Affinity as Impediment

Affinity is the relationship of a married person within-laws. By becoming one flesh through marriage, each of the two spouses contracts a relationship with all the blood relatives ofthe other spouse. And this is affinity.

Affinity sets up a lasting relationship. It does not cease to exist for a husband whose wife dies, nor for a widow with reference to her late husband’s relatives.

Formerly, unlawful carnal intercourse established affinity, but this is so no longer. Affinity arises out of valid marriage only.

Affinity is not contracted by betrothal or engagement,but arises only out of true and valid marriage.

Affinity does not cause affinity. Relatives of one spouse are not related by affinity to relatives of the other spouse. Affinity exists only between a husband and the blood relatives of his wife, and between a wife and the blood relatives of her husband. A sister of one spouse is free to marry a brother of the other spouse. And a man who marries a widow does not contract affinity with the relatives of her late husband; nor does a woman who marries a widower contract affinity with the relatives of his late wife.

Affinity voids marriage throughout the whole direct line. It is a diriment impediment. Thus a widow or widower cannot marry parent or grandparent of the deceased spouse. Affinity voidsmarriage (and therefore is a diriment impediment) in the lateral fine to the second degree inclusive. Thus a widower cannot marry his late wife’s sister or niece.

Degrees of affinity are computed according to degrees of consanguinity. Affinity has no degrees of its own. Thus a person related by blood in the second degree to one spouse, is related by affinity in the second degree to the other spouse.

Degrees of affinity are thus coextensive with degrees of consanguinity. A husband stands in the first degree of affinity with his wife’s sister (collateral line), because the wife stands in the first degree of consanguinity with her own sister (collateral line). A wife stands in the second degree,collateral, of affinity with her husband’s nephew; for that isthe line and the degree of blood relationship which the husband has with his own nephew.

Affinity of kind and degree sufficient to nullifymarriage makes marriage impossible (without dispensation, which is sometimes obtainable ), and when such a union is submitted to the judgment of the Church, she pronounces it no marriage.

In the official process of pronouncing on a union thatis submitted to the Church for judgment, the method of charge and proof is followed.

In such processes, witnesses are called, and evidence is taken, as in other judicial procedures, so that the fact (if fact it be) of nullifying affinity or consanguinity, is indubitablyknown and established.