Catholic The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

, a validation of marriage or convalidation of marriage is the validation of a Catholic

putative marriage 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 part ...

. 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 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 ...

, or its dispensation, or the removal of defective consent.can. 1156, 1 CIC/83 However, the children of a putative marriage are legitimate.

Simple convalidation

If the impediment to a marriage is a defective consent by one or both parties, a simple renewal of consent removes the impediment and can effect validation. When a couple has received a dispensation, the partners may validate the marriage by a simple renewal of consent according to canonical form as a new act of the will.can. 1157 CIC/83. When the impediment had affected only one of the parties and the other was unaware of the impediment, only the one aware of the impediment must renew consent. If the impediment is known to both parties, or the impediment is public, then a public renewal of consent by both parties is required.

Radical sanation

The

Pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

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 line or in the second degree of the collateral line).can. 1078, §3 CIC/83 ''Sanatio in radice'' retroactively dispenses the impediment and makes a putative marriage valid from the time the ''sanatio'' is granted.can. 1161, 1 CIC/83 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 renovation is required. In such a case, it is requisite that the consent of both parties to the marriage had not ceased and that their marriage had had the external appearance of a true marriage.

References

Bibliography

Code of Canon Law - Wm. Woestman, Canon Law of the Sacraments for Parish Ministry, Ottawa 2007. {{Catholic, wstitle=Validation of Marriage Catholic matrimonial canon law Marriage in the Catholic Church