Good evening.

Excuse me for my intrusion.

Could you possibly tell me how Articles 1112 and 1116 of the Code of Canon Law should be read?

Is it that only in emergency situations can a canonical marriage be celebrated in the presence of witnesses only?

Do those witnesses always have to be authorized by the Bishop?

Since a civil marriage is also celebrated in the presence of witnesses, is it still different from a canonical marriage?

Thank you very much.

The Priest’s answer

Dear Son,

1. For your benefit and that of our visitors, I quote what is written in the canons of the Code of Canon Law:

Can. 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. 144,  1112, §1, 1116, and 1127, §§1-2.

§2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.

Can. 1112 §1. Where there is a lack of priests and deacons, the diocesan bishop can delegate lay persons to assist at marriages, with the previous favorable vote of the conference of bishops and after he has obtained the permission of the Holy See.

§2. A suitable lay person is to be selected, who is capable of giving instruction to those preparing to be married and able to perform the matrimonial liturgy properly.

Can. 1116 §1. If a person competent to assist according to the norm of law cannot be present or approached without grave inconvenience, those who intend to enter into a true marriage can contract it validly and licitly before witnesses only:

1/ in danger of death;

2/ outside the danger of death provided that it is prudently foreseen that the situation will continue for a month.

§2. In either case, if some other priest or deacon who can be present is available, he must be called and be present at the celebration of the marriage together with the witnesses, without prejudice to the validity of the marriage before witnesses only.

2. Here is the answer: since those are emergency situations, the witnesses are chosen by the spouses themselves. The bishop’s authorization is not required.

It is rightful that it should be this way because life must go on.

Obviously, people should be made aware of this eventuality.

3. Likewise, in the area where such an emergency exists, a priest or deacon without a proxy – along with the witnesses – can receive the spouses’ consent.

It should be noted that not all priests can receive the spouses’ consent, but only the parish priest or a priest delegated by him.

If the priest is not delegated and does not hold a proxy, the marriage is invalid.

4. The emergency in question may apply in certain areas of the world, such as due to land size or in the event of war where people’s ability to travel is hindered.

I bless you, wish you all the best, and remember you in prayer.

Father Angelo

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