, placed under interdict or suspended fromoffice, or been declared to be such.
Canon 1110 A personal Ordinary and a personalparish priest by virtue of their office validly assist, within theconfines of their jurisdiction, at the marriages only of those ofwhom at least one party is their subject.
Canon 1111.1 As long as they validly holdoffice, the local Ordinary and the parish priest can delegate topriests and deacons the faculty, even the general faculty, toassist at marriages within the confines of their territory.
Canon 1111.2 In order that the delegation of thefaculty to assist at marriages be valid, it must be expressly givento specific persons; if there is question of a special delegation,it is to be given for a specific marriage; if however there isquestion of a general delegation, it is to be given in writing.
Canon 1112.1 Where there are no priests anddeacons, the diocesan Bishop can delegate lay persons to assist atmarriages, if the Episcopal Conference has given its prior approvaland the permission of the Holy See has been obtained.
Canon 1112.2 A suitable lay person is to beselected, capable of giving instruction to those who are gettingmarried, and fitted to conduct the marriage liturgy properly.
Canon 1113.1 Before a special delegation isgranted, provision is to be made for all those matters which thelaw prescribes to establish the freedom to marry.
Canon 1114 One who assists at a marriage actsunlawfully unless he has satisfied himself of the parties' freedomto marry in accordance with the law and, whenever he assists byvirtue of a general delegation, has satisfied himself of the parishpriest's permission, if this is possible.
Canon 1115 Marriages are to be celebrated in theparish in which either of the contracting parties has a domicile ora quasi-domicile or a month's residence or, if there is question ofvagi, in the parish in which they are actually residing. With thepermission of the proper Ordinary or the proper parish priest,marriages may be celebrated elsewhere.
Canon 1116.1 If one who, in accordance with thelaw, is competent to assist, cannot be present or be approachedwithout grave inconvenience, those who intend to enter a truemarriage can validly and lawfully contract in the presence ofwitnesses only:
Canon 1116.1.1 in danger of death;
Canon 1116.1.2 apart from danger of death,provided it is prudently foreseen that this state of affairs willcontinue for a month.
Canon 1116.2 In either case, if another priestor deacon is at hand who can be present, he must be called uponand, together with the witnesses, be present at the celebration ofthe marriage, without prejudice to the validity of the marriage inthe presence of only the witnesses.
Canon 1117 The form prescribed above is to beobserved if at least one of the parties contracting marriage wasbaptised in the catholic Church or received into it and has not bya formal act defected from it, without prejudice to the provisionsof canon 1127.2.
Canon 1118.1 A marriage between catholics, orbetween a catholic party and a baptised non-catholic, is to becelebrated in the parish church. By permission of the localOrdinary or of the parish priest, it may be celebrated in anotherchurch or oratory.
Canon 1118.2 The local Ordinary can allow amarriage to be celebrated in another suitable place.
Canon 1118.3 A marriage between a catholic partyand an unbaptised party may be celebrated in a church or in anothersuitable place.
Canon 1119 Apart from a case of necessity, inthe celebration of marriage those rites are to be observed whichare prescribed in the liturgical books approved by the Church, orwhich are acknowledged by lawful customs.
Canon 1120 The Episcopal Conference can draw upits own rite of marriage, in keeping with those usages of place andpeople which accord with the christian spirit; it is to be reviewedby the Holy See, and it is without prejudice to the law that theperson who is present to assist at the marriage is to ask for andreceive the expression of the consent of the contractingparties.
Canon 1121.1 As soon as possible after thecelebration of a marriage, the parish priest of the place ofcelebration or whoever takes his place, even if neither hasassisted at the marriage, is to record in the marriage register thenames of the spouses, of the person who assisted and of thewitnesses, and the place and date of the celebration of themarriage; this is to be done in the manner prescribed by theEpiscopal Conference or by the diocesan Bishop.
Canon 1121.2 Whenever a marriage is contractedin accordance with canon 1116, the priest or deacon, if he waspresent at the celebration, otherwise the witnesses, are boundjointly with the contracting parties as soon as possible to informthe parish priest or the local Ordinary about the marriage enteredinto.
Canon 1121.3 In regard to a marriage contractedwith a dispensation from the canonical form, the local Ordinary whogranted the dispensation is to see to it that the dispensation andthe celebration are recorded in the marriage register both of thecuria, and of the proper parish of the catholic party whose parishpriest carried out the inquiries concerning the freedom to marry.The catholic spouse is obliged as soon as possible to notify thatsame Ordinary and parish priest of the fact that the marriage wascelebrated, indicating also the place of celebration and the publicform which was observed.
Canon 1122.1 A marriage which has beencontracted is to be recorded also in the baptismal registers inwhich the baptism of the spouses was entered.
Canon 1122.2 If a spouse contracted marriageelsewhere than in the parish of baptism, the parish priest of theplace of celebration is to send a notification of the marriage assoon as possible to the parish priest of the place of baptism.
Canon 1123 Whenever a marriage is validated forthe external forum, or declared invalid, or lawfully dissolvedother than by death, the parish priest of the place of thecelebration of the marriage must be informed, so that an entry maybe duly made in the registers of marriage and of baptism.
CHAPTER VI: MIXED MARRIAGES
Canon 1124 Without the express permission of thecompetent authority, marriage is prohibited between two baptisedpersons, one of whom was baptised in the catholic Church orreceived into it after baptism and has not defected from it by aformal act, the other of whom belongs to a Church or ecclesialcommunity not in full communion with the catholic Church.
Canon 1125 The local Ordinary can grant thispermission if there is a just and reasonable cause. He is not togrant it unless the following conditions are fulfilled:
Canon 1125.1 the catholic party is to declarethat he or she is prepared to remove dangers of defecting from thefaith, and is to make a sincere promise to do all in his or herpower in order that all the children be baptised and brought up inthe catholic Church;
Canon 1125.2 the other party is to be informedin good time of these promises to be made by the catholic party, sothat it is certain that he or she is truly aware of the promise andof the obligation of the catholic party.
Canon 1125.3 both parties are to be instructedabout the purposes and essential properties of marriage, which arenot to be excluded by either contractant.
Canon 1126 It is for the Episcopal Conference toprescribe the manner in which these declarations and promises,which are always required, are to be made, and to determine howthey are to be established in the external forum, and how thenon-catholic party is to be informed of them.
Canon 1127.1 The provisions of canon 1108 are tobe observed in regard to the form to be used in a mixed marriage.If, however, the catholic party contracts marriage with anon-catholic party of oriental rite, the canonical form ofcelebration is to be observed for lawfulness only; for validity,however, the intervention of a sacred minister is required, whileobserving the other requirements of law.
Canon 1127.2 If there are grave difficulties inthe way of observing the canonical form, the local Ordinary of thecatholic party has the right to dispense from it in individualcases, having however consulted the Ordinary of the place of thecelebration of the marriage; for validity, however, some publicform of celebration is required. It is for the Episcopal Conferenceto establish norms whereby this dispensation may be granted in auniform manner.
Canon 1127.3 It is forbidden to have, eitherbefore or after the canonical celebration in accordance with1127.1, another religious celebration of the same marriage for thepurpose of giving or renewing matrimonial consent. Likewise, thereis not to be a religious celebration in which the catholicassistant and a non-catholic minister, each performing his ownrite, ask for the consent of the parties.
Canon 1128 Local Ordinaries and other pastors ofsouls are to see to it that the catholic spouse and the childrenborn of a mixed marriage are not without the spiritual help neededto fulfil their obligations; they are also to assist the spouses tofoster the unity of conjugal and family life.
Canon 1129 The provisions of cann. 1127 and 1128are to be applied also to marriages which are impeded by theimpediment of disparity of worship mentioned in canon 1086.1.
CHAPTER VII: THE SECRET CELEBRATION OF MARRIAGE
Canon 1130 For a grave and urgent reason, thelocal Ordinary may permit that a marriage be celebrated insecret.
Canon 1131 Permission to celebrate a marriage insecret involves:
Canon 1131.1 that the investigations to be madebefore the marriage are carried out in secret;
Canon 1131.2 that the secret in regard to themarriage which has been celebrated is observed by the localOrdinary, by whoever assists, by the witnesses and by thespouses.
Canon 1132 The obligation of observing thesecret mentioned in canon 1131 n. 2 ceases for the local Ordinaryif from its observance a threat arises of grave scandal or of graveharm to the sanctity of marriage. This fact is to be made known tothe parties before the celebration of the marriage.
Canon 1133 A marriage celebrated in secret is tobe recorded only in a special register which is to be kept in thesecret archive of the curia.
CHAPTER VIII: THE EFFECTS OF MARRIAGE
Canon 1134 From a valid marriage there arisesbetween the spouses a bond which of its own nature is permanent andexclusive. Moreover, in christian marriage the spouses are by aspecial sacrament strengthened and, as it were, consecrated for theduties and the dignity of their state.
Canon 1135 Each spouse has an equal obligationand right to whatever pertains to the partnership of conjugallife.
Canon 1136 Parents have the most graveobligation and the primary right to do all in their power to ensuretheir children's physical, social, cultural, moral and religiousupbringing.
Canon 1137 Children who are conceived or born ofa valid or of a putative marriage are legitimate.
Canon 1138.1 The father is he who is identifiedby a lawful marriage, unless by clear arguments the contrary isproven.
Canon 1138.2 Children are presumed legitimatewho are born at least 180 days after the date the marriage wascelebrated, or within 300 days from the date of the dissolution ofconjugal life.
Canon 1139 Illegitimate children are legitimatedby the subsequent marriage of their parents, whether valid orputative, or by a rescript of the Holy See.
Canon 1140 As far as canonical effects areconcerned, legitimated children are equivalent to legitimatechildren in all respects, unless it is otherwise expressly providedby the law.
CHAPTER IX: THE SEPARATION OF THE SPOUSES
ARTICLE 1: THE DISSOLUTION OF THE BOND
Canon 1141 A marriage which is ratified andconsummated cannot be dissolved by any human power or by any causeother than death.
Canon 1142 A non-consummated marriage betweenbaptised persons or between a baptised party and an unbaptisedparty can be dissolved by the Roman Pontiff for a just reason, atthe request of both parties or of either party, even if the otheris unwilling.
Canon 1143.1 In virtue of the pauline privilege,a marriage entered into by two unbaptised persons is dissolved infavour of the faith of the party who received baptism, by the veryfact that a new marriage is contracted by that same party, providedthe unbaptised party departs.
Canon 1143.2 The unbaptised party is consideredto depart if he or she is unwilling to live with the baptisedparty, or to live peacefully without offence to the Creator, unlessthe baptised party has, after the reception of baptism, given theother just cause to depart.
Canon 1144.1 For the baptised person validly tocontract a new marriage, the unbaptised party must always beinterpellated whether:
Canon 1144.1.1 he or she also wishes to receivebaptism;
Canon 1144.1.2 he or she at least is willing tolive peacefully with the baptised party without offence to theCreator.
Canon 1144.2 This interpellation is to be doneafter baptism. However, the local Ordinary can for a grave reasonpermit that the interpellation be done before baptism; indeed hecan dispense from it, either before or after baptism, provided itis established, by at least a summary and extrajudicial procedure,that it cannot be made or that it would be useless.
Canon 1145 As a rule, the interpellation is tobe done on the authority of the local Ordinary of the convertedparty. A period of time for reply is to be allowed by this Ordinaryto the other party, if indeed he or she asks for it, warning theperson however that if the period passes without any reply, silencewill be taken as a negative response.
Canon 1145.2 Even an interpellation madeprivately by the converted party is valid, and indeed it is lawfulif the form prescribed above cannot be observed.
Canon 1145.3 In both cases there must be lawfulproof in the external forum of the interpellation having been doneand of its outcome.
Canon 1146 The baptised party has the right tocontract a new marriage with a catholic:
Canon 1146.1 if the other party has replied inthe negative to the interpellation, or if the interpellation hasbeen lawfully omitted;
Canon 1146.2 if the unbaptised person, whetheralready interpellated or not, who at first persevered in peacefulcohabitation without offence to the Creator, has subsequentlydeparted without just cause, without prejudice to the provisions ofcann. 1144 and 1145.
Canon 1147 However, the local Ordinary can fora grave reason allow the baptised party, using the paulineprivilege, to contract marriage with a non-catholic party, whetherbaptised or unbaptised; in this case, the provisions of the canonson mixed marriages must also be observed.
Canon 1148.1 When an unbaptised man whosimultaneously has a number of unbaptised wives, has receivedbaptism in the catholic Church, if it would be a hardship for himto remain with the first of the wives, he may retain one of them,having dismissed the others. The same applies to an unbaptisedwoman who simultaneously has a number of unbaptised husbands.
Canon 1148.2 In the cases mentioned in 1148.1,when baptism has been received, the marriage is to be contracted inthe legal form, with due observance, if need be, of the provisionsconcerning mixed marriages and of other provisions of law.
Canon 1148.3 In the light of the moral, socialand economic circumstances of place and person, the local Ordinaryis to ensure that adequate provision is made, in accordance withthe norms of justice, christian charity and natural equity, for theneeds of the first wife and of the others who have beendismissed.
Canon 1149 An unbaptised person who, havingreceived baptism in the catholic Church, cannot re-establishcohabitation with his or her unbaptised spouse by reason ofcaptivity or persecution, can contract another marriage, even ifthe other party has in the meantime received baptism, withoutprejudice to the provisions of canon 1141.
Canon 1150 In a doubtful matter the privilege ofthe faith enjoys the favour of law.
ARTICLE 2: SEPARATION WHILE THE BOND REMAINS
Canon 1151 Spouses have the obligation and theright to maintain their common conjugal life, unless a lawfulreason excuses them.
Canon 1152.1 It is earnestly recommended that aspouse, motivated by christian charity and solicitous for the goodof the family, should not refuse to pardon an adulterous partnerand should not sunder the conjugal life. Nevertheless, if thatspouse has not either expressly or tacitly condoned the other'sfault, he or she has the right to sever the common conjugal life,provided he or she has not consented to the adultery, nor been thecause of it, nor also committed adultery.
Canon 1152.2 Tacit condonation occurs if theinnocent spouse, after becoming aware of the adultery, haswillingly engaged in a marital relationship with the other spouse;it is presumed, however, if the innocent spouse has maintained thecommon conjugal life for six months, and has not had recourse toecclesiastical or to civil authority.
Canon 1152.3 Within six months of havingspontaneously terminated the common conjugal life, the innocentspouse is to bring a case for separation to the competentecclesiastical authority. Having examined all the circumstances,this authority is to consider whether the innocent spouse can bebrought to condone the fault and not prolong the separationpermanently.
Canon 1153.1 A spouse who occasions grave dangerof soul or body to the other or to the children, or otherwise makesthe common life unduly difficult, provides the other spouse with areason to leave, either by a decree of the local Ordinary or, ifthere is danger in delay, even on his or her own authority.
Canon 1153.2 In all cases, when the reason forseparation ceases, the common conjugal life is to be restored,unless otherwise provided by ecclesiastical authority.
Canon 1154 When a separation of spouses hastaken place, provision is always, and in good time, to be made forthe due maintenance and upbringing of the children.
Canon 1155 The innocent spouse may laudablyreadmit the other spouse to the conjugal life, in which case he orshe renounces the right to separation .
CHAPTER X: THE VALIDATION OF MARRIAGE
ARTICLE 1: SIMPLE VALIDATION
Canon 1156.1 To validate a marriage which isinvalid because of a diriment impediment, it is required that theimpediment cease or be dispensed, and that at least the party awareof the impediment renews consent.
Canon 1156.2 This renewal is required byecclesiastical law for the validity of the validation, even if atthe beginning both parties had given consent and had not afterwardswithdrawn it.
Canon 1157 The renewal of consent must be a newact of will consenting to a marriage which the renewing party knowsor thinks was invalid from the beginning.
Canon 1158.1 If the impediment is public,consent is to be renewed by both parties in the canonical form,without prejudice to the provision of Canon 1127.3.
Canon 1158.2 If the impediment cannot be proved,it is sufficient that consent be renewed privately and in secret,specifically by the party who is aware of the impediment providedthe other party persists in the consent given, or by both partiesif the impediment is known to both.
Canon 1159.1 A marriage invalid because of adefect of consent is validated if the party who did not consent,now does consent, provided the consent given by the other partypersists.
Canon 1159.2 If the defect of the consent cannotbe proven, it is sufficient that the party who did not consent,gives consent privately and in secret.
Canon 1159.3 If the defect of consent can beproven, it is necessary that consent be given in the canonicalform.
Canon 1160 For a marriage which is invalidbecause of defect of form to become valid, it must be contractedanew in the canonical form, without prejudice to the provisions ofCanon 1127.3 [4].
Article 2: Retroactive Validation
Canon 1161.1 The retroactive validation of aninvalid marriage is its validation without the renewal of consent,granted by the competent authority. It involves a dispensation froman impediment if there is one and from the canonical form if it hadnot been observed, as well as a referral back to the past of thecanonical effects.
Canon 1161.2 The validation takes place from themoment the favour is granted; the referral back, however, isunderstood to have been made to the moment the marriage wascelebrated, unless it is otherwise expressly provided.
Canon 1161.3 A retroactive validation is not tobe granted unless it is probable that the parties intend topersevere in conjugal life.
Canon 1162.1 If consent is lacking in either orboth of the parties, a marriage cannot be rectified by aretroactive validation, whether consent was absent from thebeginning or, though given at the beginning, was subsequentlyrevoked.
Canon 1162.2 If the consent was indeed absentfrom the beginning but was subsequently given, a retroactivevalidation can be granted from the moment the consent wasgiven.
Canon 1163.1 A marriage which is invalid becauseof an impediment or because of defect of the legal form, can bevalidated retroactively, provided the consent of both partiespersists.
Canon 1163.2 A marriage which is invalid becauseof an impediment of the natural law or of the divine positive law,can be validated retroactively only after the impediment hasceased.
Canon 1164 A retroactive validation may validlybe granted even if one or both of the parties is unaware of it; itis not, however, to be granted except for a grave reason.
Canon 1165.1 Retroactive validation can be granted by the Apostolic See.
Canon 1165.2 It can be granted by the diocesanBishop in individual cases, even if a number of reasons for nullityoccur together in the same marriage, assuming that for aretroactive validation of a mixed marriage the conditions of Canon1125 will have been fulfilled. It cannot, however, be granted byhim if there is an impediment whose dispensation is reserved to theApostolic See in accordance with Canon 1078.2, or if there isquestion of an impediment of the natural law or of the divinepositive law which has now ceased.
ARTICLE 3: THE PROMOTOR OF JUSTICE, THE DEFENDER OF THE BOND AND THE NOTARY
Canon 1432 A defender of the bond is to beappointed in the diocese for cases which deal with the nullity ofordination or the nullity or dissolution of marriage. The defenderof the bond is bound by office to present and expound all that canreasonably be argued against the nullity or dissolution.
PART III: CERTAIN SPECIAL PROCESSES
TITLE I: MATRIMONIAL PROCESSES
CHAPTER I: CASES CONCERNING THE DECLARATION OF NULLITY OF MARRIAGE
ARTICLE 1: THE COMPETENT FORUM
Canon 1671 Matrimonial cases of the baptisedbelong by their own right to the ecclesiastical judge.
Canon 1672 Cases concerning the merely civileffects of marriage pertain to the civil courts, unless particularlaw lays down that, if such cases are raised as incidental andaccessory matters, they may be heard and decided by anecclesiastical judge.
Canon 1673 The following tribunals are competentin cases concerning the nullity of marriage which are not reservedto the Apostolic See:
Canon 1673.1 the tribunal of the place where themarriage was celebrated;
Canon 1673.2 the tribunal of the place where therespondent has a domicile or quasi-domicile;
Canon 1673.3 the tribunal of the place where theplaintiff has a domicile, provided that both parties live withinthe territory of the same Episcopal Conference, and that thejudicial Vicar of the domicile of the respondent, afterconsultation with the respondent, gives consent;
Canon 1673.4 the tribunal of the place in whichin fact most of the evidence is to be collected, provided thatconsent is given by the judicial Vicar of the domicile of therespondent, who must first ask the respondent whether he or she hasany objection to raise.
ARTICLE 2: THE RIGHT TO CHALLENGE THE VALIDITY OF MARRIAGE
Canon 1674 The following are able to challengethe validity of a marriage:
Canon 1674.1 the spouses themselves;
Canon 1674.2 the promotor of justice, when thenullity of the marriage has already been made public, and themarriage cannot be validated or it is not expedient to do so.
Canon 1675.1 A marriage which was not challengedwhile both parties were alive, cannot be challenged after the deathof either or both, unless the question of validity is a necessarypreliminary to the resolution of another controversy in either thecanonical or the civil forum.
Canon 1675.2 If a spouse should die during thecourse of a case, canon 1518 is to be observed.
ARTICLE 3: THE DUTIES OF THE JUDGES
Canon 1676 Before he accepts a case and wheneverthere appears to be hope of success, the judge is to use pastoralmeans to persuade the spouses that, if it is possible, they shouldperhaps validate their marriage and resume their conjugal life.
Canon 1677.1 When the petition has beenaccepted, the presiding judge or the 'ponens' is to proceed to thenotification of the decree of summons, in accordance with canon1508.
Canon 1677.2 If, within fifteen days of thenotification, neither party has requested a session to contest thesuit, then within the following ten days the presiding judge or'ponens' is, by a decree, to decide ex officio the formulation ofthe doubt or doubts and to notify the parties accordingly.
Canon 1677.3 The formulation of the doubt is notonly to ask whether the nullity of the particular marriage isproven, but also to determine the ground or grounds upon which thevalidity of the marriage is being challenged.
Canon 1677.4 If the parties have not objected tothis decree within ten days of being notified, the presiding judgeor 'ponens' is, by a new decree, to arrange for the hearing of thecase.
ARTICLE 4: PROOFS
Canon 1678.1 The defender of the bond, theadvocates of the parties and, if engaged in the process, thepromotor of justice, have the right:
Canon 1678.1.1 to be present at the examinationof the parties, the witnesses and the experts, without prejudice tocanon 1559;
Canon 1678.1.2 to see the judicial acts, even ifthey are not yet published, and to inspect documents produced bythe parties.
Canon 1678.2 The parties themselves cannot bepresent at the sessions mentioned in 1678.1, n. 1.
Canon 1679 Unless the evidence brought forwardis otherwise complete, in order to weigh the depositions of theparties in accordance with canon 1536, the judge is, if possible,to hear witnesses to the credibility of the parties, as well as togather other indications and supportive elements.
Canon 1680 In cases concerning impotence ordefect of consent by reason of mental illness, the judge is to usethe services of one or more experts, unless from the circumstancesthis would obviously serve no purpose. In other cases, theprovision of canon 1574 is to be observed.
ARTICLE 5: THE JUDGEMENT AND THE APPEAL
Canon 1681 Whenever in the course of the hearingof a case a doubt of a high degree of probability arises that themarriage has not been consummated, the tribunal can, with theconsent of the parties, suspend the nullity case and complete theinstruction of a case for a dispensation from a non-consummatedmarriage; eventually it can forward the acts to the Apostolic See,together with a petition, from either or both of the parties for adispensation, and with the Opinions of the tribunal and of theBishop.
Canon 1682.1 The judgement which has firstdeclared the nullity of a marriage, together with the appeals, ifthere are any, and the judicial acts, are to be sent ex officio tothe appeal tribunal within twenty days of the publication of thejudgement.
Canon 1682.2 If the judgement given in firstinstance was in favour of the nullity of the marriage, the appealtribunal, after weighing the observations of the defender of thebond and, if there are any, of the parties, is by its decree eitherto ratify the decision at once, or to admit the case to ordinaryexamination in the new instance.
Canon 1683 If a new ground of nullity ofmarriage is advanced in the appeal grade, the tribunal can admit itand give judgement on it as at first instance.
Canon 1684.1 After the judgement which firstdeclared the nullity of the marriage has been confirmed on appealeither by decree or by another judgement, those whose marriage hasbeen declared invalid may contract a new marriage as soon as thedecree or the second judgement has been notified to them, unlessthere is a prohibition appended to the judgement or decree itself,or imposed by the local Ordinary.
Canon 1684.2 The provisions of canon 1644 are tobe observed even if the judgement which declared the nullity of themarriage is confirmed not by a second judgement, but by adecree.
Canon 1685 As soon as the sentence is executed,the judicial Vicar must notify the Ordinary of the place where themarriage was celebrated. This Ordinary must ensure that a record ofthe decree of nullity of the marriage, and of any prohibitionimposed, is as soon as possible entered in the registers ofmarriage and baptism.
ARTICLE 6: THE DOCUMENTARY PROCESS
Canon 1686 A marriage can be declared invalid onthe basis of a document which proves with certainty the existenceof a diriment impediment a defect of lawful form or the lack of avalid proxy mandate; the document must not be open to anycontradiction or exception. It must be equally certain that nodispensation has been given. When a petition in accordance withcanon 1677 has been received alleging such invalidity, the judicialVicar, or a judge designated by him, can omit the formalities ofthe ordinary procedure and, having summoned the parties, and withthe intervention of the defender of the bond, declare the nullityof the marriage by a judgement.
Canon 1687.1 If the defender of the bondprudently judges that the defects mentioned in canon 1686, or thelack of dispensation, are not certain, he must appeal to the judgeof second instance. The acts must be sent to the appeal judge andhe is to be informed in writing that it is a documentaryprocess.
Canon 1687.2 A party who considers him orherself injured retains the right of appeal.
Canon 1688 The judge of second instance, withthe intervention of the defender of the bond and after consultingthe parties, is to decide in the same way as in canon 1686 whetherthe judgement is to be ratified, or whether the case should ratherproceed according to the ordinary course of law, in which event heis to send the case back to the tribunal of first instance.
ARTICLE 7: GENERAL NORMS
Canon 1689 In the judgement the parties are tobe reminded of the moral, and also the civil, obligations by whichthey may be bound, both towards one another and in regard to thesupport and upbringing of their children.
Canon 1690 Cases for the declaration of nullityof marriage cannot be dealt with by the oral contentiousprocess.
Canon 1691 In other matters concerning theconduct of the process, the canons concerning judicial powers ingeneral and concerning the ordinary contentious process are to beapplied, unless the nature of the case demands otherwise; thespecial norms concerning cases dealing with the status of personsand cases pertaining to the public good are also to beobserved.
CHAPTER II: CASES CONCERNING THE SEPARATION OF SPOUSES
Canon 1692.1 Unless lawfully provided otherwisein particular places, the personal separation of baptised spousescan be decided by a decree of the diocesan Bishop, or by thejudgement of a judge in accordance with the following canons.
Canon 1692.2 Where the ecclesiastical decisiondoes not produce civil effects, or if it is foreseen that therewill be a civil judgement not contrary to the divine law, theBishop of the diocese in which the spouses are living can, in thelight of their particular circumstances, give them permission toapproach the civil courts.
Canon 1692.3 If the case is also concerned withthe merely civil effects of marriage, the judge is to endeavour,without prejudice to the provision of 1692.2, to have the casebrought before the civil court from the very beginning.
Canon 1693.1 The oral contentious process is tobe used, unless either party or the promotor of justice requeststhe ordinary contentious process.
Canon 1693.2 If the ordinary contentious processis used and there is an appeal, the tribunal of second instance isto proceed in accordance with canon 1682.2, observing what has tobe observed.
Canon 1694 In matters concerning the competenceof the tribunal, the provisions of canon 1673 are to beobserved.
Canon 1695 Before he accepts the case, andwhenever there appears to be hope of success, the judge is to usepastoral means to induce the parties to be reconciled and to resumetheir conjugal life.
Canon 1696 Cases of separation of spouses alsoconcern the public good; the promotor of justice must, therefore,always intervene, in accordance with canon 1433.
CHAPTER III: THE PROCESS FOR THE DISPENSATION FROM A RATIFIED AND NON-CONSUMMATED MARRIAGE
Canon 1697 The parties alone, or indeed one ofthem even if the other is unwilling, have the right to seek thefavour of a dispensation from a ratified and non-consummatedmarriage.
Canon 1698.1 Only the Apostolic See givesjudgement on the fact of the non-consummation of a marriage and onthe existence of a just reason for granting the dispensation.
Canon 1698.2 The dispensation, however, is givenby the Roman Pontiff alone.
Canon 1699.1 The diocesan Bishop of the place ofdomicile or quasidomicile of the petitioner is competent to acceptthe petition seeking the dispensation. If the request is wellfounded, he must arrange for the instruction of the process.
Canon 1699.2 If, however, the proposed case hasspecial difficulties of a juridical or moral order, the diocesanBishop is to consult the Apostolic See.
Canon 1699.3 Recourse to the Apostolic See isavailable against the decree of a Bishop who rejects thepetition.
Canon 1700.1 Without prejudice to the provisionsof canon 1681, the Bishop is to assign the instruction of theseprocesses, in a stable manner or case by case, to his own tribunalor to that of another diocese, or to a suitable priest.
Canon 1700.2 If, however, a judicial plea hasbeen introduced to declare the nullity of the same marriage, theinstruction of the process is to be assigned to the sametribunal.
Canon 1701.1 In these processes the defender ofthe bond must always intervene.
Canon 1701.2 An advocate is not admitted, butthe Bishop can, because of the difficulty of a case, allow thepetitioner or respondent to have the assistance of an expert in thelaw.
Canon 1702 In the instruction of the processboth parties are to be heard. As far as possible, and provided theycan be reconciled with the nature of these processes, the canonsconcerning the collection of evidence in the ordinary contentiousprocess and in cases of nullity of marriage are to be followed.
Canon 1703.1 There is no publication of theacts, but if the judge sees that, because of the evidence tendered,a serious obstacle stands in the way of the plea of the petitioneror the exception of the respondent, he can prudently make it knownto the party concerned.
Canon 1703.2 To the party requesting it thejudge can show a document which has been presented or evidencewhich has been received, and he can set a time for the productionof arguments.
Canon 1704.1 When the instruction is completed,the judge instructor is to give all the acts, together with asuitable report, to the Bishop. The Bishop is to express hisOpinion on the merits of the case in relation to the alleged factof non-consummation, the adequacy of the reason for dispensation,and the opportuneness of the favour.
Canon 1704.2 If the instruction of the processhas been entrusted to another tribunal in accordance with Canon1700, the observations in favour of the bond of marriage are to beprepared in that same tribunal. The Opinion spoken of in §1 is,however, the province of the Bishop who gave the commission and thejudge instructor is to give him, together with the acts, a suitablereport on the case.
Canon 1705.1 The Bishop is to transmit all theacts to the Apostolic See together with his Opinion and theobservations of the defender of the bond.
Canon 1705.2 If, in the judgement of theApostolic See, a supplementary instruction is required, this willbe notified to the Bishop, with a statement of the items on whichthe acts are to be supplemented.
Canon 1705.3 If, however, the answer of theApostolic See is that the non-consummation is not proven from theevidence produced, then the expert in law mentioned in Canon 1701.2can inspect the acts of the case, though not the Opinion of theBishop, in the tribunal office, in order to decide whether anythingfurther of importance can be brought forward to justify anothersubmission of the petition.
Canon 1706 The rescript of dispensation is sentby the Apostolic See to the Bishop. He is to notify the parties ofthe rescript, and also as soon as possible direct the parishpriests of the place where the marriage was contracted and of theplace where baptism was received, to make a note of the granting ofthe dispensation in the registers of marriage and baptism.
CHAPTER IV: THE PROCESS IN THE CASE OF THE PRESUMED DEATH OF A SPOUSE
Canon 1707.1 Whenever the death of a spousecannot be proven by an authentic ecclesiastical or civil document,the other spouse is not regarded as free from the bond of marriageuntil the diocesan Bishop has issued a declaration that death ispresumed.
Canon 1707.2 The diocesan Bishop can give thedeclaration mentioned in Canon 1707.1 only if, after makingsuitable investigations, he has reached moral certainty concerningthe death of the spouse from the depositions of witnesses, fromhearsay and from other indications. The mere absence of the spouse,no matter for how long a period, is not sufficient.
Canon 1707.3 In uncertain and involved cases,the Bishop is to consult the Apostolic See.