Was there a rule against marrying a brother's widow?

[Catholic_Mike]

Hi,

Curious protestants I know are asking why HenryVIII (who at that point had never been married) needed a dispensation from Rome to marry his brother’s widow, Catherine of Aragon - and whether whatever rule would normally prohibit such a marriage applies today.

Thanks
Michael

 

[Jim_Blackburn]

King Henry VIII was granted a dispensation from the impediment of affinity.

Today, the impediment of affinity arises between a person and his or her spouse’s direct line relatives. For example, a widower is impeded from marrying his deceased wife’s mother, grandmother, daughter, granddaughter, etc. (cf. Code of Canon Law, 1092).

However, in King Henry VIII’s time, the impediment of affinity came about merely through intercourse (marriage was not required) and extended to more than simply direct line relatives. Since it was presumed that Catherine of Aragon had intercourse with her husband, King Henry’s brother, the impediment of affinity had to be dispensed before Catherine and Henry could validly marry.