Marriage Preparation

National Conference of Catholic Bishops
United States of America

Decree of Promulgation

On November 18, 1998, the Latin Rite de iure members of the National Conference of Catholic Bishops approved complementary legislation for Canon 1067 of the Code of Canon Law for the Latin Rite dioceses of the United States.

The action was granted recognitio by the Congregation for Bishops in accord with article 82 of the Apostolic Constitution Pastor Bonus and issued by Decree of the Congregation for Bishops signed by His Excellency Most Reverend Giovanni Battista Re, Prefect, and His Excellency Most Reverend Franciscus Monterisi, Secretary, and dated September 30, 2000.

The National Conference of Catholic Bishops, in accord with the prescriptions of Canon 1067 and with due regard for Canon 1068, hereby decrees that the following norms shall be observed in preparation of a couple for marriage:

1) The couple should receive appropriate education and pastoral preparation through participation in a marriage preparation program approved by the diocesan bishop;
2) Parties should be questioned as to their freedom to marry;
3) Baptized Catholics should present a recently issued annotated baptismal certificate;
4) Where necessary, additional documentation (such as affidavits of parents) attesting to a Catholic party's freedom to marry should be presented;
5) Baptized non-Catholics should present satisfactory proof of baptism and freedom to marry;
6) Unbaptized persons should present satisfactory proof of freedom to marry;
7) Preparation for marriage should be in conformity with the prescriptions of Canon 1063 (regarding what must precede marriage) and Canons 1064, 1071, 1072, 1086.2 and 1125, which entrust certain situations to the special care of local ordinaries;
8) Preparation for marriage should be in compliance with appropriate civil laws.

As President of the National Conference of Catholic Bishops, I hereby decree that the effective date of this decree for all the Latin Rite dioceses in the United States will be December 1, 2000.

Given at the offices of the National Conference of Catholic Bishops in Washington, DC, on October 20, 2000.

Marital Questions

Banns of Marriage - In response to a question posed several times, the banns of marriage are not required for determining freedom to marry in the Diocese of Wilmington. Banns were dropped when the initial phase of the Policy for Marriage Preparation took effect July 1, 1997. In determining freedom to marry, the priests or deacon is to use Form M-1 as well as any other methods which he deems appropriate, e.g., Form M-2 (Diocese of Wilmington Policy on Marriage Preparation, page 6).
Registration of Clergy - Michael Richards of the Bureau of Vital Statistics has advised us that as a result of a recent state law civil registration of the clergy is no longer required for a priest or deacon to officiate at a wedding in the State of Delaware. Hence, the filling out of cards to be filed with the State by newly ordained at the time of ordination and assignment or visiting priests and deacons is not necessary.
Delegation for Marriages - According to diocesan faculties, pastors and associate pastors have delegation for all marriages within the parish to which they are assigned Catholics of the Latin Rite. A priest coming from outside the parish must be delegated for each marriage at which he officiates by the pastor or associate. Priests in residence enjoy general delegation for all marriages in the territory of the parish where they reside. Deacons require specific delegation for each marriage they perform from the pastor or associate of the parish where the marriage takes place (Diocese of Wilmington Pastoral Manual, p. 3 and p. 376).

MARRIAGE DISPENSATIONS

Can a priest dispense from canonical form in addition to disparity of cult when all wedding plans have been made and it is discovered that both dispensations have not been granted?

Faculty #18 of the Diocesan Faculties allows parish priests to dispense their subject from impediments of which disparity of cult is one, but not canonical form. The canonical form dispensation is reserved to the Bishop's Office and Chancery because of concerns about the place and the officiant. Also, if the Catholic party, usually the groom, comes from outside the Diocese, it is from that Diocese that both dispensations should come. In short, requests for dispensations of any kind should be made of the Chancery in a timely manner before weddings. Faculty #18 is to be used in an emergency which should indeed be infrequent.

MARRIAGES - EASTERN RITE

What Special Cautions are needed in an Eastern Rite Marriage?
Priests and deacons preparing couples for marriage might note that there are complications  arranging marriages with Eastern Rite Catholics. If they marry Latin Rite Catholics, a special permission is needed for the ceremony in the Latin Rite. This permission can be given by the diocesan bishop of either party. However, when an Eastern Rite Catholic approaches a Latin Rite priest to arrange for marriage to a non-Catholic only the Eastern Rite diocesan bishop is competent to issue the necessary permission for mixed marriage or dispensation from disparity of cult. Also, only the Apostolic Pro Nuncio has the faculty to dispense from the canonical form if the ceremony is to be held in an Orthodox non-Catholic Church.

MARRIAGE IN PRIVATE HOMES,
GARDENS, PARKS, ETC.

From time to time the Bishop's Office and Chancery receive requests for marriage by a priest or deacon in private homes, gardens, parks. The rule regarding place of marriage is found in Canon 1118 (see also Pastoral Manual p. 213). Marriages between Catholics are to be celebrated in a parish church. The chapels of religious houses or institutions are not approved places for Catholic marriages. Marriages between a Catholic and a baptized non-Catholic are likewise to be celebrated normally in the parish church. With a dispensation from canonical form, they may be celebrated outside the parish church of the Catholic party. Even in the case of a mixed marriage with a canonical form dispensation because the minister of another faith is officiating, the Church is to insist that the ceremony be in a church or chapel of the non-Catholic party's religious faith. Only in an extraordinary case (i.e., illness of one of the spouses and this only for a just and reasonable cause) will the Bishop permit a marriage of Christians to be celebrated outside a church or oratory.

Wedding supplements in magazines and newspapers in recent times emphasize the attractiveness of outdoor weddings. Catholics naturally are impressed by them. While no one can deny that the outdoors is created by God and reflects His glory in both the Old and New Testaments, there is reference to certain places set aside for God's action with His people and the sacred setting of the Church - center of the parish family - helps us emphasize that closeness to God.

PRENUPTIAL AGREEMENTS

If in the course of marriage preparation you discover that a couple has a prenuptial agreement, please send as soon as possible a copy of the prenuptial agreement to the Chancellor, Msgr. Barres, for his review. After the review, Msgr. Barres will contact the priest or deacon about the next steps to take. Question #12 on the Pre-Marital Inquiry Form, p. 3, was placed there for the priest to raise this matter as a point of discussion with a couple seeking marriage.

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