DOCUMENTATION

242.	i	Christ Our Lord has raised the marriage contract between baptized persons to the dignity of a sacrament.
	ii	Hence there can not be a valid marriage contract between baptized persons which is not a sacrament.
243.	i	Marriage, made by mutual consent as described in 295sq., is the intimate sharing of their whole life by a man, and a woman which by its very nature leads them towards the procreation and education of children.
	ii	The essential properties of marriage are its unity and indissolubility, which in a Christian marriage have a special strength by reason of the sacrament.
244.		Marriage is favoured by the law; hence in a case of doubt, the validity of a marriage is to be upheld until the opposite is proved (except in the case of 345).
245.	i	Any valid marriage is called legitimate.
	ii	A valid marriage between baptized persons is called ratified if it has not been completed by consummation; it is called ratified and consummated if the husband and wife have had sexual intercourse by an act suited of itself for procreation, towards which marriage of its nature leads, and by which the two are made one flesh.
	iii	If the husband and wife live together after the marriage has been celebrated, consummation is presumed, unless the opposite is proved.
	iv	Any invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until such time as both are aware of its nullity.
246.		Marriage since it is the principle and foundation of human association also concerns civil society. Since however a marriage between baptized persons is one of the sacraments of the New Law, Christ has entrusted to his Church the discipline and care of this sacrament as regards its integrity and holiness. The marriage of baptized persons, even when only one is baptized, is governed not only by divine but also by canon law, leaving however to the civil authorities the competence to deal with the merely civil effects of such a marriage.
247.	i	A promise to marry, whether unilateral or bilateral, or engagements to marry are governed by local law which will be determined by the Episcopal Conference, after taking into consideration the local customs and civil law, if such exist.
	ii	The promise to marry does not give anyone the right to demand the celebration of the marriage; it does however give the right to claim compensation for any loss incurred.
248.		Pastors are bound by their office to fulfill their duty of giving catechetical instruction about the sacrament of marriage, in accordance with the norms established by the ecclesiastical authorities.

249.	i	In accordance with the needs of the time and the place, pastors should use suitable means to ward off all dangers of invalid and unlawful marriages being celebrated. Hence it should be established before a marriage is celebrated that there is no obstacle to a valid and lawful celebration.
	ii	When there is danger of death, or an urgent case for the celebration of the marriage, if other proofs can not be had, the statement of the parties concerned, under oath if necessary, that they are baptized and that they are not bound by any impediment, is sufficient unless there are indications to the contrary.
250.		Let the Episcopal Conferences determine norms for the prenuptial enquiry, the publication of the banns, and other suitable means of investigation to be made before the marriage takes place; and after these have been carefully observed, the parish priest may proceed to assist at the marriage.
251.		Let Catholics who have not received the sacrament of Confirmation be confirmed before their marriage if they can do so without serious inconvenience.
252.		All the faithful are obliged to reveal the existence of impediments known to them to the parish priest or the Ordinary before the celebration of the marriage.
253.	i	One's own Ordinary in his own prudence and for a just and reasonable cause can dispense from the publication of the banns even in another diocese.
	ii	If one has several Ordinaries, the dispensation pertains to him in whose diocese the marriage is celebrated; but if the marriage is celebrated outside one's own dioceses, any of the above Ordinaries can dispense.
254.		If anyone other than the parish priest who should witness to the marriage has made the pre-nuptial enquiries, he should let this parish priest know the results as soon as possible and by an authentic document.
255.		Except in case of necessity, the parish priest should not assist at the marriage of vagrants before bringing the case to the Ordinary of the place, and obtaining his permission.
256.(new)		Let the parish priest proceed in the same way as in 255 when there is question of a marriage between two persons who during a previous marriage committed adultery between themselves, and contracted a civil marriage.
257.	i	Let the Parish priest (each the engaged couple according to their different situation about the sanctity of marriage, their mutual obligations to one another and the obligations of parents to their children.
	ii	The parish priest should take care to prepare the celebration of the marriage in such a way that its sacramental dignity is brought to light and the parties and others assisting take an active part in the sacred rite.
258.		Let the parish priest warn minors not to contract marriage without the knowledge of their parents, or when they are reasonably opposed. If they refuse to accept this this advice, he should not assist at their marriage without prior consultation with the Ordinary of the place.

259.		All can marry who are not prohibited by the law.
260.	i	A prohibiting impediment means that it is seriously forbidden to contract the marriage, but that if nevertheless it is contracted, the marriage is not thereby rendered invalid.
	ii	A diriment impediment both forbids the celebration of the marriage, and also prevents it from being validly contracted.
	iii	All impediment even if it binds only one of the parties, makes the marriage illicit or invalid.
261.		An impediment is public when it can be proved in the external forum; otherwise it is secret.
262.	i	It pertains solely lo the supreme authority in the Church to stateauthentically when divine law forbids or nullifies a marriage.
	ii	The same supreme authority has the right (privative) to, determine other impediments either prohibiting or diriment for baptized persons, without detriment to iii.
	iii	Episcopal Conferences in particular circumstances can set up particular impediments, either prohibiting or diriment, by a decree published in accordance with the law.
263.		Only those who were baptized into or received into the (new)Catholic Church and have not formally defected are bound by purely ecclesiastical impediments.
264.(new)		Only the supreme authority in the Church can abrogate in whole or in part the impediments of ecclesiastical law, Episcopal Conferences however retaining the right to abrogate impediments set up by themselves.
265.	i	The Ordinary of the place can forbid persons living in his diocese or even his subjects living outside his territory to get married in a particular case, but only for a time and while a grave reason exists.
	ii	Only the supreme authority in the Church can add a nullifying clause to this prohibition.
266.	i	The local Ordinary can dispense his own subjects wherever they are staying and all those actually living in his territory from all impediments of ecclesiastical law, with the exception of those whose dispensation is reserved to the Holy See.
	ii	The impediments from which dispensation is reserved to the Holy See are: ─
		1)The impediment of age, as often as the lack of the required age exceeds one year;
		2)The impediment arising from sacred orders or from perpetual profession in an institute of consecrated life;
		3)The impediment of crime as described in 290;
		4)The impediment of consanguinity in the collateral line up to the third degree, with the caution however that a dispensation from consanguinity in the direct line is not given;
		5)The impediment arising from affinity in the direct line.
267.		A custom introducing a new impediment or contrary toexiling impediments stands condemned.
268.		In danger of death, the local Ordinary can for conscience sake and, if necessary to legitimise children, dispense his own subjects wherever they may be and all those actually living in his territory from the canonical form and from all ecclesiastical impediments, public or secret, provided he guards against scandal.
269.	i	In the same circumstances as in 268 but only for cases where the even the local Ordinary can not be approached, the parish priest, or a sacred minister properly delegated, or a person properly delegated in accordance with 318, iii, either priest or deacon, to assist at the marriage has the same power to dispense. Likewise a confessor if it concerns a secret case, for the internal forum but outside the act of sacramental confessio.
	ii	In the case above in i, the local Ordinary is considered not to be available if he can only be reached by telephone or by telegraph.
270.	i	The local Ordinary under the conditions stated at the end of 268.i can dispense from all the impediments mentioned in 268 whenever an impediment is discovered or brought to the notice of the Ordinary or the parish priest at a time when all the preparations for the marriage have been made and the marriage can not be postponed without probable danger of serious harm while the matter is being referred to the Holy See.
	ii	This power can also be used to convalidate a marriage if there is the same danger in delay and there is not time to recur to the Holy See, or to the Ordinary in cases where he can dispense from the impediments.
	iii	In the same circumstances, all those mentioned in.269,i have the same powers subject to the same conditions, but only if the case is by its nature or in fact secret and recourse can not be had even to the local Ordinary in accordance with 269 or only with danger of violating the secrete and a confessor must observe what is prescribed in 269.
271.		The parish priest or the priest or deacon mentioned in 269 must inform the local Ordinary immediately about the dispensation given for the external forum; and the dispensation must be noted in the marriage register.
272.		Unless the reply from the Sacred Pentitentiary says otherwise, a dispensation, given in the internal non-sacramental forum for a secret impediment, should be noted in the book which is to be kept in the secret archive of the Curia (according to CIC 379); and no other dispensation for the external forum is necessary even if the secret impediment later becomes known publicly.
273.		The Ordinary who gave testimonial letters or transmitted the requests to the Holy See executes the dispensations from public or known impediments entrusted to the Ordinary of the petitioners, even though the parties have left for another diocese never to return; he should however inform the Ordinary of the Place where they will contract the marriage.

274.		A public temporary vow of perfect chastity, as long as it obliges, prohibits marriage.
275.		Those who are prevented by the civil law from marrying one another on account of legal relationship arising from adoption (or wardship) are also prohibited by canon law from marrying one another.
276.		Marriage between two baptized persons, one of whom is Catholic, the other not, without prior dispensation of the competent authority, is prohibited. By its nature such a marriage does not allow for the full spiritual communion of the spouses.
277.	i	The local Ordinary can dispense from the impediment of mixed religion provided there is a just and reasonable cause, and the conditions found in ii, iii, iv are fulfilled.
	ii	To obtain a dispensation the Catholic party should declare that he is ready to remove the dangers of losing his faith; he also has a grave obligation to make a sincere promise that he will do all in his power to have all the children baptized and educated in the Catholic Church.
	iii	The non-Catholic party should be informed in good time of the promises to be made by the Catholic party, so that it is clear that he is truly aware of the Catholic party's promise and obligation.
	iv	Both parties should be instructed about the aims and essential properties of marriage which they may not exclude from their union.
278.		The Episcopal Conference should determine by a legal decree the manner of making these declarations and promises, which are always required, whether just orally, or in writing or before witnesses. It should also determine the manner in which these statements may be proved in the external forum and how the non-Catholic party is to be informed, and anything else that is to be required in special circumstances.
279.		Let local Ordinaries and other pastors ensure that spiritual help is not wanting to the Catholic party and to children born of a mixed marriage so that they may fulfill their duties of conscience; and let them help the spouses in fostering unity in their married and family life. Hence it is most desirable that these same pastors enter into relations with the ministers of other religious communities, fostering them by sincere uprightness and wise trust.
280.		Let the Episcopal Conferences inform the Holy See about what they have determined in accordance with 278, 319.iii,321.iii concerning mixed marriages.
281.		If anyone has notoriously renounced the Catholic faith, even if he has not joined another Christian community, or if he joins a society condemned by the Church, the parish priest should not assist at his marriage unless the local Ordinary has given him permission, in accordance with the norms of 277, adapted to the situation.

282.	i	A man who has not completed sixteen years of age, and a woman who has not completed fourteen, can not contract a valid marriage.
	ii	The Episcopal Conference is free to fix a later age for the celebration of marriage, in accordance with 262-iii.
	iii	Although a marriage contracted after the stated age is valid, pastors should strive to dissuade youths from marrying before the age customary in the region.
283.	i	Coital impotence if antecedent and perpetual, whether on the part of the man or of the woman, whether it be absolute or relative, makes a marriage naturally invalid.
	ii	If the impediment of impotency is doubtful, whether in law or in fact, the marriage is not to be stopped, nor, while the doubt remains, is it to be declared invalid.
	iii	Sterility neither prohibits a marriage, nor renders it invalid, except where 300 is verified.
284.	i	He who is bound by a previous marriage even though never consummated invalidly attempts another marriage, except where the privilege of faith obtains.
	ii	Although a previous marriage was invalid or dissolved for some reason, it is not lawful to contract another marriage before having legal and certain proof of the nullity or dissolution of the previous marriage.
285.	i	A marriage between two persons, one of whom was baptized in the Catholic Church or received into it and has never formally defected, and the other is not baptized is invalid unless beforehand a dispensation has been obtained from the competent authority.
	ii	If one person at the time of the marriage was commonly held to be baptized or his baptism was doubtful, the marriage is presumed valid in accordance with 244 until there is certain proof that one person was baptized, and the other not baptized.
286.		What is prescribed in 277-280 ought also be applied to marriages impeded by disparity of cult.
287.	i	Those in sacred orders invalidly attempt marriage.
	ii	Also the married deacons spoken of in 211.i, ii, are not able to contract a new marriage.
288.		Those who have taken a public perpetual vow of chastity invalidly attempt marriage.
289.		There can be no marriage between a man and a woman abducted, or at least detained with a view to marrying, as long as she remains in his power, unless the woman afterwards freely and willingly chooses to marry him.
290.		He who kills his own spouse or the spouse of another for the purpose of marrying this other person, invalidly attempts the marriage.
291.	i	In the direct line of consanguinity, a marriage between all forebears and descendents, whether legitimate or not, is invalid.
	ii	In the collateral line, it is invalid up to and including the fourth grade.
	iii	The impediment of consanguinity is not multiplied.
	iv	A marriage is never permitted if there is a doubt about a blood relationship between the persons in any degree of the direct line or in the second degree of the collaternal line.
292.	i	Affinity in any degree in the direct line, and up to the second degree in the collaternal line, renders a marriage invalid.
	ii	The impediment of affinity is not multiplied.
293.	i	The impediment of so-called public honesty arises from an invalid marriage after which the parties have lived together, and from notorious or public concubinage, and it prevents a marriage taking place between a man and a relative in the first degree of consanguinity in the direct line, of the woman; and vice versa.
	ii	The invalid marriage mentioned in also includes a civil marriage which is invalid because of lack of canonical form.
294.		Those who are considered by the civil law as incapable of marrying one another because of legal relationship arising from adoption or wardship are also incapable of marrying by reason of the canon law.

295.	i	It is the consent of the parties which makes the marriage, a consent lawfully manifested between two persons whom the law considers capable of marriage. No human authority can take the place of this consent.
	ii	The matrimonial consent is an act of the will by which a man and a woman, through a pact, set up a fellowship of conjugal life which is perpetual and exclusive and by its nature inclined to the begetting and education of children.
296.(new)		The following are incapable of contracting marriage:
		1)those who are so affected by mental disease or a serious disturbance of the mind that they can not give a matrimonial consent due to the lack of the use of reason;
		2)those who labour under a serious defect in their prudential judgment concerning the rights and duties which have to be given and accepted in marriage.
297.(new)		Those who are unable to undertake the essential obligations of marriage because of a serious psychosexual anomaly are also incapable of contracting marriage.
298.	i	For a matrimonial consent it is necessary that the contracting parties should at least not be unaware that marriage is a permanent fellowship between a man and a woman, leading to the procreation of children through some bodily cooperation.
	ii	Ignorance is not presumed after puberty.
299.	i	An error about the person renders the marriage invalid.
	ii	An error about a quality in the person, even if it is the reason for marrying, does not render the marriage invalid unless it amounts to an error concerning the person.
300.(new)		He who is deceived into marriage by a trick played to obtain his consent and concerning a certain quality in his partner, liable (by its absence) to disturb seriously the fellowship of their married life, contracts marriage invalidly.
301.		An error concerning the unity or indissolubility of marriage, provided it does not influence the will, does not vitate the matrimonial consent.
302.		Knowledge of or an opinion about, the nullity of a marriage does not necessarily exclude a matrimonial consent.
303.	i	Internal consent is always presumed to be in conformity with the words or signs used in the celebration of marriage.
	ii	But if one or other party by a positive act of the will excludes marriage itself or the right to common life or the right to the conjugal act or some essential property of marriage, he contracts marriage invalidly.
304.		A marriage is invalid if it is entered into through force or grave fear inflicted unjustly from outside, even though indeliberately, and the party is compelled to choose marriage in order to free himself from this force or fear.
305.	i	To contract a valid marriage the parties must be present together either in person or by a procurator.
	ii	Couples should express their matrimonial consent verbally; but if they can not speak, they can do so by equivalent signs.
306.	i	To marry validly through a procurator, it is necessary that there should be a special mandate to contract marriage with a certain person; and that the procurator should be designated by the person so mandating, and should personally fulfill his obligation.
	ii	For the mandate to be valid, it should be signed by the person mandating and also by the parish priest or the Ordinary of the place where the mandate is made out, or by a priest delegated by one or other of these, or by at least two witnesses.
	iii	If the person mandating can not, or does not know how to write, this fact should be noted in the mandate and another witness added who will also sign the mandate. Otherwise the mandate is invalid.
	iv	If the person mandating revokes his mandate or becomes mad before the procurator contracts the marriage in his name, the marriage is invalid, even if either the procurator or the other contracting party is ignorant of tills fact.
307.		The parish priest should not assist at a marriage contracted through a procurator unless there is a just cause and there is no doubt about the authenticity of the mandate; and if there is time, he should have the Ordinary's permission.
308.		A marriage can be contracted through an interpreter, but the parish priest may not assist at such a marriage unless he is sure of the trustworthiness of the interpreter.
309.	i	A marriage can not be validly entered into with a condition concerning the future.
	ii	A marriage entered into with a condition concerning the past or the present will be valid or not accordingto whether the condition is fulfilled or not.
310		Even if a marriage was invalid by reason of an impediment or a defect in the form, the consent which was given is presumed to continue until there is proof that it has been revoked.

DOCUMENTATION

A FINAL DRAFT OF THE PROPOSED NEW CANON LAWON MARRIAGE

Translated by Edward Collins

Introductory:--

TITULUS VII

ON MARRIAGE

CHAPTER I MARRIAGE PRELIMINARIES

CHAPTER II IMPEDIMENTS IN GENERAL

CHAPTER IIIPROHIBITING IMPEDIMENTS

CHAPTER IV DIRIMENT IMPEDIMENTS

CHAPTER VMATRIMONIAL CONSENT

CHAPTER VITHE FORM OF CELEBRATION

OR ALTERNATIVELY:

CHAPTER VIITHE CELEBRATION OF SECRET MARRIAGES

CHAPTER VIIITIME AND PLACE OF CELEBRATION

CHAPTER IX EFFECTS OF MARRIAGE

CHAPTER X CONJUGAL SEPARATION

Art.1 SOLUTION OF THE BOND

Art. 2 SEPARATION WITHOUT DISSOLUTION

CHAPTER XI CONVALIUATION OF MARRIAGE

Art. I SIMPLE CONVALIDATION

Art.2 SANATIO IN RADICE (RADICAL HEALING)

311.	i	Only those marriages are valid which are contracted in the assisting presence of the local Ordinary, or the parish priest or a priest or deacon delegated by either of these two, as well as two other witnesses, in accordance with the rules given in the canons which follow, and allowing for the exceptions spoken of in 315, 318 and 319.
	ii	To assist at a marriage means asking and receiving while present the declaration of consent by the contracting parties.
312.		The parish priest and the local Ordinary by reason of their office validly assist at the marriages within their territory not only of their own subjects but also of others, from the day they take up office and as long as they are validly in office.
313.	i	The parish priest and the local Ordinary, as long as they are validly in office can delegate power, even in a general way, to priests and deacons to assist at marriages within their territories.
	ii	The delegation of power to assist at marriages, in order that it should be valid, ought to be given expressly to definite persons, and if it is a question of general delegation, in writing.
314.(new)		A special delegation is only to be granted after provisionlas been made for all that the law determines concerning the proof of freedom to marry.
315.(new)		The Church convalidates a marriage by a "sanatio in radice" from the moment of its celebration when the priest or deacon who assists lacks the power to assist, provided the marriage was celebrated in a church or oratory before two witnesses, and the assistant was not forbidden by the ecclesiastical authorities from assisting at the marriage.

315.		In case of common error, whether in fact or in law, and in case of a positive and probable doubt, whether in fact or in law, the Church supplies the power to assist at a marriage.
316.		He who assists at a marriage acts unlawfully unless
		1)He has obtained permission from the parish priest of the place of the marriage or the local Ordinary to assist at this marriage, whenever he is using a general delegation; and
		2)He is certain of the contracting persons' freedom to marry in accordance with the law.
317.(new)		Marriages may be celebrated in the parish where one or other of the contracting persons has a domicile or a ques: ─ domicile or has lived there for a month; for a just reason it can be celebrated elsewhere with the permission of the parish priest of that place. However the marriage of vagrants who have not even lived one month in a place should be celebrated in the parish where they actually are.
318.	i	When there is danger of death, if an assistant in accordance with 312-313 can not be had without serious inconvenience, a marriage is validly and lawfully contracted before witnesses alone.
	ii	Outside danger of death, if an assistant in accordance with 312-313 can not be had or approached without serious inconvenience, a marriage is validly and lawfully contracted before witnesses alone, provided it is prudently foreseen that such a state of affairs will last for a month.
	iii	In both these cases, if another priest or deacon can be present, let him be called and be present together with the witnesses, the marriage however remaining valid if only witnesses are present.
319.	i	The form determined above is to be kept if at least one of the persons contracting the marriage was baptized in the Catholic Church or was received into it and has not defected either formally or notoriously, without prejudice however to ii.
	ii	If the Catholic about whom in i contracts a marriage with a non-Catholic of the oriental rite, the canonical form of celebration is to be observed only for liceity; for validity however the presence of a sacred minister is required, other prescriptions of the law being observed.
	iii	With regard to a marriage between a Catholic about whom in i, and a non-Catholic, whether baptized or not, the local Ordinaries can dispense in individual cases from the canonical form if there are serious difficulties in observingit, the obligation remaining to have some public form of celebration. It is up to the Episcopal Conference lo fix norms for granting this dispensation lawfully and consistently.
320.	i	Outside the case of necessity, the rites prescribed in the liturgical books approved by the Church or allowed by lawful custom should be kept in the celebration of marriage.
	ii	The Bishops' Conferences have the power, with the approval of the Holy See, to draw up their own rite for marriage, in accordance with the practices of the local people and adapted to the Christian spirit, preserving however the law that the sacred minister present and assisting at the marriage requests and receives the manifestation of their consent by the persons contracting the marriage.
321.	i	When a marriage has been celebrated in a place, the parish priest of the place, or whoever takes his place, even though neither has assisted at the marriage, should note as soon as possible in the marriage register the names of the couples, of the minister who assisted, and of the witnesses; also the place and day of the marriage ceremony in accordance with the manner prescribed by the Episcopal Conference.
	ii	Whenever a marriage is contracted according to 318, the sacred minister if he was present at the ceremony, otherwise the witnesses are bound in solidarity with the persons contracting the marriage to notify as soon as possible the parish priest or the Ordinary of the place.
	iii	With regard to a marriage contracted with dispensation from the canonical form, the Episcopal Conferences should bring out norms determining a common way in which this marriage may be entered in the marriage and baptismal registers.
322.(new)	i	A marriage should also be noted in the baptismal registers which record the baptism of the couple.
	ii	If a person contracts marriage in a parish other than the parish of his baptism, the parish priest of the place where the marriage was celebrated should send as soon as possible to the parish priest of the place of baptism notice of the marriage which has taken place; and he should not be content until he has received confirmation of this entry and has added the confirmation to the premarital investigation documents.
323.		Whenever a marriage is convalidated in the external forum, or (new)declared null, or lawfully dissolved other than by death, the parish priest of the place where the marriage took place should be informed so that a note may be duly made in his marriage and baptismal registers.

324.		For a serious and urgent reason the local Ordinary can permit a marriage to be celebrated in secret in accordance with 325-327.
325.		Permission for a secret marriage includes: ─
		1)Omission of the marriage banns prescribed by 250; and
		2) The serious obligation on the part of the local Ordinary, the assisting minister, the witnesses, and one spouse as long as the other spouse is not willing, not to reveal the marriage.
326.		The obligation of keeping the secret spoken of in 325.ii ceases on the part of the local Ordinary if there is danger of grave scandal or serious harm to the sanctity of marriage through keeping the secret.
327.		A marriage which is secretly performed is to be noted only in a special register, to be kept in the secret archive of the Churia spoken of in 379.

328.		A marriage can be contracted at any time of the year, in accordance with the approved liturgical books.
329.	i	A marriage between Catholics, or between a Catholic and a baptized non-Catholic, should be celebrated in the parish church; it can be celebrated in another church or an oratory with permission from the local ordinary or the parish priest.
	ii	The local Ordinary can allow a marriage to be celebrated in a private house or in another suitable place.
	iii	A marriage between a Catholic and a non-baptized person can be celebrated in a church or another suitable place.

330.		From a valid marriage arises a bond between the spouses which of its nature is perpetual and exclusive. A Christian marriage in addition confers a sacramental grace, strengthening and in a way consecrating the spouses for the duties and dignity of their state.
331.		Both partners have equal duties and rights in those matters which concern their fellowship in marriage.
332.		Parents have the most serious and basic right to provide as far as they can for the physical, social, and cultural as well as moral and religious education of their children and to employ the necessary means towards this end.
333.		Children conceived or born from a valid or putative marriage are legitimate.
334.	i	The father is he who is indicated by a proper marriage, unless there is clear evidence to the contrary.
	ii	Children born at least 180 days after the marriage ceremony, or within 300 days from the end of the marriage are presumed legitimate.
335.		Illegitimate children are legitimated by thesubsequent valid or putative marriage of the parents, as well as by a rescript of the Holy Father.
336.		As far as canonical effects are concerned, legitimized childrenare considered as legitimate in all matters, unless there is express provision otherwise in the law.

337.		A marriage which is ratified and consummated can not be dissolved by any human power or for any reason except death.
338.		A non-consummated marriage between two baptized persons, or between a baptized person and a non-baptized person, can be dissolved by the Roman Pontiff for a just reason, even if one of the personsis unwilling.
339.	i	A marriage contracted between two non-baptized persons is dissolved by the Pauline Privilege in favour of the faith of the spouse who has received baptism the moment he enters a new marriage, provided the non-baptized spouse has left, in the sense of 339.ii, 343 and 345.
	ii	The non-baptized spouse is considered to leave if he is not willing to live in peace with the baptized spouse without contempt of the Creator, unless the latter after baptism gave him a just reason for departing.
340.	i	Without prejudice to ii, in order that the baptized spouse can contract a new marriage, the non-baptized spouse ought always to be asked 1) if he himself wishes to be baptized; 2) or at least does he wish to live in peace with the baptized spouse without contempt of the Creator.
	ii	This enquiry ought to be made after the baptism; but the local Ordinary can for a serious reason allow the question to be put before the baptism, and likewise for a grave reason, he can dispense from the enquiry before or after baptism provided it is clear from at least a summary and informal investigation that this enquiry could not be made or would be useless.
341.	i	The enquiry or interpellation should ordinarily be made with the authority of the Ordinary of the baptized person. This same Ordinary should give time to the other party to answer if he asks for it, with the proviso however that when the time given elapses without an answer, he will be considered by his silence to have refused.
	ii	The enquiry even if privately done by the baptised person is valid and indeed licit also if the form prescribed above can not be followed.
	iii	In either case there should be legitimate proof in the external forum of the enquiry having being made and of its outcome.
342.		The baptized person has the right to contract anothermarriage 1) if the other person says no to the questions; or 2) if the enquiry has been legitimately omitted; or 3) if the non-baptized person, whether questioned or not, at first persevered in peaceful cohabitation without offence to the Creator, and then left with a just cause, the prescriptions of 340-341 having being observed.
343.		Even when the Pauline privilege is used, the local Ordinary can for a serious reason dispense from the impediments of mixed religion and disparity of cult, observing however the prescriptions of 277-280, and 286.
344.	i	A non-baptizcd poison having several wives simultaneously and being converted to the Catholic faith, if it is difficult for him to stay with his first wife, may keep one of the others, sending the rest away. After baptism he is to renew his matrimonial consent with this person, obtaining when necessary a dispensation from the impediment of mixed religion or disparity of cult, and observing whatever else is prescribed by the law. If these conditionsare not verified, recourse must be had to the Holy See for individual cases.
	ii	The Ordinary, keeping in mind the moral, social and economical conditions of the place and of the persons concerned, should see to it that proper provision is made, in accordance with justice, Christian charity and equity, for the needs of the first wife and the others who are sent away.
345.		When there is a doubt, the law favours the privilege of faith.
346.	i	A marriage in which one person at least has not been(new)baptized can be dissolved by the Roman Pontiff in favour of the faith, provided the marriage has not been consummated after both parties have been baptized.
	ii	In order that a dissolution of such a marriage in favour of faith be validly granted, it is necessary 1) that the other spouse remains unbaptized during the whole of their married life together; 2) or if perchance was baptized, that their marriage was never consummated after this baptism; and 3) that if the person with whom the new marriage is contracted is not baptized or baptized outside the Catholic Church, he should leave the Catholic party the freedom and the facility to practice his own religion, and to have the children baptized and educated in the Catholic Church. Assurance about 3) is to be given by a formal promise.

347.		Spouses have (he duty and the right to live together in married life unless excused by a legitimate reason.
348.	i	When one person has committed adultery, the other has to right to refuse to live together (although the bond remains), unless he has consented to the adultery, or given cause for it, or has either expressly or tacitly condoned it, or has himself committed adultery.
	ii	There is tacit condonation (or forgiveness) if the innocent spouse after being informed of the adultery has affectionate marital relations with the other partner; condonation is presumed however if the innocent party continues to live for six months with the other spouse without recurring to the Church or civil authorities.
	iii	If the innocent spouse of his or her own accord breaks off conjugal relations, he or her should within six months bring the case for separation to the competent authority who will decide, after considering all the circumstances, whether the separation can be prolonged either temporarily or perpetually.
349.		It is praise worthly for the innocent spouse to allow the other to resume married life in common; in which case, he renounces his right to separate.
350.	i	If one or other of the spouses makes life too difficult or dangerous either to the other spouse or to the children, he thereby gives the innocent spouse a legitimate cause for leaving him, with the permission of the local Ordinary, or independently if there is a danger in delay.
	ii	It pertains to the Episcopal Conference to determine the reasons for conjugal separation, taking into consideration the customs of the people and the local circumstances.
	iii	In all cases, when the reason for separating ceases, common life should be resumed (unless it is otherwise determined in the decree of separation).
351.		After the separation of husband and wife, suitable care should always be taken of the education of the children, both Catholic and civil.

352.	i	In order to convalidate a marriage which is null because of a diriment impediment, it is necessary that the impediment should cease to exist, or be dispensed from and thatat least the party aware of the impediment should renewhis consent to the marriage.
	ii	This renewal of consent is required by ecclesiastical law for the validity of the convalidation, even if both parties atthe beginning gave a true consent and never revoked it.
353.		The renewal of consent should be a new act of the will consenting to the marriage, which the renewer knows or thinks was invalid from the beginning.
354.	i	If the impediment is public, both parties should renew their consent in the canonical form, without prejudice to 319.iii.
	ii	If the impediment can not be proved, a private and secret renewal of consent by (he person aware of the impediment is sufficient provided the other continues in hisconsent, or by both persons if the impedimentum is known lo both.
355.	i	A marriage invalid through lack of consent is convalidated if the person who did not consent, now gives consent, provided the consent given by the other spouse continues.
	ii	If the defect in consent can not be proved, it is sufficient for the person who did not consent to give his consent privately and secretly.
	iii	If the defect in consent can be proved, it is necessary that the consent should be given in the canonical form.
356.		A marriage which is invalid because of a defect in the form, must be contracted again in the legitimate form in order to be valid, 319-iii however remaining in force.

357.	i	The "radical healing" of an invalid marriage is its convalidation by the competent authority, carrying with it a dispensation from the law concerning renewal of consent, described in 352-256, and a dispensation from any impediment that may exist, and also making the canonical effects of the marriage retroactive to the past.
	ii	The convalidation is made from the moment the favour is granted; the retroaction is understood to go back to the moment the marriage was celebrated unless it is expressly stated otherwise.
358.(new)	i	If the consent of one or both of the persons is lacking, there can not be a "radical healing" of the marriage, nomatter whether the consent was absent from the beginning,or having been given in the beginning Was afterwards revoked.
(new)	ii	If the consent was lacking in the beginning but afterwards was given, the "healing" can be given from the moment the consent was given.
359.(new)	i	A marriage which is invalid because of a diriment impediment or a defect in the legal formalities can be "healed" provided the consent of both persons continues to exist.
	ii	A marriage which is invalid because of an impediment arising from the natural law or divine positive law can not be "Healed" except after the impediment has ceased.
360.		A "healing" can be validly granted even without the knowledge of one or both persons. It should not be granted without a serious reason and unless there are good grounds for thinking that the persons want to persevere in their marriage together.
361.	i	A "radical healing" can be granted by the Apostolic See.
	ii.	It can also be granted by a diocesan Bishop and his equals in law for individual cases, even though there are several grounds for the invalidity of the same marriage, provided however the conditions in 277 are observedconcerning the sanatio of a marriage defective because of the impediment of mixed religion or disparity of cult. But the diocesan Bishop and his equals in law cannot grant this sanatio whenever there is an impediment whose dispensation is reserved to the Holy See in accordance with 266.ii, or whenever there is question of an impediment of the natural law or of divine positive law which has ceased.