| 1627 The consent consists in 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." This consent that binds the spouses to each other finds its fulfillment in the two "becoming one flesh." |
| 1628 The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear. No human power can substitute for this consent. If this freedom is lacking the marriage is invalid. |
| 1629 For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged. |
| 1630 The priest (or deacon) who assists at the celebration of a marriage receives the consent of the spouses in the name of the Church and gives the blessing of the Church. The presence of the Church's minister (and also of the witnesses) visibly expresses the fact that marriage is an ecclesial reality. |
| 1631 This is the reason why the Church normally requires that the faithful contract marriage according to the ecclesiastical form. Several reasons converge to explain this requirement:
- Sacramental marriage is a liturgical act. It is therefore appropriate that it should be celebrated in the public liturgy of the Church; - Marriage introduces one into an ecclesial order, and creates rights and duties in the Church between the spouses and towards their children; - Since marriage is a state of life in the Church, certainty about it is necessary (hence the obligation to have witnesses); - The public character of the consent protects the "I do" once given and helps the spouses remain faithful to it. |