Mixed Marriage and Disparity of Cult Marriage
Can. 1124 says “Without the express permission of the competent authority, marriage is prohibited between two baptized persons, one of whom was baptised in the Catholic Church or received into it after baptism and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.”
1. Mixed Marriage is prohibited without the express permission of the competent authority.
2. If a Catholic party marries a baptized person of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church, can we say that such a marriage is invalid or unlawful? The marriage is unlawful since invalidity clause is not attached to it in the 1983 Code of Canon Law.
3. To determine the invalidity will not be based on the permission not obtained but on another ground.
4. The next question: was the marriage celebrated in the canonical form? If not, was there dispensation from the canonical form? If not, then Cann. 1108, 1117 and 1127§2 will be invoked. Can. 1108 §1 states: 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 rules expressed in the following canons and without prejudice to the exceptions mentioned in Cann. 144, 1112 §1, 1116 and 1127§§1,2. While Can. 1127§2 stipulates that if grave difficulties hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity.
The marriage is not only unlawful but also invalid because of lack of canonical form or defect of canonical form or dispensation from the canonical form.
Disparity of Cult Marriage
Can. 1086§1 stipulates that a marriage between two persons, one of whom has been baptised in the Catholic Church or received into it and the other of whom is not baptized, is invalid.
In the above canon, it is clear that disparity of cult marriage is an invalid marriage. In fact, it is one of the diriment impediments. However, a dispensation needs be obtained for the marriage to be recognized by the Church as valid. This dispensation cannot be granted unless the Catholic party fulfils the conditions mentioned in cann. 1125 and 1126.