Catholic Treasury Network
Part IIIa SupplementMatrimonyQuestion 45

Marriage Consent

  1. The effecting cause of matrimony is the consent of the parties making the matrimonial contract, which is a sacramental contract as well.

  2. This essential consent must be manifested outwardly, bywords if possible, or at least by unmistakable signs.

  3. The consent must be expressed in the present tense. Expressions of future agreement may make a betrothal or engagement, but not a marriage.

  4. The outwardly manifested consent must express a true inner will and intention. Consent given falsely or jestingly does not make a true marriage.

  5. Nor can the consent be secret. There must be witnesses to it. Secret consent of parties to a contract can make a true contract, but not a true and sacramental marriage. According to the institution of Christ, sacraments are to be administered by the Church. The Church cannot make or abrogate a sacrament; but the Church can, and indeed must, determine the conditions in which a sacrament can be received. The laws of the Church concerning sacraments are, on the one hand, a shield against irreverent use of most holy things; on the other hand, these laws consult the true good of the faithful. Therefore, the Church has decreed most wisely that the secret consent of parties to a marriage (that is,clandestine marriage) cannot constitute the sacrament of matrimony.

menu_book
Full Summa Text · III Suppl., Q. 45
Read the complete question at New Advent →