Legal Definitions - impediment

An impediment refers to a hindrance, obstruction, or barrier. In a legal context, it specifically denotes a legal or factual condition that prevents a particular action or transaction from being validly completed or recognized.

When applied to marriage, an impediment is a condition that legally bars a couple from marrying or, if discovered after a marriage has taken place, can render that marriage invalid (either void or voidable).

• Civil Impediment: These are barriers to marriage recognized by government (civil) law. They often relate to principles of contract law, as marriage is considered a civil contract in many jurisdictions. If a civil impediment exists, a marriage might be voidable (meaning it can be annulled by one of the parties) or, in some cases, void (meaning it was never legally valid from the start).

  • Example 1: In a state where the legal age for marriage is 18 without parental consent, a 16-year-old attempts to marry without obtaining the required consent or a court order. The individual's age, without the necessary legal permissions, acts as a civil impediment to a valid marriage. If the marriage were to proceed, it would likely be considered voidable, meaning it could be annulled later by the underage party or their legal guardian.

• Diriment Impediment: This is a particularly strong type of impediment, recognized by either civil or canonical law, that makes a marriage absolutely void from its very beginning. A marriage entered into despite a diriment impediment is considered to have never legally existed.

  • Example 2: A person who is still legally married to their first spouse attempts to marry a second person without having obtained a divorce or annulment from the first marriage. The existing, undissolved marriage constitutes a diriment impediment. This condition absolutely prevents a valid second marriage under civil law, rendering the second marriage void from its inception, meaning it has no legal standing.

  • Example 3: In a jurisdiction where marriage between first cousins is explicitly prohibited by law, two first cousins attempt to marry. Their close familial relationship is a diriment impediment under civil law. Any marriage they enter into would be considered void because the legal barrier is absolute and cannot be overcome.

• Canonical Impediment: These are specific barriers to marriage recognized by religious law, particularly within the Roman Catholic Church. If such an impediment exists, the church may not recognize the marriage as valid, potentially leading to an annulment under canon law, even if the marriage is recognized by civil law.

  • Example 4: A woman who has taken permanent, solemn vows as a nun in the Roman Catholic Church decides she wants to marry. Under Catholic canon law, her prior religious profession constitutes a canonical impediment. Without a formal dispensation from her vows, the Church would not recognize any subsequent marriage she enters into as valid, even if civil authorities might.