The deepest motive for marital fidelity lies in the fidelity of God to His
Covenant and that of Christ to His Church.
Spouses are called to represent this fidelity and witness to
it.
Matrimonial Consent is an act of the will by which a man and a
woman, in an irrevocable covenant, mutually give and accept each other in
marriage. Marriage is brought about through the consent of the parties.
-Matrimony is defined as the marriage covenant by which a man
and woman establish between themselves a partnership of the whole of life and is
by its nature ordered towards the good of the spouses and the procreation and
education of offspring.
-Marriage is defined as a covenant to clearly state the
divine nature of the agreement. Marriage is an agreement that the spouses make
with each other and with God.
-What makes the matrimonial covenant different from a civil
marriage contract is that a marriage covenant is an agreement the couple makes
with one another and with God in Christ, while a civil marriage contract is an
agreement the couple makes with one another and the State. A marriage covenant
cannot be rescinded at will by the spouses. Jesus said, “what God has joined,
let no one separate.” (Mark 10:9)
-The model for the holy covenant of marriage is the union
between Christ and his Church: a mutual love where husband and wife are ready to
make sacrifices for each other as Jesus Christ sacrificed himself for the Church
and as the Church sacrifices herself to bring souls to Him.
-The essential properties of marriage are UNITY and
INDISSOLUBILITY. These properties are rooted in the Bible: Genesis 2:24, Mk
10:2-12, Lk 16:18, Eph 5:32, Rm 7:3. Unity means that the covenant established
is between one man and one woman. Indissolubility means that the bond of
sacramental marriage cannot be broken except by death of either husband or wife.
-In order for Consent to be valid and binding, certain
elements are required. If these elements are not present, the Consent is
defective and thus invalid.
-The Consent must be a freely chosen act of the will. If the
consent was made due to force or fear that is grave, it is defective. The
Consent must be authentic, a true act of the will. *If one of the parties is
simulating marriage, the consent is defective. The Consent must be
unconditional. Condition placed on marriage renders a consent defective such
that if condition is removed, they would no longer wish to be married.
-Consent is defective if it is based on a lack of due reason:
A person must have sufficient use of reason, and sufficient ability to suggest a
human act of intellect and will. This may be absent due to things such as
transitory disturbance, schizophrenia, profound limited mental capability, etc.
-Consent may be defective due to a grave lack of discretion
or judgment. This involves the will and not just the intellect. One must be
capable of making a mature judgment based on an understanding of what marriage
entails. One’s decision to marry must be rational and informed. Sufficient
discretion involves the ability to evaluate critically the decision to marry in
light of consequent obligations and responsibilities, one’s own motivation,
one’s strengths and weaknesses, as well as those of the other party, and one’s
ability to live up to the demands of marriage.
-Consent may be defective on the grounds of a lack of due
competence. That is, one is incapable of marriage if one is unable to assume the
essential obligations of marriage due to psychological reasons.
-Consent may be defective on the grounds of error regarding
the person.
-Consent may be defective if they lack knowledge about the
nature of marriage. That is, a person must not be ignorant of even one of the
following elements: That marriage is permanent, that marriage is a partnership,
that it is a relationship between one man and one woman and ordered toward
children and involves sexual and bodily cooperation.
*Also, if there is a positive act of the intellect and will
to exclude the unity, indissolubility, and sacramental nature of marriage, the
person simulates marriage and thus renders it defective. For example, if there
is an intention against unity, perhaps they refuse to accept the fact that
marriage is between one man and one woman, or perhaps the person marries with
the mindset that the marriage is not permanent, or perhaps a person marries with
the intention of abandoning the sacramental nature of marriage. Remember, the
sacramental nature of marriage means that the marriage is rooted in Jesus Christ
and in His Church. If there is a refusal to accept this reality at the time of
marriage, the consent is rendered defective.
-Consent could also be rendered defective if either party
refuses to have children, refuses to have more than a certain amount of
children, or refuses to have children after a certain period of time or when
certain accomplishments have been achieved.
