1 INTRODUCTION
The Church
describes marriage as an intimate partnership of life and love
naturally ordered toward the well-being of the couple and toward
procreation and nurturing of children. Christ raised marriage
between the baptized to the dignity of a sacrament. The grace of the
sacrament perfects the love of spouses, sanctifies them and
strengthens their union.
Since marriage
demands a lifelong commitment, the Church has the pastoral
obligation to assist couples to make a prayerful and mature judgment
concerning their marriage. These Marriage Guidelines reflect the
local Church’s love and responsibility for couples who wish to
celebrate matrimony within the Church. It also affords an
opportunity for evangelization to those couples who have had minimal
contact with the parish community.
While the Marriage
Guidelines acknowledge a person’s right to marry, they also stress
the intelligent use of that right which requires the sufficient
understanding of marriage with its human and Christian values, and
the intention and capacity to assume its responsibilities.
The Marriage
Guidelines are divided into three sections: The first addresses some
of the pastoral, canonical and liturgical concerns dealing with the
couple’s preparation; the second deals with the canonical aspects of
the celebration of the sacrament; and the third (Appendix) provides
the priest/deacon and/or team with some practical suggestions.
2
ASSESSMENT OF READINESS FOR MARRIAGE
the proper pastor
or priest/deacon who witnesses the couple’s marriage has the
responsibility to help them assess their readiness and to prepare
them for the celebration of the Sacrament of matrimony. The
assessment process includes:
1) an initial
interview;
2) referral for
professional evaluation and/or counseling, if needed;
3)
participation in a formal marriage preparation program, namely,
the Engaged Encounter Weekend and additional instructional
sessions;
the decision to
proceed or delay the marriage.
The minimum period
of preparation is four (4) months from the date of the Initial
Interview to the date of the marriage.
3. ASSESSMENT PROCESS
A) INITIAL INTERVIEW
It is important
that the attitude of the priest/deacon be positive, caring and
pastoral. By being sensitive to their feelings and needs, as well as
providing ample time for preparation. he creates an atmosphere of
support and mutual trust. During the Initial Interview the
priest/deacon explores the extent of the couple’s faith and their
relationship. He explains the assessment process and the reasons for
it {cf.2, p. 2) and detects concerns, such as, pregnancy, minor age,
a subsequent marriage, etc. (cf. Special Concerns).
At this meeting he
also:
1) establishes
the canonical freedom of both parties to marry and advises the
proper procedure to follow if an impediment exists;
2) provides the
couple with an Engaged Encounter Weekend brochure and explains
their responsibility for scheduling a date;
3) sets a
tentative date for the wedding and explains that the date will
confirmed during or after the, assessment process and marriage
preparation. He advises the couple that wedding invitations are
not to be printed until the date is confirmed
4) sets a date
for the next appointment.
B) REFERRAL FOR PRE-MARRIAGE EVALUATION/COUNSELING
Referral for
Evaluation: A referral is recommended when pregnancy exists, if
either or both parties are minors or if the priest/deacon desires
assistance with a particular couple. The function of the counselor
is to help the priest/deacon arrive
at
an informed
pastoral decision regarding the couple’s readiness for marriage.
The priest/deacon
makes it
clear to
the couple that this referral is to help evaluate their readiness for marriage in order to insure their
happiness and a lasting union. He provides the counselor with
pertinent information
and
assists
the couple in arranging an appointment with the counselor.
CAUTION: If
there is question regarding the couple’s faith commitment, the
priest/deacon may wish to discuss this particular problem with the
chancellor or vicar forane.
Referral for
Counseling: This differs from evaluation in that
it
attempts
to solve a known problem revealed in, the Initial Interview or
Evaluation. The priest/deacon must explain to the couple that
counseling will revolve around known problem(s). The number of
sessions will depend on the time required to resolve the problem(s),
the couple’s continued interest in addressing the issue, or the
priestldeacon’s or counselor’s decision to terminate the counseling.
The counselor will keep the priest/deacon informed of the progress.
The cost for the
evaluation or counseling is borne to a large extent by the couple.
If they are unable to pay the fee, the priest/deacon endeavors to
help them find financial assistance.
C) MARRIAGE PREPARATION
Proximate marriage
preparation is a requirement for all couples entering marriage.
According to the 1983 Code of Canon Law, priests/deacons and the
Christian community have the responsibility of assisting couples in
this preparation.
In this diocese
marriage preparation consists of the Initial Interview, attendance
at the Engaged Encounter Weekend and at least five additional
instructions with the priest/deacon and/or team. One of these
sessions is for planning the wedding liturgy and another to clarify
any questions or observations the couple may have after making the
EE Weekend. The remaining sessions ought to cover various aspects of
married life: the vocation of matrimony, marriage as a sacrament,
communication, sexuality.
In planning the
additional instructions, the priest/deacon will find helpful
material in the program entitled Facilitating Open Couple
Communication Understanding and Study (FOCCUS). He is also
encouraged to enlist the aid of married couples. There are several
programs, including the one mentioned that utilizes this approach;
others are listed in the Appendix. He also takes into consideration
the couple’s circumstances. e.g., premarital pregnancy, religious
and ethnic backgrounds, military duty, age differences.
Whatever program is
used, the priest/deacon is encouraged to use the competence he has
gained from his own pastoral experience. With his interest
in people
and a willingness to give of himself, the priest/deacon together
with the team have an important influence on the couple in their
preparation for the Sacrament of Matrimony.
ENGAGED
ENCOUNTER: The couple is given an Engaged Encounter Weekend
brochure at the Initial Interview. Although the cost of the EE
Weekend is borne by the couple, this ought not to be a barrier to
their participation since parishes are allowed to help with a
subsidy. Any questions concerning the EE weekend can be directed to
the executive couple whose names appear on the brochure.
The EE Weekend is
designed to assist the couple to examine themselves with respect to
their strengths and weaknesses, their understanding of marriage as a
vocation, their attitudes on morality, sexuality, children, family,
finances, and most importantly, their relationship with each other,
society and God.
EE Weekend is held
at least monthly on Oahu, and periodically on Kauai. Maui and
Hawaii.
WAIVER:
Ordinarily, a couple is required to make the EE Weekend. If for some
reason this is not possible, the priest/deacon carefully weighs the
reason(s) for a waiver, make a decision and informs the chancellor
or vicar forane of his decision. The vicar forane keeps a record of
(1) the couples whose Engaged Encounter requirements were waived (2)
the priest/deacon who made the decision, and (3) the parish where
the waiver was made. The vicar forane submits this record to the
Chancery as part of his annual report.
The priest/deacon
who decides to waive the EE Weekend assumes the responsibility for
the total preparation of the couple.
LITURGICAL
PREPARATION: The couple together with the priest/deacon
prepare the wedding liturgy and select the rites that best suit the
couple’s particular status and situation. The priest/deacon has an
obligation to develop the couple’s awareness of the rites and the
options of selecting from a variety of prayers, readings and
blessings. The priest/deacon will find it helpful to provide the
couple with a copy or outline of the Introduction (Nos. 1--
18) of the
Rites of Marriage and reviews it with them.
In Hawaii there are
various cultural traditions which couples may wish to include in
wedding ceremonies. If used, it is important that these traditions
adhere to the integrity of the rites and not appear as a collection
of events unrelated to each other.
When a marriage is
celebrated during Advent or Lent, the priest/deacon advises the
couple to take into consideration the special nature of these
seasons. In the matter of scheduling the ceremony, extreme care must
be taken to see that the marriages are not celebrated during the
Sacred Triduum.
NATURAL
FAMILY PLANNING: Marriage preparation provides an
opportunity to introduce Natural Family Planning. It allows the
couple whether they have been sexually active prior to marriage or
not -
to look at
sexuality, fertility and mutual responsibility in the context of
their lifelong commitment. The priest/deacon may contact the person
in charge of the Natural Family Planning program to help with this
portion of the preparation.
ALTERNATIVE PREPARATION APPROACH:
When the
priest/deacon assumes the TOTAL marriage preparation of the couple,
it is important that he conscientiously and systematically plans the
instructional sessions and faithfully adheres to the appointment
dates agreed upon with the couple. The priest/deacon is encouraged
to avail himself with one of the programs listed in the Appendix and
to involve married couples to assist him in the preparation.
D) DECISION DURING THE ASSESSMENT PROCESS
After the
priest/deacon has had the opportunity to work with and observe the
couple, he will decide whether to proceed with the wedding or not.
If the decision is to proceed, he confirms the date, secures all
necessary documents from the couple, and completes all forms. In the
case of a delayed marriage, the priest/deacon must explain the
reason(s) for his decision to the couple and the means to resolve
the delay. The priest/deacon also informs the couple of their right
to appeal and helps them with the process. (cf. No.6 Delayed
Marriages; No.7 The Appeal Process).
4. DOCUMENTATION
Before a wedding
may take place, the following documents are required:
1) Current (not
more than
six
months old) baptismal certificate(s) for the Catholic parties,
or the Statement of Reception into the Church for one who has
been received into full communion.
2) Completed
Pre-Nuptial Investigation Forms.
3) Statement of
freedom to marry, preferably from a parent, close relative or
one who has known the person for a long time.
4) For a minor
(person under 18 years): written permission to marry from
parents and chancellor or vicar forane.
5) For a widow
or widower: marriage certificate of previous marriage and death
certificate of deceased spouse.
6) For a
divorced party: ecclesiastical decree of nullity, marriage
certificate of previous marriage and divorce decree.
7) For mixed
marriage: dispensation from disparity of worship or permission
for mixed marriage.
8) For wedding
in a church of another faith with a minister as official
witness: dispensation from canonical form and permission for
marriage outside of a church building, if applicable.
9) For a
marriage in a parish other than that of the bride or groom or
Catholic party in a mixed marriage: permission of
the proper pastor.
10) For a marriage in which the officiating priest is not
assigned to the parish where the marriage is to take
place: delegation of the proper pastor.
11) Marriage
license.
5. SPECIAL CONCERNS
A) PREGNANCY
Because of the high
rate of divorce in marriages where pre-marital Pregnancy existed the
couple, the parents, and the priest/deacon must Seriously Weigh the
decision to marry. Consequently, professional evaluation is
recommended in cases involving pre-marital pregnancy.
If attendance at
the Engaged Encounter Weekend causes embarrassment to the couple,
the priest/deacon will conduct the marriage preparation sessions
and/or arrange for a. trained married couple to assist him
B) MINORS
In view of the many
circumstances adversely affecting marriage today, especially the
lack of personal maturity, special care and consideration must be
given where minors are concerned. They must be made to understand
that marriage is a lifelong relationship and that care must be taken
to insure that their union
will
be a
happy and lasting one. The Interview with Minors found
in the Appendix may be a
helpful tool for
determining the couple’s readiness.
As a general rule,
parents and the priest/deacon attempt to dissuade minors from
marrying and suggest that the couple wait until they are at least
financially
independent and emotionally
secure to care for
themselves and their children.
The priest/deacon may confer with the
judicial vicar,
chancellor or vicar forane
if
he
considers making a referral for professional evaluation.
Parental Involvement
:
If either one of
the parties is under 18 years of age (and especially when a
pregnancy is involved), the priest/deacon is required to meet with
the couple’s parents to determine if there is pressure for or
objections against the marriage and the reasons for the pressUre or
objection. He needs to discuss the assessment process with them. The
priest/deacon may find the Interview with Parents of Minors in the
Appendix helpful.
C) COHABITING COUPLE
The Church believes
that sexual relations attains its highest value in the sacrament of
Matrimony. Since we as Church believe this to be God’s Will, the
Church does not approve of cohabitation prior to marriage. The
couple should be counseled to live apart and refrain from sexual
relations until marriage.
Recommended
Reading: Family, Marriage and “DeFacto” Unions issued by the
Pontifical Council for the Family (July 26, 2000) printed in Orgins,
January 11, 2001, Vol. 30. No. 30.
Dl MIXED MARRIAGES
These Marriace
Guidelines use the term “mixed marriages” to refer to a situation
where (1) one party is Catholic and the other is a baptized
Christian not in full communion with the Catholic Church and (2) one
party is Catholic and the other is non-baptized.
It is important
that the priest/deacon discusses with the couple their different
religious backgrounds and assists them in addressing and resolving,
any potential difficulties. He encourages them to respect each
other’s beliefs especially if one or both staunchly practice her/his
faith, to learn as much as possible about the other’s faith
community, and to attend the each other’s worship service.
During the
preparation, the Catholic party is made aware of the promises to do
all that is possible to raise the children of the marriage as
Catholics. Although the non-Catholic party is not required to make
such promises, she/he must be informed of what the Church expects of
the Catholic spouse (canon 1125,
1°
and 2°
). The priest/deacon also applies for the permission or dispensation
as required in canons 1124 and 1086.
In the course of
the couple’s liturgical preparation, the priest/deacon acquaints
them with the Norms for Intercommunion and the rites for the
celebration of mixed or interfaith marriages. fcf. Canonical
References).
F)
CONVALIDATION
A couple for
convalidation is expected to follow a marriage preparation program,
although their circumstances ought to be considered. If they have
been married for some years and have participated regularly in the
Sunday Eucharistic celebration, a lengthy preparation may not be
needed. The priest/deacon may find the program REFOCCUS
(Relationship Enrichment Facilitating Open Couple Communication,
Understanding and Study) helpful.
Ordinarily, a period of at least one year ought to elapse before
validation takes place. The priest/deacon and couple are cautioned
against viewing convalidation as a means of
saving the marriage, particularly if the couple is experiencing
difficulties. If this is the situation, the priest/deacon may ask
the couple to obtain an evaluation before proceeding with the
convalidation.
In
the course of preparation, the priest/deacon ascertains the parties’
freedom to marry in the Church. He also makes it clear to the couple
(1) that the marriage up to that point is invalid because of
one of the following: a lack or defect of form, defect of consent,
or the existence of a diriment impediment that has not been
dispensed; (2) that they are now exchanging an entirely new act of
consent and are entering into the Sacrament of Matrimony for the
first time.
F) SUBSEQUENT MARRIAGES
Current
psychological studies show that those separated from a former spouse
by divorce or death go through a period of grieving. Similarly, it
often happens that people have not dealt with the anger, hurt, and
frustration from the breakdown of a previous marriage. If this is
the case, the priest/deacon might suggest that the person
participate in the Nine-Week Support Group or a Beginning Experience
Weekend before entering a subsequent marriage. The priest/deacon may
also require evaluation and/or counseling.
If one or both of
the parties requires a formal annulment, the priest/deacon explains
the process and assists them in preparing the Petition for
Annulment. The wedding date is NOT set until the formal case has
been resolved.
It is recommended
that the priest/deacon adapt the Alternative Preparation Approach to
the couple’s situation bearing in mind the need to address the
failed marriage with both parties.
G) MARRIAGE OF NON-CATHOLIC COUPLES
According to the
law of the State of Hawaii, priests are not recognized as legal
witnesses for civil marriages. All marriages witnessed by priests
are considered religious marriages. Therefore, priests can only
officiate at a religious ceremony.
H) EXCEPTIONS TO THE FOUR-MONTH REQUIREMENT
Occasionally, the
priest/deacon might encounter a couple who will want to shorten the
time of preparation particularly when one of them is facing a visa
expiration or when the couple is elderly. After the Initial
Interview, the priest/deacon uses his discretion whether or not to
set a tentative wedding date. If he decides to waive the four-month
requirement, he will follow the marriage preparation outlined in the
Marriage Guidelines as completely as possible
-
given the
circumstances of the couple. He advises the couple that invitations
are not to be printed until the wedding date is confirmed.
In the case of an
elderly couple, the priest/deacon may decide to shorten the
preparation time in view of the couple’s maturity and lived
experiences. He may wish to focus on the couple’s sacramental
understanding of Matrimony, the practice of their faith, and skills
that deepen their relationship.
Accountability: In
cases where the four-month requirement is waived, the priest/deacon
must inform the chancellor or vicar forane who will keep a record of
the cases waived and the reasons given. This information will be
submitted to the Chancery as part of the annual report.
I)
LANGUAGE NEED
With couples who
have difficulty understanding or speaking English, priest/deacon may
request the help of another priest, couple, or religious who is
fluent in the couple’s language. The Office of Ethnic Ministries as
well as priests assigned to the various ethnic ministries, (Samoan,
Tongan, Korean, Japanese, Vietnamese and Hispanic) will be able to
provide assistance in marriage preparation.
J) UNCHURCHED COUPLES
This refers to
couples who have not participated in the Eucharist or in the life of
the Christian community for a number of years. Some may not have
received Eucharist, Reconciliation or Confirmation while others may
never have had training in the Faith.
It is recommended
that the priest/deacon provide them with instructions on the
sacraments and its celebration during the course of the marriage
preparation. This is particularly true of those who have not been
confirmed. Therefore, it is recommended that they receive the
Sacrament of Confirmation before marriage!
K) COUPLES/PRIESTS FROM OUTSIDE THE DIOCESE
Visiting Couple:
The couple is informed that they need to be prepared according to
the Marriage Preparation Guidelines of their own diocese. A copy of
the paper entitled Mainland and Foreign Marriages (cf. Appendix) is
sent to the couple to serve as a checklist. The couple is instructed
to send all documents and papers to their Chancery for the NIHIL
OBSTAT. Their Chancery will forward all paper work -to the Honolulu
Chancery. The Honolulu Chancery will then send all the papers to the
church of the wedding.
Visiting Priest:
A visiting priest officiating at a wedding in this diocese must
obtain a license from the State Department of Health. To do this, he
submits two letters to the State Department: one from his bishop or
religious superior and another from the Chancellor of the Diocese of
Honolulu. A copy of the paper entitled Requirements for Licensing
Priests from Outside the Diocese to Perform a Specific Wedding (cf.
Appendix) is sent to the priest to serve as a checklist.
L)
HIV AND
MARRIAGE PREPARATION
When a
priest/deacon becomes aware that one or both of the parties is
infected with HIV/AlDS, he is instructed to contact the Diocesan
Tribunal. Each case will be handled on an individual basis.
At the same time,
the priest/deacon must be aware of the canonical ramifications of
the situation. Willful concealment of HIV/AIDS on the part of the
infected partner would be fraud and thereby grounds of annulling the
marriage (canon 1098).
M) RCIA AND THOSE BEING RECEIVED lNTO FULL COMMUNlON
The pastor or
priest/deacon is responsible for determining a candidate’s marital
status prior to that person’s entrance into the RCIA process.
Consequently, if there is a need to rectify an irregular marital
situation, the canonical resolution is taken care of during the
period of inquiry or precatechumenate. Hence:
1) for
(potential) catechumens: before the Rite of Acceptance into the
Catechumenate;
2) for those
seeking full communion: before the Rite of Welcoming the
Candidates.
By attending to the
irregular situation before hand, unnecessary stress and
embarrassment to the party is eliminated and initiation or reception
into full communion can then take place as well as convalidation or
the celebration of marriage.
Information
concerning the validity of baptisms of Protestant Religions is found
in the Appendix.
N) MONITUM/VETITUM
In order to protect
the Sacrament of Matrimony and the individual and his/her future
spouse, the tribunal granting the declaration of nullity for a
previous marriage may attach conditions to the decree of nullity.
There are two types of conditions: the Monitum and the Vetitum
.
Monitum is a
warning that an unresolved problem in the individual might cause
stress or tension to the new relationship. The priest/deacon ought
to contact the tribunal that issued the Monitum for information in
order to address the problem with the individual and/or the couple
during their preparation.
Vetitum
prohibits the celebration of a subsequent marriage unless some
serious matter (i.e. anger management, spousal/child abuse;
alcohol/substance abuse. personality disorder, etc.) has been
resolved through medical and/or psychological intervention
.
The
attending priest/deacon needs to contact the tribunal that issued
the Vetitum for further instructions. Upon demonstration that the
problem has been resolved, the tribunal will lift the Vetitum and
give permission to proceed with the marriage.
6. DELAYED MARRIAGES
A priest/deacon may
not delay the marriage of a couple who are free without serious
cause. Canon 1077,~1 states: “In a particular case, the ordinary can
prohibit the marriage of his own subjects wherever they are staying
and of all persons actually present in his own territory, but only
for a time, a serious cause and as long as that cause exists.”
Serious Cause
for delaying a marriage would include:
1) Non-practice
of the Catholic faith by both parties with no intent of
returning to its practice;
2) Substantial
lack of appreciation for the spiritual and sacramental aspects
of marriage;
3) Lack of
readiness for marriage as assessed by the priest/deacon through
personal interviews, consultation with the parents, and, through
the pre-marriage evaluation and counseling;
4) Unreasonable
refusal of the parties to take part in a marriage preparation
program;
5) Lack of time
for adequate preparation.
When a
priest/deacon decides to delay a marriage, he notifies the
chancellor vicar forane in writing and gives the reasons for his
decision. He also notifies the couple of his decision and of the
consultation with the chancellor or vicar forane.
The chancellor or
vicar forane responds with his decision in writing to the
priest/deacon and sends a copy to the couple. If he agrees with the
priest/deacon for the delay, the letter also states the couple’s
right to appeal.
The delay is to be
no longer than a year.
The possibility of
alienating the couple from the Church can be minimized if the
diocesan policy and the reasons for it are thoroughly explained
during the Initial Interview. In the event of delay or postponement,
the priest/deacon continuing to counsel and assist the couple with
their marriage preparations.
7. THE APPEAL
PROCESS
The couple appeals
directly to the vicar general or judicial vicar who will review the
case and issue a decision. The priest/deacon responsible for the
decision and delay must assist the couple with the appeal process.
STEPS FOR THE APPEAL
1) The couple state
their desire and reasons for appeal in writing to the vicar general
or judicial vicar. This letter is given to the priest/deacon.
2) The
priest/deacon sends the following to the vicar general or judicial
vicar: (1) the couple’s letter of appeal together with his letter in
which he states his reasons for the delay and (2) a copy of the
chancellor’s or vicar forane’s letter.
3) The vicar
general or judicial vicar reviews the letters, and seeks assistance
from diocesan departments and persons, i.e., the tribunal, the
couple’s pastor, and parents before making a decision.
4) The vicar
general or judicial vicar interviews the couple and consults the
priest/deacon. After this, the vicar general or judicial vicar
issues his decision in writing and sends copies to the couple,
priest/deacon, and vicar forane.
No Driest/deacon may proceed with a marriage that has been delayed
by another priest/deacon without the approval of the vicar general
or iudicial vicar.
.
CANONICAL REFERENCES
NORMS FOR INTERCOMMUNION
Sharing
of Eucharist with other Christian denominations is not permitted by
the general discipline of the Church. This is to be considered when
plans are being made to have a Mass for a mixed marriage.
The Diocese of
Honolulu follows the guidelines for receiving communion issued by
the National
Conference of
Catholic Bishops on November 8, 1986 which states:
For Catholics
Catholics fully
participate in the celebration of the Eucharist when they receive
Holy Communion in fulfillment of Christ’s command to eat His Body
and drink His Blood. In order to be properly disposed to receive
Communion, communicants should not be conscious of grave sin, have
fasted for an hour, and seek to live in charity and love with their
neighbor. Persons conscious of grave sin must first be reconciled
with God and the Church through the Sacrament of Penance. Frequent
reception of the Sacrament of Penance is encouraged for all.
For Other Christians
We welcome to this
celebration of the Eucharist those Christians who are not fully
united with us. It is a consequence of the sad divisions in
Christianity that we cannot extend to them a general invitation to
receive Communion. Catholics believe that the Eucharist is an action
of the celebrating community signifying a
oneness
in
faith,
life, arid worship of the community. Reception of the Eucharist by
Christians not fully united with us would imply a oneness
which does not yet
exist, and for which we must all pray.
For Those Not Receiving the Eucharist
Those not receiving
sacramental communion are encouraged to express in their hearts a
prayerful desire for unity with the Lord Jesus and with one another.
For Non-Christians
We also welcome to
this celebration those who do not share our faith in Jesus. While we
cannot extent to them an invitation to receive Communion, we do
invite them to be united with us in prayer.
DISPENSATION FROM CANONICAL FORM
Where there are
serious difficulties in observing the canonical form in a mixed
marriage, the local ordinary of the Catholic party or of the place
where the marriage is to take place may ,for pastoral reasons,
dispense with the form. The request for the dispensation is to be
submitted to the Chancery together with a letter from the couple
stating their reasons for the request and the pastor’s or
priest/deacon’s recommendation.
The following are
some reasons that may warrant such a request: to achieve family
harmony or avoid family alienation; to recognize the significant
claim of relationship or special friendship with a non-Catholic
minister; to permit the marriage in a church that has particular
importance to the baptized non-Catholic.
If the ordinary of
the Catholic party grants a dispensation from canonical form for a
marriage which is to take place in another diocese, the ordinary of
that diocese should be informed beforehand in accordance with canon
1127 ~2.
A Statement of the
Policy Concerning Marriage
In the Diocese of
Honolulu.
“Married Christians, in virtue of the sacrament of matrimony,
signify and share in the mystery of that unity and fruitful love
which exists between Christ and His Church; they help each other to
obtain holiness in their married life and in the rearing and
education of their children; and they have their own special gift
among the people of God.”
(Rite of Marriage, Instruction, nn. 1,7)
Marriage Preparation:
The sacred nature
of a Church wedding demands that the couple have an understanding
and acceptance of the spiritual aspects of their mutual commitment.
In addition, a marriage in a Catholic Church presumes that at least
one of the parties to the marriage intends to practice the Catholic
faith. Primary responsibility for helping the couple to such
understanding belongs to the officiating priest
.
Since the marriages
of two baptized persons are sacraments, they are not merely private
or familial celebrations but ecclesial events. The spouses declare
their consent ‘before God and the Church’ and live out that
commitment in and with the support of the ecclesial community. It
is, therefore, fitting that this celebration should take place in a
church. It is here that the community is ‘gathered together by the
preaching of the Gospel of Christ, and the mystery of the Lord’s
supper is celebrated, ‘so that the whole fellowship is joined
together by the flesh and blood of the Lord’s body.’” (Beal,. John
P., Coriden, James a., Green, Thomas J., ed., New Commentary on the
Code of Canon Law, New york, Paulist Press, 2000.)
II. Procedures Regarding Marriage:
A. Place of Marriage
Marriages
ordinarily are celebrated in a parish church (c. 1115).
1. Marriage of Two Catholics
(a) In
the Diocese, under no circumstances is the marriage of
two
Catholics permitted out-of-doors, in catering
establishments,
country
clubs, restaurants, hotels, or marine vessels of any
kind.
(b)
Permission may be sought for marriage in the home only
when
one of
the members of the wedding party or a close relative is
an
invalid
or otherwise confined to the home.
(c)
Permission may be sought for marriage in an approved
Catholic
chapel
if one of the parties has a close affiliation with the
institution where the chapel is Iocated
2. Marriage of
a Catholic
to a Baptized
Non-Catholic
Permission
may be granted by the Chancellor for the marriage to take
place in a
non-Catholic church if sufficient reason exists. All other
situations
are covered by the same rules as for marriage of two
Catholics.
3. Non-Christian-Catholic Marriages
(a)
Marriages ordinarily should take place in the parish
church of the
Catholic or in another sacred place.
(b) If
difficulties arise because the persons are reluctant to
have the
ceremony in a Catholic Church, the priest or deacon may
seek
permission from the Chancellor of the Diocese to
celebrate the
marriage in another appropriate place after reviewing
the reasons
offered
by the couple and investigating the place suggested for
the
wedding. If possible, the ceremony should be celebrated
in a
chapel-like arrangement or in a room apart from the
place where
the
meal or reception will take place.
B. Other Considerations for a Mixed
Marriage
1. Marriages Witnessed by a
Priest or Deacon
(a)
Permission should be sought from the vicar of the
appropriate
vicariate or the Chancellor.
(b) The
parish responsible for preparing documentation that the
marriage is properly recorded is that in which the
marriage would
ordinarily take
place, e.g., the parish of the Catholic.
(c) The usual
pre-matrimonial investigation must be completed toensure the adequate
preparation, instruction and freedom of the couple.
(d) The priest
ordeacon must be the sole witness to the marriage.
(e) In the case
where the marriage would take place in the Catholic Church, a
non-Catholic minister may be present and may offer prayers and ask a
blessing on the couple.
(f) In view of this
restriction of participation by the non-Catholic minister, this must
be discussed with him/her and be agreeable to him/her and his/her
ecclesiastical superiors, if necessary.
(g) The priest or
deacon witnessing the marriage requires canonical. delegation from the
territorial parish in which the celebration of the marriage takes
place, if the place is outside his own parish.
(h) Notation of the
marriage must be made in the register of the territorial parish
within which the marriage actually takes place and the usual
documentation is to retained in the files of that parish.
(i) It is the
obligation of the priest/deacon witness to ensure that the usual notation is
made in the proper baptismal register.
2. Marriages witnessed by a non-Catholic
Minister with Dispensation
from Canonical Form.
(a) The parish
priest or deacon of the Catholic party is to prepare the couple and to
procure the proper documentation.
(b) The petition
for a dispensation from canonical form should be directed to the
Chancellor of the Catholic party. Reasons for the request should be
stated in a letter to the Chancellor.
(c) There can be
only one ceremony. The priest or deacon may be present to offer a
prayer and blessing.
(d) All records of
the marriage are to be placed in the parish files of the territorial
parish in which the marriage took place.. The priest arranging the
marriage is responsible for making sure this is done and for notifying
the Church where the Catholic was baptized.
(e) Ordinarily, a
non-Catholic minister may not witness a marriage in a Catholic Church.
Should a special case arise, please consult the Vicar General.
(f) Similarly,
outside of special cases, a Catholic priest may not witness a marriage
in a non-Catholic church, a non-sacred place.
C. Marriage of Catechumens
When a Catholic
marries a catechumen, a dispensation for disparity of worship is necessary for
validity. The marriages of catechumens whether with other catechumens or with
baptized Christians or even non-Christians, should be celebrated at a
Liturgy of the Word and never at a Liturgy of the Eucharist.
D. Nuptial Masses
I. A Nuptial Mass
is subject to the usual liturgical regulations. Holy Communion may not
be distributed to a non-Catholic participant with the exception of
Orthodox Christians, and then only with the permission of their own pastor.
2. In a marriage
between a Catholic and a non-Baptized person, a Nuptial Mass may not be
celebrated.
3. A Nuptial Mass
on Saturday would satisfy the Sunday obligation provided that the
celebration begins after 4 p.m. and the readings for that Sunday are used.
A Nuptial Mass is
not permitted on Sundays of Advent, Lent, and after the Easter season, on
solemnities, on All Souls Day, on Ash Wednesday, and during Holy Week.
E. Dispensations
and
Permissions
1. In requesting
marriage dispensations and permissions, it is useful to keep in mind that the
Catholic party must reside in the Diocese, otherwise the dispensations or
permissions are granted by the Ordinary in whose diocese the
Catholic party resides.
2. Requests for
marriage dispensations or permissions can be sought from the priest or
deacon preparing the couple.
(a) There must
always be sufficient reason for granting a dispensation or permission and
must include the spiritual welfare of the parties (b) Dispensation
from canonical form should be requested only for a serious pastoral
concern when there are grave difficulties in observing the
Catholic form and the spiritual welfare of the parties is involved.
F. Ecumenical Considerations
1. Members of other
churches, as well as non-Christians, may be witnesses
in
the
celebration of marriage in the Catholic Church.
2. A Catholic may
be best man or maid of honor or attendant at a marriage properly celebrated
among non-Catholics.
G. Inter-Ritual Marriages
1. Eastern Rite and Latin Rite
Catholics
The marriage may
take place in either the rite of the man or woman, provided that; at
least one party to the marriage is a member of the Latin Rite (c 1109). The
presider must be a priest or bishop.
2.
Latin Rite Catholic and Orthodox
Ordinarily marriage
takes place in the Latin Rite by a priest or bishop. The Vicar General may
grant a dispensation from canonical form so that the marriage may take
place in an Orthodox Church by an Orthodox Priest.
3. Eastern Rite Catholics and
Non-Catholics
The Eastern Rite
priest must witness the marriage
H.
Civil Law Requirements
1. A priest is not
permitted to witness a marriage of two-Catholics, nor may he presume to
witness any marriage in a merely civil capacity or for civil effects alone.
2. In all
marriages, whoever receives the vows must sign the license. Priests or ministers of
other religions who are present should not sign the license, nor
should they co-officiate sharing the nuptial ceremony.
Faculties and
Delegation
for Marriage
Pastors, by virtue
of their office, have ordinary jurisdiction to officiate at marriages in their
own parishes. Only a priest canonically assigned to a parish by the Ordinary as a
pastor, or parochial vicar or a deacon who is assigned to that parish is delegated
to witness marriages in that parish. Such a priest or deacon cannot validly
witness a marriage outside his parish unless he has the specific delegation of the
pastor of the parish in which the wedding takes place, or of the Ordinary himself.
Visiting priests
from other dioceses and religious priests, who are not appointed by the Ordinary as
parochial vicars, need specific and individual delegation from the proper
authority for each marriage they witness.
Note: Refer to Marriage Guidelines for the Diocese of Honolulu
(Revised: September 1994)
Download
Printable PDF Version Here
The Tribunal
Roman Catholic Church in the State
of Hawaii • Diocese of Honolulu
1184
Bishop Street • Honolulu, Hawaii 96813-2858
(808) 533-1791 • (808) 585-3382 (fax)
Requirements for Couples from Outside the Diocese
Requesting to Be Married in the Diocese of Honolulu
- If you have not already
done so, please contact your parish priest/deacon
regarding marriage preparation. He is responsible
for your marriage preparation and instruction.
The Diocese of Honolulu requires a minimum
of four (4) months preparation time.
- He will assist you
with obtaining the necessary documents,
permissions and dispensations (if needed). In
the Diocese of Honolulu, attendance at the
Engaged Encounter Weekend followed by sessions
with the priest/deacon preparing the couple for
marriage is required as part of the marriage
preparation.
- He is responsible
for forwarding the following information and
documents to the chancellor of your diocese
for review:
- a letter of
recommendation stating that:
- you have been
prepared according to the marriage
preparation guidelines of your diocese;
- permission has
been granted for the marriage to be
celebrated in Hawai`i (Canon 1115).
- a current copy of
the Baptismal certificate of the Catholic
party.
- an Affidavit of
Freedom to Marry for each party signed
by a competent person (e.g. parent, relative
or close friend) and the signature witnessed
by a pastor/priest/cleric of the person
vouching for your freedom to marry.
- the completed
Pre-nuptial Investigation form used in
your diocese.
- if applicable:
- a dispensation
for disparity of worship
- a dispensation
from canonical form
- permission for
Mixed Religion
- decree of
nullity of a former marriage
(If either party was previously married,
a declaration of nullity for a lack of
form or formal annulment must be
obtained.)
When all the required
information is received by the Diocese of
Honolulu, a Nihil Obstat will be granted
and sent to the priest/deacon officiating at your
wedding in Hawai'i along with all pertinent
documentation.
- Contact the parish
(four (4) months prior to the date of your wedding)
in the Diocese of Honolulu to make arrangements for
a priest/deacon to officiate at your wedding and to
reserve the church as well as schedule a rehearsal.
- Provide the following
information:
- your name and the name
of your fiancé (fiancée), addresses, home and
work phone numbers;
- the name of the
priest/deacon responsible for the marriage
preparation;
- the name of your
parish, address, phone and fax numbers.
Other Helpful
Information
The sacred nature of marriage demands that the couple
have an understanding and acceptance of the spiritual
aspects of their mutual commitment. Having been duly
prepared for this commitment, the couple welcomes the
opportunity to marry according to the prescribed laws of
the Catholic Church. Therefore, the marriage of TWO
CATHOLICS is to take place in a sacred place (a Catholic
church or officially recognized Catholic chapel).
When a CATHOLIC plans to marry a person who is CHRISTIAN
but not CATHOLIC, the couple, if there is a good reason,
may send a request in writing to the Office of the
Chancellor, Diocese of Honolulu, to obtain the
permission of the bishop to grant a dispensation for the
marriage to take place in the church of the
non-Catholic partner.
When a CATHOLIC is going to marry a person who is
NON-CHRISTIAN and wishes to have a non-Catholic minister
or a civil official officiate at the wedding rather than
a Catholic priest/deacon, the couple may send a request
in writing to the Office of the Chancellor, Diocese of
Honolulu, to obtain the permission of the bishop to
grant a dispensation to delegate the authority to either
the non-Catholic minister or a civil official.
Requirements Licensing
Priests From Outside the Diocese To Officiate at a
Specific Wedding
If you are inviting a priest/deacon from outside
the Diocese of Honolulu to officiate at your wedding,
please ask him to:
- contact the pastor of the
parish where the wedding is to take place to seek
permission.
- contact the State of
Hawai`i, Department of Health (808) 586-4540 for an
application for a license to officiate at a marriage
in the Diocese of Honolulu.
- write to the Chancellor of
the Diocese of Honolulu for a letter of
recommendation asking that a license to officiate at
the marriage be granted. Include with the request
for permission
- a letter from his
Bishop, Vicar General, or Major Superior stating
that he is in good standing in his diocese and
he has permission to officiate at a wedding in
the Diocese of Honolulu.
- the names of the bride
and groom, the specific date, the church and/or
location of the wedding.
The Chancellor of the Diocese of
Honolulu will send the Bishop's letter along with his
own letter granting permission to the priest, to the
State of Hawai`i Department of Health.
The priest officiating at the wedding must see that all
necessary entries regarding the marriage are entered in
the marriage register of the parish where the wedding
took place as well as mailing the originals to the State
of Hawai`i, Department of Health.
