2.6.5  Canonical Impediments 

There are a number of canonical impediments to marriage, some of which are of divine law (and hence are not subject to dispensation), and some of which can be dispensed. Appendix A contains a detailed list of “Individual Diriment Impediments.”

Procedure

When an impediment is discovered, it will be necessary to explain to the couple that it is not possible to set a wedding date until the impediment is dispensed or otherwise ceases to exist. Please be aware that any indication on your part about a wedding date, no matter how tentatively you explain it (“pencil it in,” “hold the date,” etc.), can be misinterpreted by the couple to mean that their wedding will take place on that date. It may be difficult to inform a couple that they cannot set a date. Likewise, it may be difficult for the couple to accept. Nonetheless, it can save a lot of future difficulties, even legal ones, by not providing a date for people who are not free to marry in the Church. 

Preparation

While waiting for the dispensation or cessation of the impediment, the couple can still engage in the marriage preparation program which most suits their situation (see Appendix D) and/or participate in counseling as necessary. 

Paperwork

Impediments which are of ecclesiastical law (and which only affect Catholics) can be dispensed. Most of these dispensations can be given by the Archdiocese, although some are reserved to the Holy See (such as a dispensation from sacred orders or religious profession). Those dispensations, which can be granted through the Archdiocese of Chicago, are listed on the “Dispensations” form, which is available from Mission Press (see Appendix G). Both the right and the left sides of the form should be filled out. After the form has been filled out, it is sent with all the other marriage papers to the Office for Canonical Services. For dispensations that are reserved to the Holy See, please contact the Office for Canonical Services for assistance (see Appendix G).