Sacramental Marriage

by Jimmy Akin on May 26, 2008

When is a marriage sacramental?

This is a question that is subject to significant confusion. For a start, some individuals use the word "sacramental" when they mean "valid." In other words, they are under the impression that any marriage that is not sacramental is invalid.

This is not the case. Many people have marriages that are valid in the eyes of God, yet these marriages are not sacramental.

Why?

Because marriage as a sacrament can exist only between two baptized persons. Therefore, if either or both persons are not baptized then their marriage is not a sacrament. That doesn’t mean that it’s invalid. It’s just not a sacrament.

But what about marriages between the baptized? What makes their marriages sacramental? Is it the act of getting married itself that results in the sacrament or, as I’ve heard more than one person suggest recently, is it the act of consummation that makes a marriage between the baptized sacramental?

The answer is found in the Code of Canon Law.

Canon 1055 states:

Can. 1055 §1. The matrimonial 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, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

This means that as soon as the matrimonial contract comes into existence between two baptized persons, they have a sacramental marriage. The moment of sacramentality does not wait upon consummation or anything else.

We can show this, for example, by reading a few additional canons:

Can. 1061 §1. A valid marriage between the baptized is called ratum tantum [established only] if it has not been consummated; it is called ratum et consummatum [established and consummated] if the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of offspring, to which marriage is ordered by its nature and by which the spouses become one flesh.

So there are two kinds of valid–and thus sacramental–marriages between the baptized: those that are established but unconsummated (ratum tantum) and those that are established and consummated (ratum et consummatum). Hence consummation is not necessary for validity or, between the baptized, for sacramentality.

If that’s the case, what does happen at consummation?

Can. 1141 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death.

Can. 1142 For a just cause, the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them, even if the other party is unwilling.

It is consummation that makes valid sacramental marriages indissoluble. Prior to that point, even valid sacramental marriages can be dissolved, as can marriages in which a baptized person is validly but non-sacramentally married to an unbaptized person.

These cases are referred to colloquially as "Petrine privilege" cases, since they involve the action of the Roman Pontiff. (So-called "Pauline privilege" cases involve two unbaptized persons are do not require the intervention of the pope.)

So, to sum up, here are the types of valid marriages that can exist:

Non-sacramental marriages between unbaptized persons
Non-sacramental marriages between a baptized person and an unbaptized person
Sacramental marriages (i.e., between two baptized persons) that are unconsummated
Sacramental marriages (i.e., between two baptized persons) that are consummated

The last of these categories is intrinsically indissoluble. The first three categories are at least potentially dissoluble.

Hope this clarifies matters.

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Karl

Dear Frances,
Is this the first decision in your case? The second? These are important questions. What has your advocate told you? Were you told of your right to seek the second instance case(after one decision has been rendered) being heard before the Roman Rota.
Are you saying that, in writing, you sought a copy of the sentence from the Judicial Vicar, or whomever was the chief judge in your case and that you are being refused a copy of it?
How can you reply if you have not seen the facts, the doubt, or the laws applied to your case, which are all in the sentence, I believe? This appears to be a problem. If this is your first instance decision and it has been published, how can you defend your marriage? You are left to PRESUME that your advocate, or perhaps the Defender of the Bond, or the Promoter of Justice will intervene?
Here are the Canons which relate to the Sentence:
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Can. 1611 The sentence must:
1/ decide the controversy deliberated before the tribunal with an appropriate response given to the individual doubts;
2/ determine what obligations have arisen for the parties from the trial and how they must be fulfilled;
3/ set forth the reasons or motives in law and in fact on which the dispositive part of the sentence is based;
4/ determine the expenses of the litigation.
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Can. 1612 §1. After the invocation of the Divine Name, the sentence must express in order the judge or the tribunal, the petitioner, the respondent, and the procurator, with their names and domiciles correctly designated, and the promoter of justice and defender of the bond if they took part in the trial.
§2. Next, it must briefly relate the facts together with the conclusions of the parties and the formula of the doubts.
§3. The dispositive part of the sentence follows the above, preceded by the reasons on which it is based.
§4. It is to conclude with the indication of the date and the place where it was rendered, with the signature of the judge or, if it is a collegiate tribunal, of all the judges, and the notary.
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Can. 1613 The rules proposed above for a definitive sentence are to be adapted for an interlocutory sentence.
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Can. 1614 The sentence is to be published as soon as possible, with an indication of the means by which it can be challenged. It has no force before publication even if the dispositive part was made known to the parties with the permission of the judge.
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Can. 1615 Publication or communication of the sentence can be done either by giving a copy of the sentence to the parties or their procurators or by sending them a copy according to the norm of ⇒ can. 1509.
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Canon 1509 advises about how the "juridical acts" are to be sent to the parties involved in a case(ex by the mail or other secure method).
In Dignitas Connubii, which contains specific instruction to be followed by marriage tribunals, there is the following citation regarding the sentence and its publication:
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Art. 258 – § 1. The publication or communication of the sentence is to be made either by giving a copy of the sentence to the parties or their procurators, or by sending it to them in accordance with art. 130 (cf. can. 1615). MY INSERTION(THIS IS THE SAME, ESSENTIALLY, AS CANON 1509 REGARDING THE MAIL, ETC)
§ 2. The sentence must always be communicated in the same way to the defender of the bond and to the promoter of justice, if he took part in the process.
§ 3. But if a party has declared that he does not want any notice at all about the cause, he is considered to have renounced his right to obtain a copy of the sentence. In such case, with due observance of particular law, the dispositive part of the sentence may be communicated to the same party.
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Unless you have indicated your desire to not want to be notified, or perhaps were absent from the proceedings by declaration of the judge earlier on in the process, at LEAST your advocate should have been served with the sentence.
Frances, do not sit around and wait. Act. Speak to your advocate and find out just what is going on.
What was the decision in the case? Was it a positive decision in favor of nullity or was it negative, which indicates that nullity was not proven?
God speed, Frances. What you do is your choice, but you must do something if you have not received a copy of the sentence and it has already been published. Time passes and the tribunal will act on its own, within its mandated times and if you want to be part of this you must insert yourself.
If you are ignored all around, then, ask to speak to the bishop, with great urgency. He has the responsibility over the tribunal in his diocese.

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