Impediment (canon law)


In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. 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 Canon Law.

Impediments to marriage

Roman Catholic sacramental theology teaches that the ministers of the sacrament of holy matrimony are the man and woman, and therefore any marriage contracted voluntarily between two baptized and unmarried adults is valid, though under ordinary circumstances the marriage must be witnessed by clergy to be licit. However, various provisions in current canon law outline extraordinary circumstances that would form impediments to marital validity.

Validity vs. liceity

The validity of an action is distinguished from its being licit in that the former pertains to its integrity while the latter its legality.
Impediments to marriage are classified according to many different criteria.

Diriment vs. impedient

In regard to their effect on the sacrament, impediments are either diriment, which invalidate an attempted marriage, or prohibitive, which make a marriage illicit but valid. "Diriment" comes from the Latin word dirimens, that is, an impediment that means the couple cannot be joined. The 1983 Code of Canon Law does not list prohibitive impediments as such, and thus the distinction between validity and licitness is less clear than in previous formularies.

Of divine law vs. of ecclesiastical law

In regard to their origin, impediments are either from divine law, and so cannot be dispensed, or from ecclesiastical law, and so can be dispensed by the competent Church authority. Under the 1983 Code of Canon Law, ecclesiastical impediments only apply to marriages where one or both of the parties is Catholic. Under the prior 1917 Code, ecclesiastical impediments applied to the marriages of non-Catholic Christians as well, unless specifically exempted. Note that, as clarified by articles 2 and 4 of Dignitas Connubii, the Catholic Church now recognizes the diriment impediments of other Churches and ecclesial communities when their members are parties to a marriage.

Other distinctions

Impediments are also classified as follows:
whether they can be dispensed by the local ordinary under ordinary circumstances, or whether their dispensation is reserved to the Pope

List of diriment impediments to marriage

Impediments to the priesthood are divided into "irregularities", which are permanent unless removed by the competent authority and "simple impediments" which may pass with time without action of an ecclesiastical authority. Canon Law also lists various impediments to the exercise of a priesthood that has already been conferred. The bishop can remove most irregularities and simple impediments, except for those involving public apostasy, heresy, or schism; abortion or murder, even if in secret; and existing marriages. Irregularities that cannot be removed by the bishop can be removed by the Holy See.

Irregularities

Note: In the following, canonical references to the 1983 Code of Canon Law are denoted by "CIC", canonical references to the 1917 Code of Canon Law are denoted by "1917 CIC", and canonical references to the 1990 Code of Canons of the Eastern Churches are denoted by "CCEO".