impediment

impediment (im-ped-[schwa]-m[schwa]nt). A hindrance or obstruction; esp., some fact (such as legal minority) that bars a marriage if known beforehand and, if discovered after the ceremony, renders the marriage void or voidable.

canonical impediment. A ground for annulment recognized by canon law and developed by the ecclesiastical courts of the Roman Catholic Church. • Canonical impediments include affinity, impotence, disparity of worship, and previous religious profession.

civil impediment. A ground for annulment recognized by civil law of contracts, such as minority, unsoundness of mind, fraud, and duress. • The defects of fraud and duress may be waived, and the parties may confirm the marriage.

diriment impediment (dir-[schwa]-m[schwa]nt im-ped-[schwa]-m[schwa]nt), n. [fr. Latin dirimens impedimentum “nullifying impediment”] A fact that raises an absolute bar to marriage and renders a contracted marriage void. • Diriment impediments include consanguinity within a prohibited degree and prior undissolved marriage.

— Also termed impedimenta dirimentia.


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