Lack of Form Petition
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FAQ
The nullity of marriage due to lack of canonical form (Canon 1108) occurs when a Catholic does not marry before a Catholic priest or deacon and two witnesses.
If a priest or deacon did not have the appropriate delegation prior to witnessing a wedding, then it is considered a defect of form, which invalidates the marriage (and yes, this does happen!).
Dispensation is the canonical equivalent of license which, ing to Black's Law Dictionary, is the authorisation to do something which would normally be illegal if the competent authority had not granted permission.
If a priest or deacon did not have the appropriate delegation prior to witnessing a wedding, then it is considered a defect of form, which invalidates the marriage (and yes, this does happen!).
Church law recognizes twelve specific impediments to marriage. They include things like coercion, being too young, already being married, blood or in-law relations, having received holy orders, being under vows of chastity, or being impotent (permanently unable to engage in sexual intercourse).
What is a Lack of Canonical Form case? If a Catholic is not married in the presence of a priest or deacon and has not received a dispensation from canonical form, then the Church's required form of marriage has not been followed and the Church does not recognize the union as a valid marriage.
Church law recognizes twelve specific impediments to marriage. They include things like coercion, being too young, already being married, blood or in-law relations, having received holy orders, being under vows of chastity, or being impotent (permanently unable to engage in sexual intercourse).
DEFECT OF FORM Definition & Legal Meaning An imperfection in the style, manner, arrangement, or non-essentialparts of a legal instrument, plea, indictment, etc., as distinguished from a ?defect ofsubstance.? See infra.
