Ligamen
Encyclopedia
Ligamen is, in Roman Catholic canon law
, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.
A person, already married, who wishes to marry again, must provide sufficient evidence of the death of the former spouse: an official death certificate, issued by the parish priest or other authorized ecclesiastic, or by the proper civil official, the directors of hospitals, the military commanding officer, or satisfactory evidence from other public records and reports.
A putative marriage
must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid.
Should the second marriage have been contracted in good faith
, if only by one party, and it subsequently appear that the first spouse still lived, then the second marriage would not only be invalid, but the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the second and invalid marriage would enjoy the advantage of being putative marriage
. This second marriage, though illegal during the lifetime of the first spouse, may be validly contracted after his or her death; indeed, should the party who acted bona fide demand it, the guilty one is then bound to contract marriage validly with the petitioner.
Since monogamy
and the indissolubility of marriage are founded on the natural law
, this impediment of ligamen is binding also on non-Catholics and on the unbaptized. If an unbaptized person living in polygamy
becomes a Christian, he must keep the wife he had first married and release the second, in case the first wife is converted with him. Otherwise, by virtue of the "Pauline privilege
", the converted husband may choose that one of his wives who allows herself to be baptized.
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.
A person, already married, who wishes to marry again, must provide sufficient evidence of the death of the former spouse: an official death certificate, issued by the parish priest or other authorized ecclesiastic, or by the proper civil official, the directors of hospitals, the military commanding officer, or satisfactory evidence from other public records and reports.
A putative marriage
Putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or...
must be presumed valid, and so constituting the impediment of ligamen, until it is proven invalid.
Should the second marriage have been contracted in good faith
Good faith
In philosophy, the concept of Good faith—Latin bona fides “good faith”, bona fide “in good faith”—denotes sincere, honest intention or belief, regardless of the outcome of an action; the opposed concepts are bad faith, mala fides and perfidy...
, if only by one party, and it subsequently appear that the first spouse still lived, then the second marriage would not only be invalid, but the parties to it must be separated by the ecclesiastical authorities, and the first marriage re-established. However, the second and invalid marriage would enjoy the advantage of being putative marriage
Putative marriage
A putative marriage is an apparently valid marriage, entered into in good faith on the part of at least one of the partners, but that is legally invalid due to a technical impediment, such as a preexistent marriage on the part of one of the partners. Unlike someone in a common-law, statutory, or...
. This second marriage, though illegal during the lifetime of the first spouse, may be validly contracted after his or her death; indeed, should the party who acted bona fide demand it, the guilty one is then bound to contract marriage validly with the petitioner.
Since monogamy
Monogamy
Monogamy /Gr. μονός+γάμος - one+marriage/ a form of marriage in which an individual has only one spouse at any one time. In current usage monogamy often refers to having one sexual partner irrespective of marriage or reproduction...
and the indissolubility of marriage are founded on the natural law
Natural law
Natural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
, this impediment of ligamen is binding also on non-Catholics and on the unbaptized. If an unbaptized person living in polygamy
Polygamy
Polygamy is a marriage which includes more than two partners...
becomes a Christian, he must keep the wife he had first married and release the second, in case the first wife is converted with him. Otherwise, by virtue of the "Pauline privilege
Pauline privilege
The Pauline Privilege is a Christian concept drawn from the apostle Paul's instructions in theFirst Epistle to the Corinthians.-Origin:In Paul's epistle it states:...
", the converted husband may choose that one of his wives who allows herself to be baptized.