Perhaps some canonical references for some basic notions will be helpful for some in the future, because of this discussion. It’s as simple as I, who usually function as the walking comatose before coffee, can make it.
**Valid marriage **is established by the legally expressed consent of a man and woman who are qualified by law, that is, not impeded by divine or ecclesiastical law (canon 1057).
The shorthand expression is that marriage is presumed valid. The proper expression runs a little longer. A properly celebrated marriage of persons who are legally qualified to marry would enjoy the favor of law, and its validity would be upheld in a case of doubt until the contrary were proven (canon 1060).
The marriage of a Catholic is regulated not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage (canon 1059).
Others are regulated by divine law, the law of any non Catholic Church or ecclesial community to which they belong, and civil law without prejudice to divine law (canon 1059 as explained in the instruction Dignitas connubii, articles 2-5).
Before marriage is celebrated, the Church must be sure that a valid and legal marriage would result (canon 1066).
A valid marriage can be either non sacramental or sacramental. If one or both parties are unbaptized, it is non sacramental. If both are baptized, it is necessarily sacramental (canon 1055 §2). To make the distinction, non sacramental marriages may be called natural marriages, even though the present code does not have a specific name for them.
A sacramental marriage that has not been consummated is called ratified. Otherwise, it is called ratified and consummated (canon 1061 §1; the proper meaning of consummation is found in that canon as well.)
Dissolution is the permanent separation of the bonds of valid marriage by the authority given the Church and the Roman Pontiff, Vicar of Christ (canon 331+)
A ratified (ratum) and consummated marriage cannot be dissolved (canon 1141).
A non-consummated marriage between baptized persons or between a baptized party and non baptized party can be dissolved by the Roman Pontiff under certain conditions (canon 1142+) The Roman Pontiff can grant a dispensation from the obligations of a ratified and non consummated marriage as a favor (canon 1697+).
**A marriage entered by two non-baptized persons can be dissolved by means of the Pauline privilege in favor of the faith of a party under certain conditions
(canon 1143 §1). (Please note then that the mention of this privilege in a post above is only meant to offer the gist of things. In part it is correct, and in part, it is not correct or complete. For example, there would be a problem if the petitioner culpably departs or gives the respondent just cause for departure. So be careful there.)
A marriage entered by parties, of whom at least one is not baptized, can be dissolved by the Roman Pontiff in favor of the faith, as long as the marriage itself had not been consummated after both spouses received baptism, under certain conditions. This so called “Petrine privilege” is governed by special norms outside of the code (Congregation for the Doctrine of the Faith, Norms To Complete the Process for the Dissolution of the Matrimonial Bond in Favor of the Faith, 2001).
The distinction between dissolution and a declaration of the nullity of marriage must be kept in mind.
A declaration of nullity is a judgement by a tribunal that a given marriage, that enjoyed the presumption of validity, was not valid from the very beginning according to divine or ecclesiastical law.** It is not a judgement that a given marriage was not sacramental, but that it was not valid. **
A “marriage outside the Church” does not enjoy the presumption or appearance of validity because of the clear absence of the required form of the expression of consent. So there is also provision for a determination that expresses the Church’s judgement that a marriage contracted by a Catholic but without canonical form, a dispensation from canonical form, or an exception to canonical form, was not valid. This determination may be done simply through the prenuptial investigation of canon 1066 but most bishops commit the authority to investigate and determine this to officials in the curia or tribunal.
Dissolutions and declarations of nullity are without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage (canon 1059).
