Getting married in church is a
right only if you believe in "true marriage” that is, an act for the
realization of the “integral good, human and Christian, of the spouses
and of their future children, ultimately projected towards the holiness
of their lives".
From here, follows the importance of
preparation for Christian marriage, also to avoid annulments, which were
at the heart of Benedict XVI address delivered today to members of the
Tribunal of the Roman Rota, received at the beginning of the judicial
year.
"The canonical dimension of marriage preparation – began the
Pope - is perhaps not an immediately perceived element" both because the
preparation phase holds "a very modest, if not insignificant, place ",
and because "there is a widespread mentality that the examination of the
spouses, the publication of banns and other appropriate means to carry
out the necessary pre-marital investigations, of which marriage
preparation courses are a part, are purely formal obligations. In fact,
it is often assumed that, in admitting the couples for marriage, pastors
should proceed with speed, as it regards the natural right of people to
marry".
The fact, however, is that "there is no marriage of lives and
another of law: there is only one marriage, which is constitutionally a
real legal bond between a man and a woman, a bond based on the true
dynamics of conjugal life and love. The marriage celebrated by the
spouses, the marriage that is dealt with both pastorally and in
canonical doctrine, are one single natural and salvific reality, the
wealth of which certainly gives rise to a variety of approaches, however
without ever losing its essential identity. The legal aspect is
intrinsically linked to the essence of marriage. This is understandable
in light of a non-positivistic concept of law, but considered from the
perspective of relationality according to justice. "
Therefore, the "right" to marriage in church, "presupposes that
the individuals can and intend to really celebrate it, in the truth of
its essence as taught by the Church. No one has the right to a wedding
ceremony", as the right to marry "it refers to the right to celebrate an
authentic marriage".
The "right to marry, then, would be denied "where
it was obvious that the basis for its exercise are absent, where the
required capacity to marry is obviously lacking, or where the will poses
an objective that is in contrast to the natural reality of marriage. "
Marriage preparation, therefore, is an issue that requires "the
greatest pastoral care" in the formation of the couple and in "testing
their convictions regarding the obligations required for the validity of
the Sacrament of Marriage. Serious discernment in this matter will
avoid impulsive decisions or superficial reasons that lead two young
people to take on responsibilities that they will not know how to
honour".
Given the different means available for a "careful preparation
and examination” among which " the pre-marital exam stands out", an
effective pastoral action aimed at preventing marriage annulments can be
developed. All efforts must be made to stop, as much as possible, the
vicious circle that often occurs in the granting of admission to
marriage, without adequate preparation or a serious examination of the
requirements for its celebration, and a judicial declaration that
sometimes just as easily, but of an opposite nature, considers marriage
invalid solely on the basis of finding in favour of failure. It is true
that not all reasons for a possible declaration of nullity can be
detected or perceived in preparation for marriage, but, equally, it
would be wrong to hinder access to marriage on the basis of unfounded
assumptions, such as, believing that nowadays, people are generally
incapable or have only an apparent matrimonial will”.
For this reason,
even though canon law requires specific and particular knowledge, all
those committed in the pastoral field must be aware of their responsibilities in this area.
SIC: AN/INT'L