The influence of free unions on validity of matrimonial consent

Abstract

Nowadays marriage, as an institution, finds itself in a serious crisis. In modern societies, there exists a widely spread mentality – that is, not simply a view but rather a life action reflected in an outlook - which supports the free union relationships (that is, living as a couple without any legal formalization). This free union mentality must be a reason for concern as it has both theoretical and practical consequences. The present article aims to analyze the phenomenon of free unions and investigate its possible repercussions in canon law. The key question is whether a person who perceives free union, and not marriage, as a form of life of two heterosexual people can enter a valid marriage – that between the baptized – which by that fact is a sacrament. This problem could be further reduced to a question: how does the lack of faith influence the validity of sacramental marriage? Here we enter a discussion about the validity of sacraments received by persons who have been baptized but are now non-believers (they have lost their faith). In tribunal practice, the annulment matrimonial cases are judged by calling canons about the error concerning the unity or indissolubility or sacramental dignity of marriage (can.1099) or simulation (can. 1101 §1). The author presents pros and cons of such solution, basing his answers on wide literature. Although many answers have been given by the Magisterium as well as canonical and theological experts, the issue continues to be disputed. Since the existing problems and questions do not lead to a simple solution, they must be further elaborated and deepened.