I’ll re-answer the main thread after a clarification:
Can 1056. The essential properties of marriage are unity and indissolubility; In Christian marriage they aquire a distinctive firmness by reason of the sacrament.
essence and nature get at the same thing: What all marriages have in common.
Code:
unity : Not yet specified is the kind of unity.
indissolubility : The spouses wish to stay together.
The sacramental oath makes the marriage temporally permanent. An oath can be remitted, but that is out of scope for this thread…
While something is a marriage it cannot be dissolved.
Can 1057:
A marriage is brought into being by the lawfully manifested consent of persons …
The manifestation is not yet specified, but no one else can arrange your wedding. It must be the marriage partners themselves who manifest the consent.
The next sub-canon shifts from the word marriage to the word matrimony. (The word means the duty of the mother with respect to children !) Marriage is brought into being by the consent to have children!!
(Which means the will to have conjugal relations…)
$Matrimonial consent is an act of will by which a man and a woman by an irrevocable covenant…
This next canon shows a practical necessity for the purposes of justice. Assume the full marital consent is present. (As I do when I hear the word marriage.)
Can. 1060: Marriage enjoys the favor of law. Consequently in doubt the validity of marriage must be upheld until the contrary is proven.
This is the sticky point:
In all we have discussed, the marriage was assumed to have come into existance … e.g. There was consent to have children through an unspecified ‘manifestation’. Part of that manifestation is the public wedding ceremony. But I hold that the public ceremony is only sufficient for juridical purposes.
Can. 1061 §1 A valid marriage between baptized persons is said to be merely ratified, if it is not consummated; ratified and consummated, if the spouses have in a human manner engaged together in a conjugal act in itself apt for the generation of offspring. To this act marriage is by its nature ordered and by it the spouses become one flesh.
§2 If the spouses have lived together after the celebration of their marriage, consummation is presumed until the contrary is proven.
§3 An invalid marriage is said to be putative if it has been celebrated in good faith by at least one party. It ceases to be such when both parties become certain of its nullity.
Consummated: means the conjugal (sexual) act has occured, --not the bearing of children.
A ‘valid marriage’ is one which has been agreed to (ratified) but not consummated (the sexual act).
The canon does not specify
why the marriage is valid and sacramental here because it already has.
The will to have sexual relations open to the procreation of children is manifest
E.G. perfect contrition → baptism of desire → the analogy would be matrimony of desire.
Mt:
"… for this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh? 6 So they are no longer two, but one. Therefore what God has joined together, let man not tear asunder.”
Notice that canon law states that the conjugal act, in itself constituted the becoming one flesh. A child is a public manifestation of this private unity. The will (desire) to do so mutually expressed in an oath is sufficient for a valid marriage.
And last point of all:
Putative: Applies to an INVALID marriage. hence they are not really married - and don’t need to be ‘dissolved’ by the holy see! Although, a declaration of nullity may be needed since there is NO MARRIAGE.
I have not addressed cases such as Mary and Joseph, but… back to thread topic.