Consequences of Marriage Performed in Restrictive Circumstances

Abstract

The article discusses the circumstances that arise in a marriage relationship established in violation of canon law. In real life marriages are frequently performed in disregard of the requirements of canon law. Due to the nature of canon law, compliance with such requirements is mandatory for all members of the Orthodox Church, and since a large part of the population of Georgia is Orthodox, the issue is quite topical. In a number of cases, lack of complete understanding of the matter in question leads to neglect of the requirements for starting a marriage, which can lead to disastrous results. Failure to follow the circumstances hindering the marriage will result in certain negative consequences, both the married couple and the priest who performed such marriage ceremony. The consequence may range from an ecclesiastical punishment to separation of the couple. The separation of the couple raises the issue of the canonical legal status enjoyed by their children and this matter deserves special interest. In this case, too, the issue of canonical oeconomy (pardon) should be considered which, if necessary, was applied by the clergy of the appropriate authority. The article explores all of the issues above based on relevant legal norms and existing practices.