Last week’s post examined the sanation of juridical acts as a manifestation of the spirituality of canon law. Today’s post explores the commonest sanation in canon law, namely, the sanatio in radice of invalid marriages. As a recap, sanation means to retroactively validate an act that was previously invalid due to some defect.
Meaning
Sanatio in radice simply means ‘healing from the root’. However, it also translates in English as retroactive validation or radical sanation. It appears in the 1983 Code from canons 1161 to 1165. Sanatio in radice is a dispensation from an impediment or the defect of canonical form to validate an invalid marriage retroactively, thereby healing it from the root. The root here means when the marriage came into being. Unlike simple validation, where the couple renews their consent before the parish priest or delegated priest, deacon or lay person, retroactive validation does not require a renewal of consent. It is instead an administrative act granted by the Apostolic See, the diocesan bishop, and those equivalent in law to the diocesan bishop. The vicars or chancellor cannot do so, except the bishop expressly delegates them. Once the decree is issued validly, it takes effect according to the date indicated (Canon 1161).
If, for instance, an invalid marriage took place on 2 January 2000, a sanation granted today, 25 August 2025, retroactively validates the marriage so much so that the validity goes back to 2 January 2000, rather than 25 August 2025. However, the validity can go back to another date, such as 15 August 2023, if the details of the case warrant it. If a simple validation takes place today for the same marriage, the validity begins from 25 August 2025.
Spirituality of canon law
Sanatio in radice fits neatly into the spirituality of canon law. The purpose of the dispensation is to help the parties because the invalidity means that they are living in an irregular matrimonial situation, even if the invalidity is occult. Those in such situations should not receive communion, a burden to their consciences. Hence, the sanation helps lift this spiritual burden alongside the worry about the juridical effects of living without a valid matrimonial contract. In all, it improves their overall being, their relationship with God, and their journey of holiness.
Cases that allow sanatio
Three categories of things make a marriage invalid: impediments, lack or defect of consent, and lack or defect of canonical form. Since marriage comes into being when consent has been lawfully exchanged (Can. 1057), there is no discussion of healing something which did not exist in the first place. Therefore, a retroactive validation cannot be granted if consent is lacking in either or both of the parties, whether it was absent from the beginning or was present, but was subsequently revoked. However, if the consent was absent from the beginning but was subsequently given, the sanation can be granted from the moment the consent was given (Can. 1162). Hence, sanation is granted for an impediment or lack or defect of canonical form, provided that the consent of both parties persists (Can. 1163 §1) and it is probable that the partners intend to persevere in conjugal life (Can. 1161 §3). The sanation can be granted even if there are multiple grounds for nullity in the same marriage (Can. 1165 §2).
Exceptions
While sanation can be granted for impediments, they cannot be granted for diriment impediments of natural law (antecedent and perpetual impotence) or of divine positive law (prior bond of marriage), except the impediment has ceased (Can. 1163 §2). The two mentioned above can be dispensed if the impotence is remedied after marriage or the spouse in the prior marriage dies.
There can never be a sanation when it concerns the impediment of consanguinity in the direct line (a father marrying a daughter) or in the second degree of the collateral line (marriage between a brother and a sister). Only the Apostolic See can grant a sanation when it concerns impediments reserved to the Apostolic See, namely, impediments arising from sacred orders or from a public perpetual vow of chastity in a religious institute of pontifical right and the impediment of crime (Can. 1078 §2). The diocesan bishop can dispense all other impediments—age, disparity of cult, perpetual vows in religious institutes of diocesan right, conjucide (killing of one’s spouse to marry another or killing of a spouse the marry the other spouse), consanguinity (marriage between first cousins), affinity, public propriety, and adoption.
Special Cases
An invalid marriage can be sanated from the root even if one or both of the parties is unaware of it. However, it can only be done when there is a grave reason (Can. 1164). An instance is a priest acting as an official witness to a marriage without the delegation of the local ordinary or parish priest (defect of canonical form), or the parish priest neglecting to apply for a dispensation from an impediment before the marriage. The couple does not even know that their marriage was invalid. Notifying them that their marriage was invalid will bring great sorrow and disturbance to their consciences. Here, the diocesan bishop sanates the marriage from the root without any need to inform the couple about it.
Since retroactive validation is an administrative act and governed by norms governing the exercise of executive power, a petition for it is made through the chancery rather than the tribunal.
May God continue to help us🙏🏾
K’ọdị🙋🏾♂️
