Glossary
Canonical form: Under normal circumstances, canonical form requires the exchange of vows by the parties before an authorized assistens (local ordinary, pastor, priest, deacon, or delegate), and before two witnesses. The assistens is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.
Catholic marriage: A Catholic marriage is defined as one in which at least one of the parties to the marriage is a Catholic.
Consent: Consent to marry, or rather one's capability to provide proper consent, is a complex issue which requires the careful investigation and determination by a trained canonist. It is defined as an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage (c. 1057 §2).
Defender of the Bond: A defender of the bond is appointed in each diocese, who is to be a cleric or lay person, of unimpaired reputation, having a doctorate or licensed in canon law, and proven in prudence and zeal for justice. The defender is bound by office to propose and explain everything which reasonably can be brought forth against nullity or dissolution.
Diriment impediment: A diriment impediment is a condition, the existence of which makes the person unqualified to contract marriage validly. Most of these conditions are established by Church law and can be dispensed by the proper ecclesiastical authority. Impediments of divine law (ligamen prius, impotency, and certain degrees of consanguinity) cannot be dispensed.
Judge: A judge may be a cleric or lay person, of unimpaired reputation, having a doctorate or at least be licensed in canon law.
Judicial Vicar: The judicial vicar must be a priest, of unimpaired reputation, a doctor or at least licensed in canon law, and not less than thirty years of age.
Ligamen Prius: Ligamen Prius are the Latin words meaning “prior bond.” When someone marries, that exchange of vows establishes an indissoluble bond between the parties, which enjoys the favor of the law and is presumed valid until it can be proven otherwise through a formal investigation by a Tribunal and subsequent finding of nullity.
Moral certitude: For the pronouncement of any sentence, the judge must have moral certitude about the matter to be decided by the sentence. The judge must derive this certitude from the acts and the proofs (c. 1608 §§1-2). It lies between absolute certainty and probability, being characterized on the positive side by the exclusion of well-founded or reasonable doubt and, on the negative side, not admitting the absolute possibility of the contrary.
Permission/Dispensation: The Church anticipates that her members, sharing the same Faith in her founder, Jesus Christ, and handed down through his Apostles over the centuries, will normally marry another Catholic. In more pluralistic societies of the modern world, this ideal is becoming less frequent. When a Catholic chooses to marry a Christian who is not in full communion with the Church, permission is required. Moreover, Church law prohibits marriage with an non-baptized person, unless dispensation is granted from this diriment impediment.
Sacrament: The sacraments of the New Testament were instituted by Christ the Lord and entrusted to the Church. As actions of Christ and the Church, they are signs and means which express and strengthen the faith, render worship to God, and effect the sanctification of humanity and thus contribute in the greatest way to establish, strengthen, and manifest ecclesiastical communion. Marriage is one of seven such sacraments.