Dispensation from Canonical Form
Revised December 2002
Instructions and Guidelines for Processing the Dispensation
Archdiocesan policy regarding dispensation from canonical form is based on
(a) the prescriptions of Canon 1127,§2,
(b) complementary legislation by the National Conference of Catholic Bishops,
(c) the Archdiocesan Guidelines for Ecumenical and Interreligious Affairs, nn. 95-96, published in May 1988, and
(d) the Archdiocese Guidelines of May 8, 1998.
Please refer to these sources and, in case of doubt, consult with the Office of the Vicar for Canonical Services staff.
1. The diocesan bishop or other local ordinary is not to dispense from canonical form for a marriage between two Catholics, except in danger of death (can. 1079, §1).
2. It is the local ordinary of the Catholic party who has the authority to dispense from the canonical form. If the Catholic party resides outside of the Archdiocese (even if the wedding is to take place within the Archdiocese), it is the bishop of the diocese in which the Catholic party resides who must be petitioned for the dispensation.
3. If the location of the proposed wedding is outside of the Archdiocese of Los Angeles, the ordinary of that place must be consulted (can. 1127, §2) and the regulations of that diocese respected. The Office of the Vicar for Canonical Services will make the necessary consultation.
4. Even when “serious difficulties” (can. 1127, §2) pose an obstacle to the observance of canonical form and warrant the granting of a dispensation from form, the requirements of canon 1125 for mixed marriages or disparity of worship marriages still apply. Consequently, a petition for a dispensation from form should be accompanied by either:
a. the properly signed petition for a dispensation from disparity of worship, or
b. the properly signed grant of permission for mixed marriage.
5. “For Latin Catholics to be married in a parish or mission church other than the proper parish(es) of the Catholic party or parties, permission is required from
(1) the pastor of that parish where the ceremony is desired, and (2) the pastor of the parish in which the Catholic party (or one of the Catholic parties) is domiciled (canon 1115).” [Policies Concerning the Place of Weddings, pg. 3-V]
6. After the dispensation is granted, all documents related to the marriage should be forwarded to the parish of the Catholic party.
7. If the Catholic priest or deacon attends and participates in the wedding when a dispensation from the canonical form has been granted, he may not in any way ask for the consent of the parties or receive their vows, either individually or jointly with the other minister. He likewise may not perform a combined inter-ritual service with the officiating minister or a separate liturgical service (can. 1127, §3). The participation of a priest or deacon in a wedding held with a dispensation from canonical form is governed by the Archdiocesan Guidelines for Ecumenical and Interreligious Affairs, number 96.
8. It is the responsibility of the priest, deacon or other pastoral minister who applies for the dispensation from canonical form to see that the marriage is recorded in the parish of the Catholic party and in the parish of his/her baptism. A“Marriage Notification Form” will be returned with the rescript granting the dispensation.
a. If another priest or deacon is to attend the wedding, the submitting priest, deacon or pastoral minister is to send the “Marriage Notification Form” to him for completion and transmittal to the parish of the Catholic party, the name and address of which is to be supplied on the form.
b. If no priest or deacon is to attend the wedding, the submitting priest, deacon or pastoral minister is to send the“Marriage Notification Form” to the minister or rabbi who officiates, requesting that he or she forward it to the parish of the Catholic party, supplying the name and address of the place of marriage in the appropriate place on the form.
9. Upon receiving the “Marriage Notification Form” and recording the marriage, the pastor of the Catholic party is asked to notify the parish of baptism regarding the marriage (with notice of dispensations/permissions granted). He is to return a copy of the “Marriage Notification Form” to the Office of the Vicar for Canonical Services.
- Christian Marriage and the Ministry of the Tribunal
- Frequently Asked Questions About Annulments
- How to Present a Case
- Law in Service of the Church
- For Non-Catholic Respondents
- For Parish Ministers
- Office of Canonical Services
- About Defects of Consent
- Spirit and Law Convention
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