TJD asks, “What is a convalidation?”
**Convalidation is a remedy in Church law by which a previously invalid marriage becomes valid. There are two kinds of convalidation: simple convalidation and radical sanation. **
Omitting the less frequent variations, and skirting some of the technical issues.
Simple convalidation
Most often simple convalidation involves the case in which at least one party was a Latin Catholic, obliged to the “canonical form of marriage,” and yet “married outside the Church” without any dispensation to do so.
(Commonly but incorrectly is it called “blessing a marriage.” Blessing a marriage is what an Eastern Catholic priest does in an Eastern Catholic wedding, and it is required for validity. It is the “canonical form” for Eastern Catholic Churches. The form for the Latin Catholic Church follows.)
Canonical form of marriage in the Latin Catholic Church
Latin Catholics are normally required to give marital consent, in the presence of a priest or deacon (who is authorized by law or possesses that authority through delegation from a competent Church authority) and two witnesses (canon 1108).
There are certain variations and exemptions, but it is general rule. Without this form, the marriage is invalid. It does not even enjoy the presumption of being valid. Technically, it would not present an annulment case, since it can be declared invalid by a simple decree or prenuptial investigation.
Often parties wed this way because at least one needed a declaration of nullity for a former marriage, and could not have been married “in the Church” at the time nof the first ceremony. So they went to a civil authority or some non - Catholic minister (other than an Orthodox priest).
Simple convalidation normally requires the parties to exchange consent by placing a new act of the will according to the “canonical form of marriage.” This ceremony is just the Catholic rite of marriage (questions, declarations, and vows). The ritual book indicates when it should or can be done within the Eucharistic liturgy, and when not. Of course, the parties must be free to marry, and the priest or deacon have authority to assist at the wedding.
(Some argue this ceremony should be rather private so that scandal is avoided. Others argue for a splashy wedding so the couple realizes that the second ceremony is the real thing.)
Since the first ceremony was registered as a marriage by civil authorities already though, there is no need to apply for another civil license.
What is critical is that both parties place a new act of marital consent. This requires each person to believe that the first act of consent was not effective to create the bonds of marriage. Once again, this is the juridic case of a marriage of a Catholic who marries outside the Church apart from the exceptions in law. In reality, no marriage was created apart from the civilly sanctioned aspects.
Canon 1157 “The renewal of consent must be a new act of the will concerning a marriage which the person who is renewing consent knows or thinks was null from the beginning.”
In some cases, a party genuinely believes that the first consent was effective and will not place a new act, or will not undergo a convalidation ceremony. Usually it is the non Catholic who believes that the earlier ceremony was sufficient to create a valid marriage. Sometimes Catholics, who should know better, fall into this error.
Radical Sanation (c. 1161)
A second kind of convalidation called a radical sanation, a healing to the root, can be granted by the diocesan bishop, without a new ceremony or even the knowledge of the parties (canon 1164). He must be certain that their consent, though legally ineffective, does continue.
This is typically used when a party believes that the earlier wedding ceremony was sufficient to constitute marriage and will not give new marital consent. Such a person could either refuse to undergo another ceremony, or would participate in one but fail to give valid new consent.
In this case though, the pre nuptial investigation is conducted to establish the freedom of the parties to marry. If one is non-Catholic so that dispensations or permissions are needed, this has to be examined as well. The bishop cannot radically sanate marriages where there are impediments that only the Apostolic See can dispense from.
Deacon John Cameron JCL
Lansing, MI