1.1.

1 Canonical Perspective to Marriage

The teachings of the Second Vatican Council marked a watershed in the Church’s
understanding of marriage. There was a clear preference for the term ‘covenant’ in place of
‘contract’ as was found in the 1917 code.1 This is not surprising as the term ‘covenant’ was
more in harmony with the personalistic perspective of the Gaudium et Spes. For instance, the
Council described marriage as “an intimate sharing (communitas) of married life and love”2
(GS, 48. The code translated this conciliar teaching into canonical language and has
succeeded in integrating this mindset into the canonical tradition. According to the fathers of
the Vatican II Council, God’s covenant of love and fidelity to his people through Christ,
“now encounters Christian spouses through the Sacrament of Marriage” 3(Cf. GS, 98). Thus,
through marriage, husbands and wives are capable of great holiness. This is the case when the
individual’s intention for entering into marriage is in consonance with the natural ends and
objectives of marriage.

Furthermore, the 1983 Code of Canon Law gives direct instructions on marriage in the mind
of the Catholic Church as defined by the fathers of the Second Vatican Council. According to
this code, “a valid marriage contract cannot exist between baptized persons without its being
by that very fact a sacrament” (CIC/83, can. 1055 §2).

1.1.1.1 Marriage as a Sacrament

The Catechism of the Catholic Church (CCC no. 1131) describes the Sacrament as an
effective sign – one that imbues grace upon man for his salvation as ordained by Christ. The
sacrament is regarded as a conduit between the soul of man and the grace created by Christ
on the cross. Simply stated, the sacrament imbues the soul with God’s grace.

The marriage sacrament has a unique sacramental grace attached to it; under the sacrament of
marriage, couples are blessed with abundant sanctifying grace that espouses the spiritual
order of marriage, perfecting it and opening up the union for the receiving of the divine grace
they need in order to fulfil the purposes of a marriage as ordained by God (cf. CCC no. 1535;
GS 48 §2).
1
Chime, When Marriages Fail, 6.
2
Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, 7.
December, 1965, No. 48 in : Austin Flannery (Ed.): Vatican Council 11. The Conciliar and Post Conciliar
Documents. New Revised Edition, Minnesota 1996
3
Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, 7.
December, 1965, No. 49
The institution of marriage is also regarded as a sacrament in itself by the conciliar Fathers.
Quinn describes sacraments in this context as “visible signs chosen by Christ to bring to
mankind the grace of His paschal mystery.”4 Explaining further, the conciliar Fathers noted
that Christ’s sanctification of the marriage institution makes it a sacrament. 5 In highlighting
what makes marriage a sacrament, the Pope Paul VI explained thus: “The marriage of those
who have been baptized is invested with the dignity of a sign of grace, for it represents the
union of Christ and his Church.”6 Also, John Paul II, espouses marriage as a sacrament in
‘Theology of the Body’, wherein he noted that “The primordial sacrament is constituted,
understood as a sign that efficaciously transmits in the visible world the invisible mystery
hidden in God from eternity. And this is the mystery of Truth and of Love, the mystery of
divine life, in which man really participates.” 7 This is understood to mean that the sacrament
predates the creation of all men as it was instituted during the creation of Adam and Eve
wherein the love of the trinity is made evident and brought to life through the consummation
of that first union.

An early version of the Code of the Canon Law – that of 1917 – regards marriage as a
contractual entity (cf. CIC/17, can. 1012 §1). The 1983 Code, however, regards marriage as a
Sacrament. It is in the 1983 Code that marriage is interpreted appropriately as a Sacrament in
the following way:

“the marriage covenant, through which a man and a woman a

partnership of their whole life, and which of its own nature is ordered
to the good of the spouses and the procreation and education of
offspring, has between the baptized, been raised by Christ the Lord to
the dignity of a sacrament.” (CIC/83, can. 1055 §1).

The essence of Sacraments lie at their core, which is the conferment of grace on married
couples as is in the marital institution.8 This is in addition to the pre-existing love and
affection between the individuals in the union. As such, they are the very embodiment
of that which they espouse according to the tenets of the Canon law that states the
4
J.R Quinn, “Sacraments, Theology of’, in New Catholic Encyclopedia, Vol. 12, 806.
5
Victor, Ifeanyi. The Concept of Marriage According to Vatican Council II with Comparative References to
the Encyclical ‘Humanae Vitae’ and the New Code of Canon Law, 39.
6
Paul VI, Encyclical Letter, Humanae Vitae, July 25,1968, No.
8,http://w2.vatican.va/content/paul-vi/en/encyclicals/documents/hf_p-vi_enc_25071968_humanae-vitae.html
accessed on 20.10.2016
7
JOHN PAUL II, Man and Woman He Created them. A Theology of Body. (Boston: Pauline Books and
Media, 2006), 203.
8
B. Cooke, Sacraments and Sacramentality, (Mystic: Twenty-third Publications. 1983), 79.
following: “from a valid marriage there arises between the spouses a bond which of its own
nature is permanent and exclusive. Moreover, in Christian marriage the spouses are by a
special sacrament strengthened and, as it were, consecrated for the duties and the dignity of
their state.” (CIC/83, can. 1134).

The sacramental grace, which is reserved for baptized marital couples (or Christian
marriages), reinforces the union between husband and wife, enabling them to fulfil their
divinely ordained roles to one another and for conjugal pleasures to the glory of God. The
notion of the grace provided by the sacrament is the rationale for the rights of the Church to
determine how marriages ought to be conducted in Catholicism (CIC/83, can. 1059).

Marriage, in its first institution through Adam and Eve, was a sacrament depicting holy
communion with God. It is for this purpose, also, that Christ is the harbinger of the
primordial sacrament of marriage in its ultimate fulfilment of the purpose of life as it was
originally intended at creation9

In order to have a complete understanding of the marriage sacrament and marital unions as it
pertains to the New Covenant, it is imperative to consider both from the perspective of
salvation. A Christian perspective is particularly imperative in this regard as marriage, as it is
understood in the sacrament, is anchored on Christ – the real essence of the spiritual vows,
which is at once a covenant and a divine unification of spirits.

This essence of the sacrament is also highlighted in the selfless act of God incarnated as the
Son, Jesus Christ, to make salvation accessible to mankind. The act of self-sacrifice, as
demonstrated by Christ, provides the quintessential example for selfless acts required in
marriages. This is very much underscored in a passage of the New Testament wherein the
required order of marriages is compared to the relationship between Christ and the church.
(Eph5:21-33).

The union between the man and the wife is thus elevated to the pedestal of the holy
sacrament. Christ, in this manner, has desired that the institution of marriage should not be
restricted to the semblance of the relationship He has with the church; rather, that it should,
also, be seen as the ultimate representation of it, in truth and in spirit. Thus, the couple are
members of God’s promise of abundant life filled with grace by embodying the demands of

9
JOHN PAUL II PONTIFICAL THEOLOGICAL INSTITUTE FOR MARRIAGE AND FAMILY
SCIENCES in: India Journal Of Family Studies. Vol. 19, No. 1, (INDIA: CANA PUBLICATIONS, 2018),
55.
marital union.

Procreation and salvation are two vital purposes of the marriage sacrament – an act that is
traceable to the New Covenant. Marriage in itself should not be regarded merely as a union or
a state but, also, as an action – one that requires activity for the sustenance of it. This attribute
distinguishes marriage in that it requires purposeful and deliberate action and sacrifices on a
daily basis between man and wife. It is such lifestyle of activity and sacrifices in marriage
that binds deeply the man and his wife to the glory of Christ.

Expressly stated, the marriage sacrament is representative of Christ’s divine love to the
church, which a couple embodies in communion with one another. Every Christian that is a
partaker of the marriage sacrament has thus become a channel through which that divine love
of Christ revolves round the Church. To reiterate, marital unions in Christendom have always
been considered as replete with the sacrament. This is what Pope Leo XIII noted when he
stated the following:

“marriage is a sacrament, because it is a holy sign which gives grace,

showing forth an image of mystical nuptials of Christ with the Church.
But the form and image of these nuptials are shown precisely by the very
bond of their close union in which man and woman are bound together in
one; which bond is nothing else but marriage itself, and by itself a
sacrament. Therefore the sacramentality of Christian wedlock is not an
ornament or an outward endowment added to the event.”10

Christ so revered the marriage communion that he elevated it to the order of the sacrament
while he reigned on earth as a man. Though the institution of marriage itself was not done by
Christ; nevertheless, he was responsible for its elevation to the order of the sacrament that its
partakers may benefit from the grace that abounds in the sacramental nature.

11
While there are no accounts of the marriage institution by Christ as it is with other
sacraments, the marriage sacrament is, however, established on the basis of salvation as
evidenced in his sermons.12 According to Pope Paul VI:

“marriage is not, then, the effect of change or the product of evolution of

10
Edward, Schillebeeck. Marriage, Human Reality and Saving Mystery. (London: 1965), 332.
11
Benedict Etafo& Hilary Okeke (eds.), Marriage and The Family In Nigeria. (Onitsha: Rex Charles and
Patrick Ltd., 1993), 109.
12
A Code of Canon Law: A Text and Commentary edited by James Coriden, et al., (New York: Mahwah,
1985), 741.
 unconscious natural forces; it is the wise institution of the Creator to
realize in mankind his design of love. By means of the reciprocal personal
gift of self, proper and exclusive to them, husband and wife tend toward
the communion of their beings in view of mutual personal perfection, to
collaborate with God in the generation and education of new lives.”13

The fact that marriage is regarded as a sacrament carries with it some enormous significance.
A vital aspect of this is that marriage is one of the ways through which people discover the
salvation that is made available in Christ. This is because the very act of marriage is an act of
giving of oneself, thus enabling the couple to discover the importance of sacrificial giving
that is demonstrated in salvation through Christ. In this vein, the sacrament of marriage is a
demonstration of Christ’s unconditional love to the couple. Also, marriage is seen as a
demonstration of the purity of Christianity as well as the continuation of God’s creation of
the world. Thus, it helps accomplish God’s directive to man during creation to “be fruitful
and multiply” (Cf. Gen 1:28).

The marriage sacrament is a revelation of God’s ultimate plan to establish an eternal

communion and relationship with mankind through the new covenant made possible by
salvation in Christ. The possibility of this, however, is as a result of the unification of
mankind with God, through Christ, in a communion that is made perfect and intended for all
of eternity. This love is brought to life in flesh as those who become partakers of the
communion become one with God as they are reborn in salvation just as Christ is risen to
eternal glory.14

Marriage, in the context of the sacrament, is thus an eternal act in itself just as Christ gives of
himself eternally. By this foregoing, John Paul II noted that "the gift of Jesus Christ is not
exhausted in the actual celebration of the sacrament of marriage, but rather accompanies the
marital couple throughout their lives.”15 In this regard, the couple is admitted into Christ’s
glory and are thus beneficiaries of his presence in their marital life. In the same way God
enveloped mankind in his presence under the old covenant, Christ, also, wraps Christian
couples in his abundant love under the marriage sacrament. Christ’s presence in Christian

13
Paul VI. HV, 8 §2, in: Enchriridion On the Family: A Compendium of Church Teaching on Family and Life
Issues from Vatican II to the Present, (Boston: Classics, 2004), 21.
14
B.K., Nwakonobi, Igbo System of Kinship and Family, (Port Harcourt: University Press, 1989), 79-80.
15
John Paul II, Apostolic Exhortation, FamiliarisConsortio, 22 November 1981, No. 56 § 2, AAS 74(1982),81-
191, in : Paulines Publications USA, Boston 1981,95-113
marriages is thus a model for the practical demonstration of the same love he has shown to
the Church, enabling couples to replicate same in sacrificial giving of themselves without
encumbrances. In this regard, couples are able to access the eternal communion and love
available in Christ.16

Another importance of the marriage sacrament is that it is a pathway for the sanctification of
Christian families and their homes.17 . The acts of the marriage sacrament and that of baptism
are thus evidences of God’s eternal love. The presence of Christ and the manifestation of his
spirit in the marriage sacrament bestows healing on the couple, while enriching their love and
fidelity for each other as it is in God’s order.

The sacrament nature of marriage has a mutually beneficial relationship with God. The
apostle St. Paul observed that the relationship between the man and his wife are a semblance
of the relationship between Christ and the Church. He, therefore, admonishes Christian
couples to regard each other with total respect and render self sacrifice as Christ did (Cf. Eph
5:21-33). The selflessness required in marriages is thus a replication of the same sacrifice that
Christ made for the church. As such, the display of love for each other by Christian couples is
seen as the demonstration of the sacramental nature of marriages, which is to the glory of
God. The couple is, therefore, a demonstration of God’s sacrament brough to life – a union of
people who give themselves totally to Him and He also to them. The grace that flows from
God as a result of his covenant with man that empowers the union between man and wife
and, therefore, makes their covenant sanctified. As such, the expression of love by the couple
to one another is the ultimate expression of God’s love to mankind.18

A feature of the sacrament, which is domesticity, as evidenced in the structure of the church,
is automatically conferred on marriages conducted under the sanctity of the church. This
feature makes marriage a lifestyle for those united under Christ as they are baptized. This
very fact was noted by Walter Kasper in the following words: “the love and faithfulness of
Christian couples are not simply the sign and symbol of the love of God - they are the
effective sign, the fulfilled symbol and the real epiphany of the love of God that has appeared
in Jesus Christ.”19The Christian couple who are partakers of Christ’s love are,

16
L., Lee. Contribution of Lay People towards Preparation of Marriage: Commentary on Canon 1063 and
1064. (Washington: College Press, 1990), 53.
17
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No.56 § 1,

18
B. Kisembo et al, African Christian Marriage, (Nairobi: Limuru, 1998), 42.
19
Walter Kasper, op.cit., 35.
therefore, expected to fulfil the utmost standard of total self-sacrifice to one another
just as Christ demonstrated to the church.

1.1.1.2 Marriage as Covenant and Contract

Marriage, according to the Council Fathers, is a covenant; a “conjugal covenant.”20 In
viewing marriage as a covenant, the Fathers of the Vatican Council II, revealed it to be
composed of an indestructible force. It is for this reason that they regard it as an “intimate
partnership” established on “irrevocable personal consent.”21

The Canon Law of 1983 entails the Conciliar document, Gaudium et Spes in describing
marriage as a "covenant" as opposed to the description of a “contract” previously described in
the 1917 Code22 Despite these differences in description by the 1917 and 1983 Codes, the
contract and covenant terms are both applicable to marriage for the reason that the marital
covenant can only be ordained for those who are baptized in a contractual manner. 23 In this
regard, marriage can be described as a contract of a unique nature.24 The Canon Law of the
church deliberately uses both contract and covenant in description of marriages.25

Regardless of these similarities, the manner in which covenant is used in GaudiumetSpes

has generated questions regarding differences, if any, between what the terms covenant and
contract actually means. In highlighting the differences with regards to why covenant is a
preferred term, Kasper. W. Notes:

“the most suitable word, then, would seem to be the biblical term "covenant,"
which was also used in the documents of the Second Vatican Council.
"Covenant" expresses the personal character of the consensus better than
"contract" or "institution." It is also able to express the legitimate intention of
marriage, its public character, which is contained in the term "contract." A
covenant is both private and public. The covenant of marriage is not simply a
personal bond or covenant of love - it is also a public and legal matter

20
Second Vatican Council, Pastoral Constitution on the Church in the Modern World, GaudiumetSpes, 7.
December, 1965, No. 48 in: Austin Flannery (Ed.): Vatican Council 11. The Conciliar and Post Conciliar
Documents. New Revised Edition, Minnesota 1996
21
Second Vatican Council, Pastoral Constitution on the Church in the Modern World, GaudiumetSpes, 7. No.
49
22
J.P. Beal, Commentary on canons 1055-1062, 1241.
23
J.P. Beal, Commentary on canons 1055-1062, 1241.
24
T. Pazhayampallil, Pastoral Guide, Vol. 2. (New Delhi : 2004), 779.
25
C. West, Good News about Sex and Marriage: Answers to Your Honest Questions about Catholic Teaching.
(Cincinnati: Catholic Pub., 2004), 47.
 concerning the whole community of believers.”26

Some pundits have revealed the rationale behind the use of the word covenant instead of the
word contract. Heylen notes that when the word covenant is used, it usually denotes a
contextual bearing to life, whereas contract on the other hand indicates a relationship to
transactional affairs (that may be considered to be temporary).27 Haring disclosed that the use
of the word contractus, (contract) instead of foedus (covenant) was turned down by the
commission that created the document, GaudiumetSpes, in spite of several petitions for it.
Haring explains that there are several reasons for this preference, one of which is that “the
relation between Christ and the Church (which is reflected in marriage) is not a contract but a
covenant.”28Haring further notes that “marriage contract” is historically an act that was
conducted through bargain by the families involved, which typically blurs the covenant
nature of marriage. He notes, also, that marriage has been further relegated to a mere
agreement made necessary only by the individuals involved, which can also be revoked
according to the whims of same individuals. Another reason that highlights the preference for
the use of “covenant” as opposed to “contract” is that the latter is used predominantly for
inanimate or lifeless objects such as services and businesses, whereas the former is concerned
with actual beings from which it is inseparable.29

In order to have a full and proper grasp of what a covenant entails and its preferential use
over contract, experts note the following three merits in the use of covenant:

1. By prioritizing rights and obligations of the individuals, the contract term thus
demotes the celebration of marriage (matrimonium in fiery) while placing importance
on marriage as a state of life(matrimonium in facto esse)30 . In this regard, the
covenant description of marriage can promote the effects of both covenant and
contract to the benefit of the couple.

2. Covenant denotes the sacred nature of things due to its biblical origin. Even though
covenant is often used for common vows, its use by writers of the Old Testament in
describing God’s promises to the people of Israel shows it is a sacred term. The term
26
Walter, Kasper. Theology of Christian Marriage, (New York: Christian books, 1993), 41.
27
Cf. V. Heylen, “II matrimmonio e la famiglia”, in La Chiesa nelmondocontemporane (ed.) Enzo
Giamancheri (Brescia: Queriniana, 1966), 153.
28
B. Haring, “Fostering the nobility of Marriage and the Family”,in H. Vorgrimler (ed.) Commentary on the
Documents of Vatican II, Vol. V (New York: Herder and Herder, 1969), 232.
29
B. Haring, “Fostering the nobility of Marriage and the Family”,in H. Vorgrimler (ed.) Commentary on the
Documents of Vatican II, Vol. V, 232.
30
G. Taylor & E. de Bekker, Parish Priests and Marriage Cases, (Bangalore: Pauliness, 2005), 3.
 covenant encapsulates God’s unyielding and unconditional commitment to the people
of Israel despite their often disobedience. This description of covenant is also evident
in the New Testament in the manner in which Christ dedicated himself to the Church,
his people who are united under love of the salvation provided by his sefl sacrifice
-“the covenant between Christ and the Church” (cf. Eph 5:23-32).

3. The covenant description of marriage denotes the individuality of decisions and

commitments made by the partners to each other in the marriage. It emphasizes the
obligations and rights made by each individual to the other. On the other hand,
contract presupposes that rights and obligations are earned – a situation that makes for
easily nullification of same where such rights and obligations become the overarching
factor in the relationship.

West also made an important discovery while writing on the “basic theology of marriages,”
regarding the differences between the contractual aspect and the covenant nature. He noted
that “while marriage involves a legal contract, it should be subordinate to the spousal
covenant, which provides a stronger, more sacred framework for marriage than mere
contract. A covenant goes beyond the minimum rights and responsibilities guaranteed by a
contract to personal commitment in the union of husband and wife. A covenant calls the
spouses to share in the free total, faithful, and fruitful love of God. Through the sacrament,
God joins the spouses in a more binding and sacred way than any human contract can
afford”31. In truth, “Covenant (foedus) signifies bond, mutual commitment, partnership,
communion, and love. It deals with people, and it is a relationship of mutual trust and
fidelity.”32whereas contract symbolizes an obligation of duty and responsibility, and not that
of sacrificial commitment. With references to this perspective, Pope Pius XI stated as
follows;

“married love is an eminently human love because it is affection between

two persons rooted in the will and it embraces the good of the whole
person; it can enrich the sentiments of the spirit and their physical
expression with a unique dignity and ennoble them as the special elements
and signs of the friendship proper to marriage. The Lord, wishing to
bestow special gifts of grace and divine love on it, has restored, perfected,

31
C. West, Culture of Love and Life :https://www.piercedhearts.org/culture_love_life/christopher_west/
theology_marriage.htm accessed on January 2016.
32
Cf. T. Pazhayampallil, op.cit; 773.
 and elevated it. A love like that, bringing together the human and the
divine, lead the partners to a free and mutual giving of self, experienced in
tenderness and action, and permeates their whole lives.”33

The matrimonial love of the couple is thus realistic when the individuals give themselves to
each other totally and without conditions. On the basis of the contractual nature of marriage,
it exists because the partners avow to the covenant of love. In the context of the contract
nature of marriage, there is the factor of consent, which is a necessary phenomenon for the
marriage to be consummated in the first place. It should, therefore, be noted here that
contract, as it refers to marriage, is not merely of the kind that exists in transactional
engagements; rather it is of a unique kind.34 It is regarded as special due to the
sacramental nature of marriage, its motives as well as the requirements for its
sustenance; hence, the legality of marriage, which requires the sacrificial rights and
responsibilities towards the other is leveraged; “when we view marriage as rooted in the
conjugal covenant of irrevocable personal consent.”35 As such, the covenant of matrimony
beckons on couples to partake in the absolute grace and love of God.

1.1.1.3 Matrimonial Consent

As early as the middle ages, there questions were being raised regarding the most vital
element of a marriage. Canonists in Bologna asserted that consummation was an essential
factor, while members of the school of Paris believed consent to be the vital component. Pope
Alexander III (1159 – 1181) put a rest to the debates when he stated that consent was the
most important factor that validates a marriage, a factor that continues to be relevant in the
practice of Christian marriages till date.36

The etymology of the word ‘consent’ is rooted in the Latin word, consensus. Simply stated,
the word means ‘agreement, unanimity and concord of persons’. Its verb, consentire, implies
‘to share in feeling, to feel together, to agree, to assent, to resolve unanimously.’ 37This
meaning connotes a planned and voluntary accord in line with a particular purpose,
highlighting the power of the individual in decision-making.38Consent in matrimony,
33
Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No. 49
§1
34
Cf. T. Pazhayampallil, op.cit., 779.
35
A.O. Gbuji, The Pastoral Care of Marriage and Family Life in Nigeria, (Ibadan: Joja, 2006), 30.
36
Bernard, Siegle. Marriage according to the New Code of Canon Law, (New York: Society of St. Paul,
1986), 97.
37
Cf. Simpson, D.P, Latin Dictionary, 2nd edition, (New York: 1978), 138-9.
38
Thomas Aquinas, Summa Theologica, Ias-Iiae, q. 1, art. 2
therefore, refers to the unification of two deliberate and voluntary will in a unique
relationship. According to the fathers of the Second Vatican Council, “marriage is an
institution confirmed by the divine law and receives its stability from the human act by which
the partners mutually surrender themselves to each other.”39 In the same vein, the 1983 Code
of the Vatican Council gives the following explanation to consent as “that act of the will by
which a man and woman through an irrevocable covenant mutually give and accept each
other in order to establish a marriage.” (CIC/83, can.1057 §2). This view is in consonance
with that of the Pope Pius XI, which states that “a person enters marriage through the
generous surrender of his or her own person made to another for the whole span of life.” 40
Succinctly stated, marriage is thus the expression of the individual free will demonstrated in
the consent required for the union to take place.41

A cornerstone of the Church’s teaching is that “the exchange of consent between the spouses
to be the indispensable element that makes the marriage” (CF CIC/83, can.1057). In this
context, and for marriage to be considered to have taken place, proper consent is required.
According to Chime, such consent is regarded as a “human act by which the partners
mutually give themselves to each other; I take you to be my wife – I take you to be my
husband.” Such agreement to the consent must, therefore, be the expression of each
individual’s free will, devoid of intimidation or societal fear. Nothing can substitute for this
manner of consent as no marriage can be consummated without the expression of consent,
which in itself is the representation of the individual free will. 42 If such consent is not freely
given or received, Chime notes that “the Church after an examination of the situation by the
competent ecclesiastical tribunal, can declare the nullity of a marriage, that is, that the
marriage never existed.”43In this instance, the individuals involved in such marriage are,
therefore, free to re-marry since the nullified marriage was never recognized to have taken
place and has been so cancelled. What makes consent valid is that it ought to be freely-given
and deliberate. It is on this premise that the individuals giving consent are expected, also, to
be of a right frame of mind, able to make decisions on their own without extraneous
influences.44 Being able to act responsibly and with purposeful intention is thus considered

39
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
48& 49
40
Pius XI, EncylicalCastiConnubii, 543.
41
John, MCAreavey, The Cannon Law of Marriage and the Family, (Ireland: Random, 1999), 12.
42
Michael, Chime. When Marriages Fail: What Next? (Enugu: Mekanand Publications, 2017), 17-18.
43
Michael, Chime. When Marriages Fail: What Next? (Enugu: Mekanand Publications, 2017), 18.
44
Miriam, Egbuna. Enjoy your Marriage;A Hand Book for the Married and those preparing for Marriage,
(Enugu: Snaap Press, 2012), 271-2.
central to the act of giving and receiving consent. 45 One of the factors that qualifies marriage
as a juridical act is therefore regarded as consent. The Canon law explains:

“in the case of marriage, they are grouped into three: (i) legal capacity is
prejudiced by presence of a diriment impediment not yet dispensed from; (ii) the
element constituting the essence of marriage would be missing if there is lack or
defect of matrimonial consent: and (iii) the principal requirement for the
celebration of marriage would be missing in case of lack or defect of canonical
form” (CIC/83, can.124 §1).

It is important, therefore, that consent should be approved and given under legal frameworks
for the reason that it is what constitutes a marriage. 46 Three requirements are necessary before
consent can be regarded as valid. Truth is the first of these and it refers to the intellectual
aptitude of consent in the sense that the individuals involved in matrimonial proceedings
should be knowledgeable about the essential features of marriage being that of unity and
resilience (CIC/83, can.1099).

1. Also that this union “is ordered for the procreation and education of children”
(CIC/83, can.1096 §1).
2. Element of maturity. Consent, from and to both parties, should emanate from a
place of maturity in mind and in judgment (Can. 1095).
3. Exercise of free will: The giving and receiving of consent should be exercised
freely and voluntarily (Can. 1057 §1).
1.1.1.4 Essential Properties of Marriage
Saint Augustine is renowned for his postulaton on the three vital constituents of a good
marriage, which are: offspring (bonumprolis), fidelity (bonumfidei) and sacrament
(bonumsacramenti). Writing on these bona matrimonii, L. Mackin states;

“by fidelity, the spouses take care not to have intercourse with partners
outside. By the good of offspring, the spouses take care to accept children
lovingly, which implies training of children in the traditions of the church.
By the sacrament, Augustine implies the indissolubility of marriage such
that the couple takes care not to separate the marriage, and if dismissed,

45
F. Bockle, Fundamental Concept of Moral Theology, (New York: Exploration Books , 1967), 29-32.
46
Hilary Okeke, Marriage and the Family in the Light of Faith: Pastoral Letter n.111.
 not to remarry even for the sake of children”.47

On this parameters, the Code consolidates ”these three goods of marriage into” two basic
properties of marriage, whereas the properties of marriage as postulated by St. Augustine, are
harnessed into the properties as defined by the Code of the Canon Law as Unity and
Indissolubility.

1.1.1.4.1 Unity
Unity is one of the profound blessings that accompanies the marriage sacrament. 48It is a vital
component of any marriage, whether is a Christian one or not. The unity factor highlights the
fact that marriages are formed between one man and one woman only. This factor also
underscores the total self-sacrifice of the individuals to one another.49 Jesus Christ
emphasized this unity component in Christian marriages when his views were sought on the
subject of divorce in response to questions from the scribes:

“have you not read that he who made them from the beginning made them
male and female, and said, ‘for this reason a man shall leave his father
and mother and be joined to his wife, and the two shall become one flesh.’
So, they are no longer two but one flesh. What therefore God has joined
together let not man put asunder.” (Matt 19:4-6).

The subject of unity, as it pertains to marriage, is also highlighted in Genesis, the first book of
the Old Testament, wherein it stated that: "the two become one flesh” (Gen 2:24). Kasper
explains that “the act in which the bride and bridegroom give and receive each other has in
itself an inner tendency towards definitiveness and exclusiveness.”50 The onus of the
explanation provided in Genesis regarding how "the two become one flesh” does not include
the union of one man and multiple women (polygamy). This is expressly reiterated by the
Council Fathers when they noted that: “the unity of marriage, distinctly recognized by our
Lord, is made clear in the equal personal dignity which must be accorded to man and wife in
mutual and unreserved affection.”51

47
L., Mackin. Marriage in the Catholic Church: The Marital Sacrament, (New Jersey: Paulist books, 1989),
526.
48
John, Burke. Christian Marriage: Preparing for the greatest challenge in life… (Nairobi: Paulines
Publications, 2007), 35.
49
Emmanuel, Obidimma. Dissolution of Marriage under the Act and Annulment of Marriage under Canon
Law: A Distinction without a Difference. In: Family, Church & Society, Edited by M. Izunwa& R. Izunwa.
(Onitsha: Rex Charles &Patrick Ltd., 2013), 670.
50
Walter Kasper, op.cit., 45.
Though polygamy was a common practice as recorded in the Old Testament and this was
largely due to the desire by partriarchs to have large families – a practice that was accepted as
a juridical one.52 On the subject of marital love, Hilary Okeke quoting Miriam Egbuna states;

“conjugal fidelity or exclusiveness corresponds perfectly to the nature and

character of human love. Hence oneself is indivisible and unrepeatable;
for this reason, one cannot give oneself to several persons at the same
time; one can only give oneself to one person at a time. I give you myself
is an affirmation that characterizes conjugality.”53

In the context of this view, it is thus seen that a man and wife are not to include a third party
in principle and practice to partake of their vows to each other. As such, unity enhances the
ability of the couple to develop a powerful holy communion filled with love and shared
happiness. Additionally, unity promotes the purity of the marriage through shared activities
that the man and wife perform on a daily basis.54

1.1.1.4.2 Indissolubility
The indissolubility property of marriage is a vital aspect of marriages in Catholicism. It
represents the strength of the marriage sacrament in the manner in which the unity between
Christ and the church exists.55 This aspect of marriage is, nonetheless, somewhat complex for
people to comprehend in recent times just as it was difficult for the Jews in the Old
Testament to fully grasp. The concept of indissolubility in the Christian marriage means that
the bond created through the union, under Christ, can never be broken. In other words, it is
perpetual. Beal expatiates on this: “to say that marriage is indissoluble means that it is a
perpetual relationship which not only should not be terminated but cannot be terminated,
even if the couple's existential relationship is irretrievably broken.” 56 As such, a marriage
duly consented to and consummated can thus not be invalidated by the consent of either
partners or any earthly authority.

A common threat to most marriages in the modern day is divorce – an act that challenges the
51
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
49 §2

52
Anthony, Gbuji. The Pastoral Care of Marriage and Family Life in Nigeria, (Ibadan: Joja, 2006), 35.
53
Hilary Okeke, Marriage and the Family in the Light of Faith: Pastoral Letter, 245- 249.
54
E. Okonkwo, Marriage in the Christian and Igbo Traditional Context: Towards an lnculturation, (Frankfurt:
University Press, 2003), 135.
55
Bernard, Häring. Marriage in the Modern World, (U.S.A: The Newman Press, 1965), 266.
56
J.P. Beal. "Commentary on canons 1055-1062". (India: Pauline Pub., 2000), 1249.
notion of indissolubility and the sanctity of marriage. 57 It is on this premise that Jesus
anchored his teaching about the original meaning of marriage between man and wife as
ordained by God during creation; “what God has joined together let no man put asunder.” (cf.
CCC, 1614). With respect to this teaching, the indissoluble nature of marriage is established
as one that families can be created in such ways that encourages Christian values. 58 The
indissoluble property of marriage was introduced at creation: “Therefore a man leaves his
father and his mother and clings to his wife, and they become one flesh.” (Gen 2:24). This is
reiterated in Christ’s teachings (Cf. Matt 19:1-8) and that of the apostles (Cf. Eph 5:31-32). In
respect to this teachings as it was the tradition of the early Christian church, marriages were
thus indissoluble even on the grounds of adultery.59

The indissoluble property of marriage is thus affirmed through the sacrament of marriage
among Christians for whom this represents the unbreakable bond between Christ and the
church for all of eternity.60 This indissoluble feature is founded on the “personal and total
self-giving of the spouses” and in the fact that they are “no longer two but one body.” The
implication of indissolubility is highlighted in the Old Testament, which Kasper notes in the
following words:

“unity and indissolubility, already an essential part of marriage in the

reality of creation, are given an ultimate and unambiguous meaning in the
Old Testament by the insertion of the order of creation into God's plan of
salvation. God's faithfulness to his people is a constant theme throughout
the Old Testament (see, for example, Exod 34:6; Ps 99:5).”61

Therefore, it is impossible for man and wife to fully commit to one another when they
harbour thoughts of separation. By nature, human beings are attune to total self-sacrifice and
companionship. The purpose of mutual assistance and protection, especially when it is most
needed, are guaranteed only under the sort of companionship that is permanent.. The
understanding that marriage bond is unbreakable is thus a strong incentive for the couple to avail
themselves of its protection. It also gives the couple a reason to be tolerant of each other’s weaknesses
57
Philippe Cardinal Ouedraogo. The Indissolubility of Marriage: The Foundation of the Human Family in:
Christ’s New Homeland – Africa: A Contribution to the Synod on the Family by African Pastors. (San
Francisco: Ignatius Press), 69.
58
Philippe Cardinal Ouedraogo. The Indissolubility of Marriage: The Foundation of the Human Family in:
Christ’s New Homeland – Africa: A Contribution to the Synod on the Family by African Pastors, 69.
59
Philippe Cardinal Ouedraogo. The Indissolubility of Marriage: The Foundation of the Human Family in:
Christ’s New Homeland – Africa: A Contribution to the Synod on the Family by African Pastors, 69.
60
Walter Kasper, op.cit., 46.
61
Walter Kasper, op.cit., 46.
while enjoying the blessings of the union.62

In promoting the indissolubility of marriage, the church is thus upholding its sanctity and
well-being of its members and the society at large. The fathers of the Second Vatican Council
identified four reasons for the church to advocate against divorce, which are: for the good of
the couple, for the well-being of their offspring, for peace in the society, and particularly for
upholding the marriage sacrament. In understanding these four reasons, it is therefore
impossible that the union will rely on the mere decision of one or both individuals for its
termination.

It is, therefore, ironic and contradictory that marriage can be dissolved. The dissolution of
marriage is naturally opposed ot the notion of love and faithfulness. It violates the
indissoluble love that unites Christ and the church, which is at once and at the same time its
reflection and its symbol. On this subject, John Paul II notes in Familiaris Consortio;

“being entrenched in the personal and total self-giving of the couple, and
being required by the good of the children, the indissolubility of marriage
finds its ultimate truth in the plan that God has manifested in his
revelation, His will as he communicates the indissolubility of marriage as
a fruit, a sign and a requirement of the absolutely faithful love that God
has for man and that the Lord Jesus has for the Church.” 63

As already established through the arguments, it is without a doubt that every Christian
marriage is indissoluble on the premise that it cannot be nullified by either of the spouses or
by any earthly authority for that matter. However, though the sacramental nature of marriage
is so absolute that it makes the union indissoluble (Cf. CIC/83, can.1141), the value of a
ratified non-consummated marriage union can be dissolved only for the benefit of one of the
spouses (Cf. CIC/83, can.1141). There are other instances that may warrant the church
dissolving marriages such as when such dissolution is to the benefit of the Christian faith (Cf.
CIC/83, cann.1143-1150). Similarly, certain rights and privileges of Christian spouses can be
permanently abrogated for life (Cf. CIC/83, cann.1151-1155).

It is noteworthy to state here that these forms of dissolution are only feasible for marriages
that were conducted under invalid circumstances, hence the church is able to nullify them.
62
Karl, Peschke. Christian Ethics, (Bangalore: Pauline, 1992), .483-485.
63
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No. 20 § 3,
They can be nullified insomuch as they were deemed to never have actually taken place
rather than divorce as a validly contracted marriage cannot be divorced by any human or
authority on earth.

In other circumstances, however, a separation may be deemed imperative for the couple
especially in extreme cases. Nevertheless, such separation does not imply either of the
partners is able to consummate liaisons of any sort with a third party provided his/her marital
spouse is still alive. In such circumstance, the marriage is not regarded as dissolved as the
union still exists even though they are physically separated. Pope John Paul II notes the
following:

“but it is of great value to recognize and witness of spouses who, even

when abandoned by their partner, with the strength of faith and of
Christian hope have not entered into a new union, these spouses too give
an authentic witness to fidelity, of which the world today has a great need.
For this reason, they must be encouraged and helped by the pastors and
the faithful of the Church.”328

The adverse effects of a dissolution of marriage is extreme in all cases and to all parties
involved. This is especially so for the children who are often deprived access to the love and
care necessary from either or both of their parents. Besides the dire consequences of a
dissolution on the couple and their children, the society also suffers for it as it bears the
effects accommodating children that are raised in less than ideal conditions.

1.1.1.5 Ends of Christian Marriage

One of the central questions raised by the Council Fathers during their deliberations on
marriage at the Vatican Council II is that of the ends of marriage. Ends of marriage, in this
context, refers to the ideal purpose for which marriage takes place. It refers to the motives of
the couple when entering into the union. Isidore of Serville (636 AD) is remembered as the
first to create the doctrine of the ends of marriage, noting the following:

“there are three causes/reasons to take a wife. The first is for the sake of
offspring, as it is read in Genesis: ‘and he blessed them, saying: Increase
and multiply (Gen.1:28); the second reason is assistance, as it is likewise
said in Genesis: It is not good for a man to be alone; let us make him a
helpmate similar to himself (Gen.2:18); the third reason is incontinence:
 whence the apostle said that he who does not remain continent should
marry.”64

This perspective was reinforced by Saint Augustine in his three goods of marriage, which are:
bonumfidei, bonumprolis, and bonumsacramenti.65

The Church’s stand and teachings on the ends of marriage are summarized in
GuadiumetSpes. The issues revolving around the ends of marriage that were previously
unresolved on the eve of Vatican II are addressed and explained. GuadiumetSpes notes that in
its purest form, “the institution of marriage and married love (conjugal love) is ordained to
the procreation and education of the offspring and it is in them that it finds its crowning
glory.”66 It also notes the following in addition: “God is the author of marriage, he (God)
endowed it with many benefits and with various ends in view.” 67 In this instance, the Council
acknowledges that God blesses marriage with certain benefits and purposes (Cf. GS 48) and
not just the procreation of offspring.

Unlike the 1917 Code, the 1983 Code does not regard the ends of marriage in a hierarchical
fashion, hence "neither the good of the spouses nor the procreation and education of the
offspring is designated as the primary end of marriage. Instead, both are equally essential to
and inseparable in marriage."68 The covenant of conjugal love between the couple is an
expression of total commitment to each other and representative of self-sacrifice that enables
them to access the best of each other and to the benefit of their offspring. The self-sacrifice
alluded to here refers to that of the flesh and soul. By committing to one another in body and
spirit, the couple thus becomes perpetuators of God’s creative process for human life. 69 On
this basis, it can be stated that the ends of marriage are for the benefit of the couple as well as
for the procreation of offspring.

The 1917 Code acknowledges the ends of marriage in order of importance as the procreation
and education of children; while the secondary ends are that of rendering help to one another
64
Miriam, Egbuna. Enjoy Your Marriage: A Handbook for the Married and those Preparing for Marriage.
(Enugu: Snaap Press, 2012), 93.
65
Augustine, De Genesi ad Litteram, Lib. 9
66
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
48

67
United States Conference of Catholic Bishops, Marriage:http://www.usccb.org/issues-and-action/marriage-
and-family/natural-family-planning/catholic-teaching/upload/Marriage-2.pdf; accessed on March 20TH 2018
68
J.P. Beal, "Commentary on canons 11055-1062", 1243.
69
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No. 14 § 2,
by the couple. In line with the 1917 Code, it was initially understood that the primary ends of
marriage was that of procreation and education of children, which made all other ends
dependent on this very purpose. This was clearly established in the 1917 Code (Cf. CIC/17,
can.1013§1). The 1983 Code following Vatican II, however, noted matrimonium in fierias
"the marriage covenant" and matrimonium in facto esse as the "partnership of the whole of
life which is ordered by its nature to the well-being of the spouses and the procreation and
education of children, resulting from the conjugal covenant.” This partnership of the whole of
life, as described in the 1983 Code, is intended for the ultimate pleasure of the couple and the
procreation and upbringing of children is a richer understanding of matrimonium in facto
esse.70This is contrary to the perspective of the 1917 Code, which spells out
procreation and providing help as primary and secondary ends that makes it seem as
though procreation of children ultimately defined marriages as an end subordinate to the
primary end (Cf. CIC/83, can.1055 §1).

1.1.1.5.1 The Good of the Spouses.

In its pure and original form, marriage is intended towards the benefit of the couple and for
the upbringing of their children in a Christian way.71 The ultimate gift of human existence is
that of salvation and in marriage, the ultimate good is the gift of children. Both gifts are from
the Creator. Contrary to the 1983 Code, the 1917 Code stated "mutual assistance and the
remedy of concupiscence" as the secondary end of marriage (Cf. CIC/83, can.1013§1). The
phrase "the good of the spouses" gives a better explanation as to why the bond of marriage is
eternal by its nature and independent of human decision (Cf. GS, 48 §1). The marriage
covenant is the means through which the couple enter into a union that enables them commit
to one another for the purpose of sharing the benefits of humanity. These benefits are not
limited to sexual and physical acts but also to spiritual blessings that are unique to each
individual, enabling them to maximize each other’s potential in life. The good of the couple
places an emphasis on the union between the man and his wife. It is particularly concerned in
their personal satisfaction. The 1983 Code makes an emphasis on this as opposed to that of
procreation highlighted in the 1917 Code.

The conjugal love exists to enhance the complementariness of the couple. The conjugal love
ensures that the couple desire one another and work towards satisfying the desires of the
other. It consists of an intimate companionship and partaking of life’s experiences.

70
J.P. Beal, "Commentary on canons 1055-1062", 1241.
71
John, Burke. Catholic Marriage, (Scamps Publication, 1999), 19.
The good of the couple is an evidence of the conjugal love between them. Pope Pius XI
explains that the conjugal love among couples is a driving force that pushes them towards
helping each other attain perfection (CC, 548). It is through this love and the union of hearts
that the couple harnesses their spiritual and material gifts towards the benefit of the
other.Driven by the conjugal love and marriage bond, the spouses learn tolerance,
understanding, sustenance, forgiveness, acceptance and assisting one another spiritually and
materially.

It should be acknowledged, too, that God purposed for marital relationships to be of a

complementary kind. Hence God declared; "it is not good for man to be alone" (Gen 2:18).
For this reason God created woman to provide companionship to the man within the confines
of marriage. It is on this premise that the man leaves his mother and father to cling unto his
wife so that the two can become one in flesh and in spirit. So that through their commitment
to one another, they are able to attain the good promised to them by God. It should be noted
here that the good described here is not the type that is available to just anybody; rather, it is
exclusively reserved to the couple under the bonds of marriage.72

It is noteworthy to state here that it is in the best interest of the couple to have as their
intention from the beginning the plan to give and accept of each other the rights to a loving
union, otherwise it should be regarded as flawed.73 Though conjugal love may not be present
at the beginning of the marriage, it is nevertheless expected to grow just as the marriage
progresses.74 The good of spouses is one that blesses the union with the sacrament of
marriage (Cf. FC, 14 §4). This very fact was observed by Pope John Paul II, noting that the
good of spouses is an end of marriage in itself. For this, the good of the spouses is “the sum
of all goods which flow from the interpersonal relationship of the spouses. The good of the
spouses is an anchor to the promotion of the spiritual, intellectual, physical, moral, and
social good of the spouses without reservations.”75

1.1.1.5.2 Procreation and Education of Children

The Catholic Church’s position on the procreation and education of children is very clear.
These twin responsibilities are regarded with utmost importance as benefits of marriage. The
Fathers of Vatican II Council were deliberate not to regard marriage in the hierarchical
72
J.P. Beal, "Commentary on canons 1055-1062", 1055.
73
J.P. Beal. "Commentary on canons 1055-1062," 1244-1245.
74
O. Taylor- E. de Bekker, op.cit., 2-3.
75
G. Willmann, The Sacrament of Marriage,:frgeorgewillmann.org/v3/wp-content/uploads/2011/09/Sacrament-
of-marriage.pdf, accessed on March 20th 2018
contexts of primary and secondary ends. Rather, they noted that “by its very nature, the
institution of marriage and married love are ordered to the procreation and education of the
offspring and it is in them that they find its crowning glory.” 76 This viewpoint highlights the
fact that having children is not the primary end of a marriage; rather, the act of procreation
and having children is a consequence of the conjugal love of marriage.77

In Igbo traditional marriage, the act of procreation is in itself the primary end of a union,
failing which a marriage is regarded as invalid. Marriage is seen as a process through which
children are brought into the world, thus fulfilling the cultural and religious obligations of the
family. Though modernization often influences the Igbo worldview in this regard as couples
now have smaller families as opposed to larger ones in the olden days, procreation is
nevertheless still regarded as a necessary end of marriage. This is because the procreation of
children enhances the indissolubility of marriage and at the same time increasing the glory
upon the union.78 It is for this reason that a barren woman is regarded with little or no
relevance in the family and the marriage, thus, has a great chance of being dissolved.

Rather unfortunately, there are families who are only concerned with bringing forth children
and not so much the act of raising them in the proper way with the necessary tools they need
to sustain life. In the traditional Igbo society, education is regarded with levity, expressed in
statements like: obughimmaduna-azunwa o bu china-azu, (Upbringing or education of
children is a duty of the gods, not the human person), otuonyeanaghiazunwa; nwabunwaoha
(children belong to the society, not one person and one person does not care for the training
of a child rather it’s a community matter) etc. On the basis of such statements as these,
personal responsibility and obligation towards the education and upbringing of the child is
neglected due to the belief that child upbringing is a responsibility of the gods and that of the
community. And in such instance whereby a child turns out badly, it is considered that he/she
is destined to have an ill fate in life.

The act of procreation and child upbringing, including their education, are seen as vital
responsibilities of marriage and the fulfilment of the divine order: “be fruitful and multiply.”
The act of procreation transcends merely having children. It implies, also, that the education

76
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
48 §1

77
B.K., Nwakonobi, Igbo System of Kinship and Family, (Port Harcourt: University Press, 1989), 165.
78
Miriam, Egbuna. Enjoy your Marriage: A Hand Book for the Married and those preparing for Marriage,
(Enugu: Snaap Press, 2012), 228.
of children and their empowerment from infancy into adulthood are necessary phenomena.
As such, human sexuality is dynamic and all-encompassing and not merely restricted to
sexual acts. Thus, procreation is seen not merely as a biological process but a holistic one.
This very fact was noted by John Paul II:

“consequently, sexuality, by means of which man and woman give

themselves to each other through the acts which are proper and exclusive
to spouses, is by no means something purely biological, but concerns the
innermost being of the human person as such [...]. This fertility is directed
to the generation of a human being, and so by its nature, it surpasses the
purely biological order and involves a whole series of personal values.”79

Even though procreation is an important aspect of marriage, it is important, also, to

emphasize that their upbringing is just as essential to the success of the family. The objective
of educating and raising children in the proper way is to ensure that they are empowered to
the extent that they can share the good of their own self with one another. It is only when this
is accomplished that it could be said that the act of procreation is a complete one. As such,
the good of the spouses is understood to include procreation and upbringing of children,
which is seen as one and the same. Through the act of procreation and upbringing of children,
the couple is able to accomplish their obligation as given to them by God and also extend the
manifestation of their own spiritual essence on earth. Parents are saddled with the obligation
and the right "to ensure their children's physical, social, cultural, moral, and religious
upbringing” (Cf. CIC/83, can.1136). Children ought to be regarded and treated with special
care and in a moral way that ensures they are good members of the society.

The Council Fathers, in the Declaration on Christian Education, enjoined parents to educate
their children appropriately. They noted the following:

“as it is the parents who have given life to their children, on them lay the
gravest obligation of educating their family. They must, therefore, be
recognized as being primarily and principally responsible for their
education. The role of parents in education is of such importance that it is
almost impossible to provide an adequate substitute. It is, therefore, the
duty of parents to create a family atmosphere inspired by love and
79
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No. 11 § 5 &6,
 devotion to God and their fellow-men which will promote an integrated,
personal and social education of their children.”80

Even though the 1917 Code was emphatic on the need for parents to have their children
educated in Catholic schools, forbidding them from non-Catholic schools, the 1983
Code made no reference to such emphasis. Instead, the new code emphasized that
parents should ensure their children were educated and to complement their Catholic
teaching wherever it was deemed necessary. This is because in the words of Pope John
Paul II; “the right of parents to educate the children is not just essential but
irreplaceable and inalienable.”81

In the upbringing of children, education should not be limited to merely formal and
academic teachings; rather, parents ought to ensure that their children are imparted with
life skills and education of a social and moral kind that would make them complete
members of the society.82 Beginning from their formative years, children should be
instilled with knowledge and love for God and taught to have regard for society well-
being. This is particularly important in a society rife with conflicts and social disorder.
By endowing children with positive traits, they become good members of the society
and of the Church.

Educating children is a key obligation for spouses. Having children and educating them
is a hallmark of their conjugal love. By having carnal knowledge of one another, the
couple are able to partake in one of the good gifts of the union, possible only through
the marriage sacrament.

Here the Church speaks of openness to life (bonumprolis). What this means is the right
of access to one’s spouse’s power of procreation. A distinction should be established
here on the subject of procreation. Though the access to life through sexual intercourse
is an obligation reserved for the couple, the actual procreation is God’s work. Thus the
openness to life through intercourse is an act of cooperation with God in the process of
creation. As such, the failure on either part of the couple to fulfil this obligation, even

Second Vatican Council, Decl. GravissimumEducationis, 28 October 1965, No. 3 §1, AAS 58-81 1966, in:
80

Austin Flannery (Ed.): Vatican Council 11. The Conciliar and Post Conciliar Documents. New Revised Edition,
Minnesota 1996
81
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No. 36

82
Miriam, Egbuna. Enjoy your Marriage; A Hand Book for the Married and those preparing for Marriage,
(Enugu: Snaap Press, 2012), 233.
on the basis of sterility, does not in any way invalidate the marriage (Cf. CIC/83,
can.1084). The need for openness to life is the reason the Catholic church forbids the
use of contraceptives by married couples as they are regarded as third parties in the
union, making procreation impossible.

Having children in a marriage symbolizes the manifestation and testimony of the

conjugal union between the man and his wife. This is because children are a vital aspect
to the good of the couple. 83
Having children should always be regarded as a vital
reason for the marriage. This is necessary as it helps the couple mend their differences
whenever they occur, given that the children are seen as a reason for the existence of
the union.

1.1.2 Encyclical Letter; Casti Connubii of Pius XI

During the papacy of Pope Pius XI, another milestone was achieved in the affairs of marriage
and family values. Arguably the most notable achievement of Pius XI in the domain of
marriage preparation was the introduction of his encyclical letter CastiConnubii of 31st
December 1930. The pope complained on the challenges facing marriages and family values,
which was brought about by the perversion of the faith as it concerns marriages, noting that
such pervasive acts were becoming prevalent in the church.84

Due to the Pope’s concern for good marriages and families, the encyclical CastiConnubii
made vital contributions and improvements to the preparation of marriages for intending
couples as well as helping steady the union between married couples and families generally.
Particularly, the Pope admonished couples to steer away from vices that threaten marriage
and family values such as the use of contraceptives, abortion, sterilization, adultery,
cohabitation, trial marriages, and divorce.

In addressing these issues facing marriages, Pope Pius XI directed that it was necessary to for
intending couples to be adequately prepared for marriage. Such preparation were split into
two phases: the remote phase and the proximate phase. The Pople instructed that the remote
phase should commence from childhood – a period when family and Christian values are
instilled in children. He noted that this was necessary as what makes or mars a marriage are

83
Miriam, Egbuna. Enjoy your Marriage;A Hand Book for the Married and those preparing for Marriage, 229.
84
Pius XI, Enc. CastiConnubii, 31 December 1930, no.581, AAS 22(1930), 539-592
the values that are inculcated in individuals from the period of their formative years, which
they carry on into their later adult lives and into marriages.85 (Cf. CC, 584). The rationale for
the remote phase of preparation is to ensure that the right values and attitudes are instilled in
individuals long before they reach the age of marriage, thus enabling them to contribute
positively to the union and to the building of good families. Pope Pius XI wrote:

“those who are about to enter into married life should be well disposed
and well prepared, so that they will be able, as far as they can, to help
each other in sustaining the vicissitudes of life, and yet more in attending
to their eternal salvation and informing the inner man unto the fullness of
the age of Christ.”86 (Cf. CC, 581).

The Pope’s directive on the need for moral education is quite apt to avert the cultivation of
bad behaviours and vices that could be inimical to the growth of children and an impediment
to their adult family lives. Thus, the importance of parents nurturing their children on the
right path cannot be overemphasized. The right values that individuals need in their adult
lives can only be instilled at the family level when children are still in their formative years.

In the process of instilling the right attitudes and values in children from their
infancy, Pope Pius XI noted the following:

“the inclinations of the will, if they are bad, must be repressed from
childhood while the good must be fostered, and the mind, particularly of
children, should be imbued with doctrines which begin with God, while
the heart should be strengthened with the aid of divine grace, in the
absence of which, no one can curb evil desires, nor can his discipline and
formation be brought to complete perfection by the Church. For Christ
has provided her with heavenly doctrines and divine sacraments, that he
might make her an effectual teacher of men”.87

While the Pope’s admonition provides a guide for character building in children, its
importance is in its use to develop the right values through appropriate action. Catholic
organizations such as the Catholic Women Organization (CWO), Catholic Men Organisation
(CMO) and the Catholic Youth Organisation (CYON), are such bodies that were created for

85
Cf. Pius XI, Enc. CastiConnubii, no.584
86
Pius XI, Enc. CastiConnubii, no. 581
87
Pius XI, Casti Connubii, p.585 quoting Pope Pius XI, Ene. Divim illius Magistri, 31 Dec. 1929, 69.
this very purpose.

As for the proximate phase of marriage preparation, Pope Pius XI notes that having a choice
of a partner precedes this phase and marks the period when it begins. As such the Pope
advised that intending couples should observe the following guides in preparation for this
phase:

 Keep before their minds the thought first of God and of true religion of Christ. In
making this choice, the prospective partners should pray diligently for divine help so
that their choice will be in accordance with Christian prudence, not indeed led by the
blind and unrestrained impulse of lust, nor by any quest for wealth, rather by an
upright love and a sincere affection for the would-be partner.

 Bond between themselves, their partner, and children to come.

 Good of human and civil society, for which wedlock is a fountainhead.88

Pope Pius XI further advised for the restoration of the family essence to that which God
willed during creation, which was providing Eve to be helpmate for Adam as a better half and
partner. The pope further advised that churches should dedicate special attention to marriage
preparations, and to the state, he advised that they should develop family-friendly policies
that would enhance their well-being.89(Cf. CC, 587). This admonition includes stakeholders in
the society whose influences can advance laws, bills, or decisions that enhance family and
matrimonial values. This is because state involvement is necessary towards producing
specific results, particularly in the modern day where the use of contraceptives, legalized
abortion and same-sex marriages are prevalent.

1.1.3 Pastoral Constitution on the Church in the Modern World (Gaudium et Spes)

GaudiumetSpes can be described as the Magna Carta for Christian anthropology. In a way, it
provides a summary of the church’s position on marriage and how it ought to be constituted.
The Council Fathers specifically dedicated six paragraphs of the Pastoral Constitution on the
Church in the Modern World to marriage (47 to 52)wherein they provided a thorough treatise on the
theology of marriage as an institution established on the creation of man and woman and as the
embodiment of God’s love and covenant to humanity.

88
Pius XI, Ene. Divim illius Magistri, 31 Dec. 1929, 69.
89
Pius XI, Enc. CastiConnubii, no. 587
Prior to the Gaudium et Spes document, the Dogmatic Constitution on the Church, known as Lumen
Gentium, provided the context for the Council's approach to Christian marriage, particularly as it
concerns the vocation of the married couple to a life of holiness.90 Regardless,, the fathers of the
Council provided a personal approach to marriage in the Gaudium et Spes. This aspect is made
obviousin the Council's treatment of marriage as an intimate sharing of spousal life and love. Herein
the Council Fathers were emphatic on the importance of conjugal love.91

It perceives marriage as a freely-chosen, lifelong bonding of equal partners. In this way, it regards
love, rather than law, as the norm for the union and the growing spiritual life of husband and wife as
an objective which is regarded with utmost importance as the biological life of the children. The
document acknowledges the spouse's love as the objective of the marital relationship. Thus it is a love
that is God-given and it secures its stability by the conjugal act of mutual self-giving. 92

The Council Fathers also note on the subject of marriage preparation that “it is imperative to give
suitable and timely instruction to young people in the heart of their own families, regarding the
dignity of marriage and love.”93

The Fathers noted that modernizationand its attendant industrialization, coupled with
materialism, have influenced marriage institution, consequently leading to broken homes and
widespread irresponsibility in families to the extent that we are called back to the drawing
board in order to rescue the marriage institution from wanton destruction. As such,the
Council Fathers note, in paragraph 52, the importance of education for children and
underscores parents and schools’ responsibilities in preparing young people to married state
thus:

“the education of children should be such that when they grow up they
will be able to follow their vocation [...] and choose their state of life with
full consciousness of responsibility; and if they marry, they should be
capable of setting up a family in favourable moral, social and economic

90
Second Vatican Council, Dogmatic Constitution on the Church ; Lumen Gentium 21 November 1964, II §2,
AAS 57(1966) in: Austin Flannery (Ed.): Vatican Council 11. The Conciliar and Post Conciliar Documents.
New Revised Edition, Minnesota
91
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
48

92
T.A, Salzman,et al, eds; Marriage In the Catholic Tradition- Scripture, Tradition. and Experience, (New
York: Paulist Press, 2004), 113.
93
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
49 § 3
 circumstances. It is the duty of parents and teachers to guide young people
with prudent advice in the establishment of a family; their interest should
make young people listen to them eagerly; and they should beware of
exercising any undue influence, directly or indirectly, to force them into
marriage or compel them in their choice of partner.”94

This advice by the Fathers of the Council was instituted in the 1983 Code of the Canon Law,
admonishing the ecclesial community, particularly individual families, to dedicate time
towards the upbringing of children on the sacrament of matrimony. Contrary to the the 1917
Code, which reserves this responsibility to priests (Cf. can.1018), the 1983 Code enjoins the
entire ecclesial community to this noble duty of upbringing young ones in preparation for
marriage (Cf. can.1063). Parents are, particularly, advised to provide moral examples and
instructions on the subject of chastity with respect to conjugal love. In this manner, children
are empowered with appropriate knowledge on sexual matters to the extent that they are able
to navigate the social world without being ensnared in its vices.95

In addition, this admonition includes those who are saddled with power or influence within
the society on mattes bordering on the welfare of children, marriage and the family, to avail
themselves diligently towards this cause. Some degree of attention is given to civil legislature
to exert a sacred duty in recognition of family and marital values for the purpose of prooting,
protecting and establishing them in public moral domains, thereby encouraging familial
bonds (Cf. GS 52 § 2). Having outlined the duty of all who exercise influence in the
community and that of Civil authority to promote the values of marriage and the family,
attention is drawn to experts in other sciences, most especially biology, medicine, social
sciences and psychology to be of help to the welfare of marriage and the family and the peace
of mind of people, if by pooling their findings they try to clarify thoroughly the different
conditions favouring the proper regulations of births (Cf. GS 52 § 4). Likewise, they are
enjoined to discourage those principles that do not support life as they have a responsibility
for the preservation of it.

The Council Fathers also emphasized the need for proper training of priests to ensure that
they are capable in pastoral services to handle marital and family issues and help nurture the
94
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
52 §1

95
B., Haring, “Fostering the Nobility of Marriage and the Family”, in: H., Vorgrimler. eds; Commentary on the
Documents of Vatican ll, (New York: Paulist Press, 1969), 239.
vocation of married people in their married and family life by the preaching of the word of
God, by liturgy, and other spiritual assistance. They should also sympathetically and patiently
strengthen them in their difficulties and comfort them in charity with a view to the formation
of truly radiant families (Cf. GS 52 § 5).

This admonition includes agencies such as family associations who are encouraged to promote
their programs of instruction and activities to empower young people, particularly young
married couples, and to prepare them for family, social and apostolic life in the community
(Cf. GS 52 § 6).

The Council Fathers call married couples to a life of sincerity regarding their marital vows.
Marriage becomes easier and more transparent when the partners embrace openness towards
each other.. Thus the council fathers state:

“married people should realize that in their behaviour that they may not
simply follow their own fancy but must be ruled by conscience – and
conscience ought to be in accord with the law of God and the teaching
authority of the Church, which is the authentic interpreter of divine
law. For the divine law throws light on the meaning of married love,
protects it, and leads it to truly human fulfilment.”96

Lastly, the Council Fathers tasked married couples to become witnesses to Christ by living
out their conjugal love in order that, by their acts, they may bear witness by their faithful
sacrifices for love in union with the mystery of love that the Lord revealed to the world
through his death and resurrection (Cf. GS 52 § 7). This is a call to live out the marriage
vocation in society at large. Married couples are called to live out the sacrament of the
married life in their responsibilities towards each other, and to the society and the Church.

1.1.4 Pope John Paul II's Apostolic Exhortation, Familiaris Consortio

FamiliarisConsortio is an Apostolic Exhortation chronicled by His Holiness Pope John Paul

II and published on 22 November 1981. The published work is a documentation of his
meditations on the ideals of the Christian Home or family, and the seed of the Synod of

96
Cf. Second Vatican Council, Pastoral Constitution on the Church in the Modern World, Gaudium et Spes, No.
50a
Bishops, that was held in Rome from 26th September to 25th October of 1980. The main
focus and theme of this Synod was "The task of the Christian family in the world today."97

Besides other considerations, the FamiliarisConsortio states the Catholic Church’s position
on the duties, goals, and meaning of family and marital relationships, while highlighting the
obstacles to attaining this ideal. The publication describes marriage as “one of the most
precious and most urgent tasks of Christian couples in our time.” 98 (Cf. FC 20) as “the
foundation of the wider community of the family, since the very institution of marriage and
conjugal love are ordained to the procreation and education of children, in whom they find
their crowning.”99(Cf. FC 14).

It also emphasized the importance of marriage preparations while encouraging its

implementation. The Pope, however, laments the neglect of pastors in the preparations of
young couples for marriage. He noted that this negligence of pastors has affected marital and
family lives negatively. Due to the importance of the roles that the church and family play in
preparing couples for marriage, poor preparation, including the neglect of pastors, often
results in many failed marriages. It is on this premise that the Pope advises Christians in the
following:

“more than ever necessary in our times is the responsibility of

preparing young people for marital and family life. But the changes
that have taken place within almost all modern societies demand that
not only the family but also society and the Church should be
involved in the effort of properly preparing young people for their
future responsibilities. Many negative phenomena which are today
noted with regret in family life derive from the fact that, in the new
situations, young people not only lose sight of the correct hierarchy of
values but, since they no longer have certain criteria of behaviour,
they do not know how to face and deal with new difficulties[…].
Young people who have been well prepared for family life generally
succeed better than others.”100
97
https://www.um.edu.mt/library/oar/bitstream/handle/123456789/32712/An_introduction_to
%20_familiaris_consortio.pdf?sequence=1&isAllowed=y Accessed on 25-03-2019
98
John Paul II, Apostolic Exhortation, FamiliarisConsortio,No. 20
99
John Paul II, Apostolic Exhortation, Familiaris Consortio,No.14
100
John Paul II, Apostolic Exhortation, Familiaris Consortio,No.66
As such, the Church is expected to develop and promote intensive programmes for marriage
preparation in order to alleviate difficulties and challenges married couples typically
encounter. The objective of this is to enhance the building of successful marriages and
families in the society.

From the forgoing, marriage preparation should thus be regarded as an ongoing process that
starts during childhood up until the wedding takes place. The preparation includes three
stages, “remote, proximate and immediate preparation.” (FamiliarisConsortio 66.) Remote
preparation is the first phase of preparation that begins in early childhood. The family is at
the core of the individual’s training during this phase. During the phase of remote
preparation, the child’s parents (or guardians) have a great degree of responsibility towards
their upbringing to enable them capable of handling family life and responsibilities in the
future. It is during this stage that individual characters, attitudes, and spiritual values are
formed and shaped.

The proximate preparation is the second phase of preparation for marriage. It prepares the
couple for the marriage sacrament, which involves religious matters and detailing of the
union as an interpersonal relationship between the two partners. Quite a number of aspects of
marital life are shared with the intending couple at this stage, including especially conjugal
spirituality, responsible parenthood, methods of education of children, proper home
management, etc. Finally, the immediate preparation forms the third stage of preparation. In
clear terms, this is referred to as the preparation for the celebration of the sacrament, which
occurs weeks preceding the wedding.

The Pope advised that it is necessary for families to have a continuous pastoral care even
after these three stages of preparation for marital and family life. On this aspect the Pope
notes:

“the pastoral care of the regularly established family signifies, in practice,

the commitment of all members of the local ecclesial community to
helping the couple discover and live their new vocation and mission [...] it
is necessary that all members should be helped and trained in their
responsibilities as they face the new problems that arise, in mutual
service, and in active sharing in family life.”101

101
John Paul II, Apostolic Exhortation, Familiaris Consortio,No.69
The Pope stressed that marriage remains a focal point for building families, pointing out that
the trend whereby some people choose to raise families outside the bonds of marriage is a
threat to marriage as ordained by God. This is a particularly common phenomenon in what he
described as “aberrations” in the society such as single parenthood, free unions, and same-sex
unions. “The root of these negative phenomena in the world today frequently lies a corruption
of the idea and experience of freedom, realized not as a capacity to know the truth of God's
plan for marriage and the family, but as an autonomous power of self-affirmation, often
against others, for one's own selfish well-being.” 102

In order to protect the harmony within the church and the society, the Pope tasked both
institutions to protect the foundations of the family as it ought to be in the traditional
Christian sense. The church teaches that “from a valid marriage there arises between the
spouses a bond which of its own nature is permanent and exclusive.” Moreover, in Christian
marriage, the spouses are by a special sacrament strengthened and, as it were, consecrated for
the duties and dignity of their state.” (Cf. CIC/83, can.1134). According to the plan of God
as Pope John Paul II states;

“marriage is the foundation of the wider community of the family, since

the very institution of marriage and conjugal love are ordained to the
procreation and education of children, in whom they find their crowning
glory, spouses are to see that families are unto the service of the wider
society.”103

1.1.5 2014/2015 Synod of Bishops on Marriage and Family Life

The 1980 Synod of Bishops commenced its work on 26 September and was officially
concluded on 25 October 1980. There were changes in the exact formation of the theme for
the 1980 Synod under three Popes - beginning from De Familia in MundoHodierno of Paul
VI to De Familia Christiana of John Paul I and finally to De MuneribusFamiliaeChristianae
in MundoHodiernoof John Paul II.104 It is noteworthy to state that the modifications in the
titles implies a shift, also, in emphasis. Though the 1980 Synod was dedicated to “the role of
the Christian Family in the Modern World,” it was, in addition, tasked with grappling with

John Paul II, Apostolic Exhortation, Familiaris Consortio,No.6,

102

John Paul II, Apostolic Exhortation, Familiaris Consortio,No.14

103

104
J. Grootaers, et.al, The 1980 Synod of Bishops on the Role of the Family, (Leuven, 1983), 70.
the pastoral issues about the lived experiences of marriage. The major concern for John Paul
II in reshaping this title was not to bring forth the questions of conjugal morality; instead his
utmost concern was in the valorization of the Christian family as ecclesia domestica in order
to lend credence for the future of Christianity and to compensate for the languishing of other
supportive structures.105

The exact formulation of the theme for the 1980 Synod of Bishops passed through
meaningful changes under three Popes. The first was during the meeting of the Concilium of
the Secretariat for the Synod on May 18, 1978, and it was suggested that the theme should be
"The Family in the Modern World." The proposal was accepted by Pope Paul VI. On
September 26, 1978, another proposal with the theme "The Christian Family" was approved
by Pope John Paul I1 two days before his sudden demise. On 17 November 1978, the
suggested theme was, again, approved by Pope John Paul II and was renamed with the title
"The Role of the Christian Family in the Modern World."

To conclude this chapter, it should be noted that marital life is a vital part of human’s earthly
existence, which is an imperative for couples living in line with God’s purpose. Therefore,
living in line with such divine plan is to the benefit of the couple, their offspring and the
general society as it is attached with spiritual and personal fulfilments. As such, striving to
attain the standard set by God for marriages is important. This is particularly imperative
given that sacramental marriages are ordained with the grace of God to enable married
couples thrive in the face of challenges.

In addition, marriages require from the individual parties a deliberate and personal
commitment, enabled by their free will for consent and the consummation of a Catholic
marriage. Consent, however, can only be validated in a Catholic marriage when it is
conducted in canonical form – a requirement of the Catholic Church for faithful even when
only one of the intending couple is a Catholic.

To note here, the position of the Catholic Church on marriage, as discussed in this paper, is
accessible to every Christian couple – both intending and already married – in order that they
may enjoy the benefits of marital life for their union and their family. These teachings are
applicable to the two cornerstones of Christian marriage, namely: unity and indissolubility. It
is within this divine framework of personal dedication between two persons and an

105
J.,Grootaers, et.al, The 1980 Synod of Bishops on the Role of the Family, 70.
acceptance of God’s eternal law on the unity and indissolubility of the marriage bond that the
relationship, which we call marriage, has the opportunity to grow and develop.

In conclusion, it is essential that every intending couple within the Catholic Church are to be
investigated even though they may present flawless appearances. This is necessary to
guarantee that problems previously undiscovered would not spring up in the future, which
may invalidate such marriage.

1.1.6 Pope Francis’ Teaching on Marriage in Amoris Laetitia

Pope Frances shared his insight into the joy and dignity of human love in the Apostolic
Exhortation, Amoris Laetitia, —writing on topics such as the Church’s teaching on marriage
and family, the education of children, and pastoral strategies for marriage preparation. Amoris
Laetitia (The Joy of Love) is a Post-Synodal Apostolic Exhortation by Pope Francis that
addresses the pastoral care of families.

This document generated varied perspectives and discussions among scholars and writers on
the actual stand of the Exhortation on the church’s teaching on marriage. Some commentators
are of the notion that it slightly deviated from the traditional teaching of the church on
marriage. In contrast, “this exhortation is of great importance for the understanding and the
teaching of the church's vision for marriage and family life and its pastoral application in our
contemporary society and culture.”106 It is a gift to a deep understanding of marriage.
Corroborating this position, Merecki, citing the opinion of Kasper states “ Amoris Laetitia
does not give up one iota of the traditional teaching of the church. But at the same time, this
document changes everything because it puts it in total new perspective.” 107 It is replete with
pastoral and practical insights on the subject of marriage. The pastoral implications of the
exhortation cannot be overemphasized. Less on doctrinal issues, but full-on pastoral heritage,
which offers much as the world grapples with the challenges facing families.

Amoris Laetitia contains nine chapters, beginning with an extensive exploration of current
challenges and concluding with a spiritual examination of marriage and the family. Pope
Francis also describes the real challenges families grapple with and issues that impact them.
These include the ideology of gender, migration, the effect of an anti-birth mentality,

106
Archdiocese of Washington, Reflections on Amoris Laetitia
https://adw.org/wp-content/uploads/sites/2/2018/05/16-Reflections-on-Amoris-Laetitia-FINAL012317.pdf
accessed on 27th August 2019
107
J. Merecki, Notes on Some Interpretations of Amoris Laetitia, In, Indian Journal of Family Studies,
Vol.18,NO:1 March; 2017.( Kerala: Cana Publications),26
unemployment, homelessness, the effect of biotechnology on reproduction, pornography,
disrespect for elders, divorce, and domestic violence. The Pope also noted that “through the
call and the demand of the spirit… the church can be guided to a more profound
understanding of the mystery of marriage and the family.” On the contrary,, we may not
fully understand the spirit if we ignore reality. Another issue in marriage is individualism – a
concept that may make it challenging for one person to commit totally to the other. This is
expressed as the fear of loneliness or commitment that could impact on self-actualization. In
the practical sense, “marriage is a dynamic path to personal development and fulfilment.”

Pope Francis stressed on “the urgency of a serious path of preparation for Christian
marriage.” This path requires that the intending couple are adequately prepared for marriage,
not though just a few sessions of meeting but prior to the celebration of matrimony alone, but
must continue for a minimum of one year into the marriage. The reason for this is due to the
complex problems and challenges that families are faced with, requiring enormous effort
from those of the Christian community to assist intending couples prepare adequately (AL
206). Marriage is affirmed by the Catholic Church as an indissoluble union anchored on
fidelity, fruitfulness, freedom, and totality. Marriage is not just a convenient partnership or
relationship with someone who makes you happy, or a public display of love, even though it
may include such things. The Church teaches that marriage is a sacrament administered by
man and wife, witnessed by the Church community, and blessed by God. Marriage is a
serious and joyful endeavour, sanctifying the undertaking “until death do us part” (cf. AL
214). This discourse in the light of Amoris Laetitia reflects briefly on the role of parish
families in this preparation, and because marriage preparation is ‘just the beginning’
(AL218), as the Holy Father posits, it also considers how we continue to accompany and
support couples throughout their marriage and family life, helping them “to keep dancing
towards the future with immense hope.” (AL219).

Children are inculcated with a diverse range of values from their environment, beginning
from their early years and into adulthood. As such, the family is a key agency for helping
them prepare for marriage. Children must learn to grow in love and learn to love from a
young age. This is the foundation for a successful marriage. The uniqueness of each child and
their talents are nurtured from within the family as they grow. Being able to decide their
course in life as well as their career are influenced by the family environment. Pope Francis
reemphasizes marriage preparation previously discussed by Pope John in his
FamiliarisConsortsio. He acknowledges that marriage preparation begins from birth. On this
basis, Pope Francis says, “Learning to love someone does not happen automatically, nor can
it be taught in a workshop just prior to the celebration of marriage.”( AL208) The act of
loving is a lifelong process that must be accomplished every day. As couples prepare for their
marriage, Pope Francis advises that churches should not burden them with every single
Catholic Church resource. Because the time of preparing for marriage is generally short, the
Holy Father advises exchanging quality information — such as the basic aspects of marriage,
church teachings, and a basic understanding of the kerygma or redemption narrative. (cf. AL
207). Though marriage preparation should be detailed and incisive on the most important
aspects, it can, however, not be perfect. Preparation for marriage should be much more than a
standard church assessment plan, conference, school, or event. Formal planning for marriage
will help partners understand the value of the vocation of marriage and set their sights on the
future they will make together as "one." Pope Francis notes, the rite is not "the end of the
road," but a necessary part of the sacrament. (cf. AL 211). Pope Francis also tasked priests to
empower couples with the tools they need to overcome difficult moments as they are to help
the couples handle the wedding ceremony as a platform projecting them into their lifelong
journey. (cf. AL 210). The challenge for the preparation of marriage is no more important
than in modern times, for intending couples as well as for priests. Obasi states: “there is an
obligation on the pastors of souls to ensure that the persons intending to marry are well
prepared.”108

Also, marriage preparation should be a joyful process. There is a dearth of good and joyful
marriages devoid of strife in the world today as most are often lifeless and with rancour. Pope
Francis, therefore, admonishes intending couples to cultivate a joyful attitude that opens them
up to the beauty of marriage during the courtship phase. He noted, also, that prayer is equally
essential during this stage (cf. AL 216). The Pope observed that prayer is essential not just to
marriage but to any endeavour for that matter. Prayer has two basic dimensions, namely: the
personal one and the communal one. The communal one, which is the type of prayer that the
couple engages in, strengthens their bond with each other.

The Pope also advised couples to focus more on improving their relationship with Christ as
they prepare for their marriage and not to be too consumed with the actual planning and
material affairs. This is due to the fact that marriage is a sacrament, which makes it

C. Obasi, The Basic Principle of Canon Law, Texts and Commentaries (Owerri: Living Flames
108

Resources;2011),145
,
imperative for the couple to adapt themselves to the essential things that constitutes a good
marriage.

Finally, as intending couples enter into marriage preparation, their families and the parish
community should support them. Pope Francis notes that the path of marriage is a “real
journey that involves not just the couples themselves but also the parish communities to
which they belong to. As a matter of fact, the program enjoins families and parish
communities to be knowledgeable about the importance of making a concrete testimony of
what the sacramental marriage means. This testimony helps intending couples to understand
what God and the Church want for them, adding that the parish communities can assist them
in preparing for their marriage by exposing them to knowledge and encouraging them
through love and support. He adds that the best way of preparing for a good marriage is to be
able to live in each moment as it comes (AL219). This, according to Pope Francis, is because
everyone has a role to play in the preparation process, which he “reminds married couples
that a good marriage is a dynamic process and that each side has to put up with the
imperfections.”109

J. Martin, Top 10takeaways from Amoris Laetitia, https://www.americamagazine.org/Faith/2016/04/08/top-

109

10-takeaway/pdf. Accessed on 29th August 2019