Matrimonial Dispensation - Causes For Granting Dispensations

Causes For Granting Dispensations

Following the principles laid down for dispensations in general, a matrimonial dispensation granted without sufficient cause, even by the pope himself, would be illicit; the more difficult and numerous the impediments the more serious must be the motives for removing them. An unjustified dispensation, even if granted by the pope, is null and void, in a case affecting the Divine law; and if granted by other bishops or superiors in cases affecting ordinary ecclesiastical law. Moreover, as it is not supposable that the pope wishes to act illicitly, it follows that if he has been moved by false allegations to grant a dispensation, even in a matter of ordinary ecclesiastical law, such dispensation is invalid. Hence the necessity of distinguishing in dispensations between motive or determining causes (causœ motivœ) and impulsive or merely influencing causes (causœ impulsivœ). Except when the information given is false, still more when he acts spontaneously (motu proprio) and "with certain knowledge", the presumption always is that a superior is acting from just motives. It may be remarked that if the pope refuses to grant a dispensation on a certain ground, an inferior prelate, properly authorized to dispense, may grant the dispensation in the same case on other grounds which in his judgment are sufficient. Canonists do not agree as to whether he can grant it on the identical ground by reason of his divergent appreciation of the latter's force.

Among the sufficient causes for matrimonial dispensations we may distinguish canonical causes, i. e. classified and held as sufficient by the common law and canonical jurisprudence, and reasonable causes, i. e. not provided for nominally in the law, but deserving of equitable consideration in view of circumstances or particular cases. An Instruction issued by Propaganda Fide (9 May, 1877) enumerated sixteen canonical causes. The "Formulary of the Dataria" (Rome, 1901) gave twenty-eight, which suffice, either alone or concurrently with others, and act as a norm for all sufficient causes; they are: smallness of place or places; smallness of place coupled with the fact that outside it a sufficient dowry cannot be had; lack of dowry; insufficiency of dowry for the bride; a larger dowry; an increase of dowry by one-third; cessation of family feuds; preservation of peace; conclusion of peace between princes or states; avoidance of lawsuits over an inheritance, a dowry or some important business transaction; the fact that a fiancée is an orphan or has the care of a family; the age of the fiancée over twenty-four; the difficulty of finding another partner, owing to the fewness of male acquaintance, or the difficulty the latter experience in coming to her home; the hope of safeguarding the faith of a Catholic relation; the danger of a denominationally mixed marriage; the hope of converting a non-Catholic party; the keeping of property in a family; the preservation of an illustrious or honourable family; the excellence and merits of the parties; defamation to be avoided, or scandal prevented; intercourse already having taken place between the petitioners, or rape; the danger of a civil marriage; of marriage before a Protestant minister revalidation of a marriage that was null and void; finally, all reasonable causes judged such in the opinion of the pope (e. g. the public good), or special reasonable causes actuating the petitioners and made known to the pope, i. e. motives which, owing to the social status of the petitioners, it is opportune should remain unexplained out of respect for their reputation. These various causes have been stated in their briefest terms. To reach their exact force, some acquaintance is necessary with the stylus curiœ and the pertinent works of reputable authors, always avoiding exaggerated formalism. This list of causes is by no means exhaustive; the Holy See, in granting a dispensation, will consider any weighty circumstances that render the dispensation really justifiable.