If a diriment impediment exists and consent is exchanged, no marriage is contracted. |
The reason for this is that a prior marriage is only a diriment impediment to marriage, when it is truly valid. |
However, if after a marriage, a couple divorces and they can prove that a diriment impediment existed at the moment of consent, the marriage is declared null. |
Respondent Judge knew or ought to know that a subsisting previous marriage is a diriment impediment, which would make the subsequent marriage null and void. |
Further, Of these diriment impediments some are temporary, as defect of age, and some are perpetual, such as Holy Orders. |
The simple vow of chastity made by the scholastics is a diriment impediment of matrimony. |