A Petition for a Decree of Lack of Canonical Form (also known as a Lack of Form Petition) is a legal document that is used in ecclesiastical law when a couple seeks to have their marriage validated by the Catholic Church despite not having been married in a valid Catholic ceremony. This type of petition is required when a couple has had a civil or non-Catholic religious marriage ceremony, but the Church has not recognized it as being valid. The petition must be submitted to the diocese where the couple resides, and must be signed by both parties. It must include details of the couple’s marriage, such as the date of the ceremony, the place of the ceremony, and the names of the officiating minister or celebrant. The document must also include a sworn statement from each party affirming that the marriage is valid and that both parties are free to marry in the Church. The most common types of Petition for a Decree of Lack of Canonical Form are the Pauline Privilege and the Patrice Privilege. The Pauline Privilege allows the dissolution of a non-sacramental marriage due to lack of form, if the marriage has not been consummated. The Patrice Privilege allows the dissolution of a non-sacramental marriage due to lack of form, if the marriage has been consummated.
Petition for a Decree of Lack of Canonical Form
Description Lack Of Form Catholic Church
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FAQ
This marriage is fully recognized by the Church. However, if a Catholic enters marriage outside of the Catholic Church without the necessary dispensation, (again whether marrying a baptized non-Catholic or a non- baptized person), then the marriage is considered invalid and is not recognized by the Church.
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.
Since the Church's laws promote what is good, a dispensation can only be granted when there are positive reasons to believe that the couple's spiritual good will benefit from the proposed marriage. In other words, it must be apparent that the good of following the law is outweighed by the good of not following the law.
The dispensation from the canonical form can be granted only by the diocese of the place where the Catholic party resides. If the actual marriage is to take place in another diocese, the diocese of the place of the ceremony must be consulted by the dispensing diocese before the dispensation can be validly granted.
The Church requires that a Catholic party must be married before a duly-authorized priest or deacon in the presence of two witnesses. This is called the canonical form of a marriage.
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.
85 A dispensation, that is, the relaxation of a merely ecclesiastical law in a particular case, can be granted, within the limits of their competence, by those who have executive power, and by those who either explicitly or implicitly have the power of dispensing, whether by virtue of the law itself or by lawful
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.