Matrimonial consent is given when a man and a woman manifest the will to give themselves to each other irrevocably in order to live a covenant of faithful and fruitful love. Since consent constitutes Matrimony, it is indispensable and irreplaceable. For a valid marriage the consent must have as its object true Matrimony, and be a human act which is conscious and free and not determined by duress or coercion.
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Paragraph 1625
1625. The parties to a marriage covenant are a baptized man and woman, free to contract marriage, who freely express their consent; "to be free" means:
- not being under constraint; - not impeded by any natural or ecclesiastical law.
Paragraph 1626
1626. The Church holds the exchange of consent between the spouses to be the indispensable element that "makes the marriage."125 If consent is lacking there is no marriage.
Paragraph 1627
1627. The consent consists in a "human act by which the partners mutually give themselves to each other": "I take you to be my wife" - "I take you to be my husband."126 This consent that binds the spouses to each other finds its fulfillment in the two "becoming one flesh."127
Paragraph 1628
1628. The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear.128 No human power can substitute for this consent.129 If this freedom is lacking the marriage is invalid.
Paragraph 1629
1629. For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.130 In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged.131
Paragraph 1630
1630. The priest (or deacon) who assists at the celebration of a marriage receives the consent of the spouses in the name of the Church and gives the blessing of the Church. the presence of the Church's minister (and also of the witnesses) visibly expresses the fact that marriage is an ecclesial reality.
Paragraph 1631
1631. This is the reason why the Church normally requires that the faithful contract marriage according to the ecclesiastical form. Several reasons converge to explain this requirement:132
- Sacramental marriage is a liturgical act. It is therefore appropriate that it should be celebrated in the public liturgy of the Church; - Marriage introduces one into an ecclesial order, and creates rights and duties in the Church between the spouses and towards their children; - Since marriage is a state of life in the Church, certainty about it is necessary (hence the obligation to have witnesses); - the public character of the consent protects the "I do" once given and helps the spouses remain faithful to it.
Paragraph 1632
1632. So that the "I do" of the spouses may be a free and responsible act and so that the marriage covenant may have solid and lasting human and Christian foundations, preparation for marriage is of prime importance.
The example and teaching given by parents and families remain the special form of this preparation. The role of pastors and of the Christian community as the "family of God" is indispensable for the transmission of the human and Christian values of marriage and family,133 and much more so in our era when many young people experience broken homes which no longer sufficiently assure this initiation:
It is imperative to give suitable and timely instruction to young people, above all in the heart of their own families, about the dignity of married love, its role and its exercise, so that, having learned the value of chastity, they will be able at a suitable age to engage in honorable courtship and enter upon a marriage of their own.134
Paragraph 1662
1662. Marriage is based on the consent of the contracting parties, that is, on their will to give themselves, each to the other, mutually and definitively, in order to live a covenant of faithful and fruitful love.
Paragraph 1663
1663. Since marriage establishes the couple in a public state of life in the Church, it is fitting that its celebration be public, in the framework of a liturgical celebration, before the priest (or a witness authorized by the Church), the witnesses, and the assembly of the faithful.
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