2801. Obstacles to Marriage.—Since marriage is a most important contract and a Sacrament, it is necessary to ascertain beforehand with moral certainty that there is no obstacle to its valid and lawful celebration. This imposes duties on the pastor, the couple themselves, and the faithful who know them.
(a) The pastor in virtue of his office is gravely obliged to make inquiries about the competency and fitness of the prospective husband and wife, and even in a death-bed marriage the obligation does not cease. Church law prescribes the method of inquiry, which should include an examination and instruction of the couple and a publication of the marriage. Of course, there is an obligation of confidential secrecy.
(b) The couple are bound to present themselves to the pastor within a reasonable time before the marriage in order to make these arrangements, and should bring with them the necessary papers (for example, their baptismal certificates, license to marry, testimonials). They are gravely obliged to make known either to the pastor or to the confessor any impediment, even though it be of a secret and culpable nature, in order that their marriage may be valid and lawful, unless they wish to give up the marriage or seek a dispensation in some other way.
(c) The people who know of an impediment to a marriage are bound under pain of mortal sin to make it known in time to the pastor or Ordinary; for the natural and divine laws, as well as the law of the Church, hold one to speak when this will prevent irreverence to the Sacrament of Matrimony, sin and other serious evils to the neighbor. The obligation ceases, however, when the revelation is either impossible or useless. Cases of impossibility are those in which revelation will cause great spiritual harm (e.g., public scandal), or great temporal harm of a public kind (e.g., violation of professional secret), or a great temporal harm of a private kind (e.g., persecution), unless a more serious evil will result from concealment. Revelation is useless when the marriage can be stopped or made legal in some other way (e.g., by persuading the couple to break their engagement or get a dispensation), or when one foresees that the revelation will have no effect.
2802. Duties of the Pastor in the Examination of Engaged Persons.—(a) He should question both the man and the woman separately and prudently about their freedom to marry, even though he is certain that there are no impediments. He should inquire especially whether there has been a previous marriage, and should also ask specifically about any impediment that seems likely. About impediments of a defamatory kind he should not interrogate before others, leaving that matter if necessary to his doctrinal instruction or to the confessor. (b) He should ask both of them, and especially the woman, whether they have decided on marriage freely, without force or pressure from any person. But children who live with their parents should be asked whether or not they have obtained their parents’ consent to the proposed marriage.
2803. Special Proofs of Freedom to Marry.—(a) Proof of Baptism.—A baptismal certificate should be presented by the parties (if baptized in another parish), even by one who is a baptized non-Catholic. If a certificate cannot be had, other proofs are necessary. In danger of death, the sworn testimony of the parties suffices; outside danger of death, the testimony of a reliable witness, or of the person himself, if he can remember his Baptism, or, it seems, a certificate of Confirmation or First Communion will do. If Baptism cannot be proved and there is a prudent doubt, it should be administered conditionally.
(b) Proof of Single State.—If it is manifest that a previous civil marriage was null and was dissolved by divorce, the proof of the facts suffices. If the husband or wife of a previous marriage has died, but the pastor has no personal knowledge of this, positive proof of the decease in the form of a public document or of sworn testimony of two or at least one reliable witness is necessary, and if the pastor cannot obtain these he must have recourse to the Ordinary.
2804. Matrimonial Impediments.—(a) Definition.—An impediment is a circumstance directly affecting the contract of marriage and rendering it illicit or invalid. Thus, an impediment differs from an unfitness that refers immediately to marriage as a sacred rite or Sacrament (such as lack of proper intention or a state of mortal sin), or that does not directly affect the parties (such as forbidden time).
(b) Division.—In reference to effects, an impediment is either impedient (i.e., one that forbids marriage under pain of grave sin but does not render it null and void) or diriment (i.e., one that not only forbids marriage, but also makes it null and void).
2805. Sinfulness of Marrying with an Impediment.—(a) If the impediment is certain, grave sin is committed; for deception and disobedience are committed in a grave and sacred matter, and, if the impediment is diriment, the marriage contract is made null. Great necessity, however, would sometimes excuse.