Degree of affinity in the marriage according to the canon law

The canonical Droit of the Roman Catholic church recognized a long time like making obstacle with the Mariage, in addition to the preventions related to the Consanguinité, of the preventions related to the affinity which can exist between the engaged couples. These preventions were classified according to various degrees.

Definition of affinity

Affinity is the report/ratio that it between one of united there by marriage, and the parents of the other unites. What, nowadays, one commonly calls the relationship by alliance.

With the difference of the natural relationship, there does not exist strictly speaking, in the affinity of lines (direct or collateral) nor of degrees, the closely connected ones not going down from the same stock. The use however made recognize that affinity between a spouse and the parents of the other follow the same rules of line and existing degree in the natural relationship.

The not-consumption of the marriage is without effect on affinity according to the civil law, but the canonical right sees an absence of affinity there (let us note however that exists a prevention of public honesty then).

Doctrinal base of the position of the Catholic church

The Catholic church considers that, by the marriage, the man and the woman become one being and only one flesh (Genesis). They form nothing any more but one. It results from this fusion of the husbands the fact that the relationship “by alliance” is comparable with the “natural relationship”.

Preventions of affinity

Affinity in hot line

A man cannot marry the mother of his late wife, nor a woman the father of her late husband. Pareillement with the grandparents, etc

Affinity in collateral line

As from the Carolingian time, the preventions of affinity in collateral line were copied on the preventions of relationship in collateral line. Currently, the canonical Code of right of 1983 retains nothing any more but affinity in hot line (Can. 1092).

Affinity resulting from an illicit union

Any illicit union (“fornication”) creates between the parents of the one and the other unites an affinity similar to that which results from a consumed marriage. However the Concile of Thirty limited the preventions to the first and the second degree. Moreover, the prevention exists only if the illicit trade were publicly known (and of simple rumors could not be regarded as evidence in the event of request of cancellation). The secrecy of the fornication will not involve, for the fornicator marrying a relationship of his accomplice, a simple state of serious sin.

The affinity contracted during the marriage by the “criminal trade” of the one of united with a relative of the other unites does not break the former marriage, the innocent part not having to be private acquired rights by the marriage. The Church encouraged the innocent one and the culprit with living in the continence, while recognizing with innocent the right to require the satisfaction of the marital duty. But, starting from the council of Thirty, the incentive with the continence between innocent and guilty husband fell in disuse, the council having restricted the prevention of affinity for illicit trade to the later marriages of the participants of this relation.

Spiritual alliance

Spiritual alliance enters baptized and its godfather and godmother

Any person (midwife or other) having baptized a child in the event of need also contracts with him spiritual alliance. A contrario , the possible prosecutors of the godfathers and godmothers, having held on the font a baptized person, does not contract with it any spiritual alliance.

Spiritual alliance known as compérage

The godfather (or the man which baptized the child) cannot marry the mother of the child and, pareillement, the Marraine (or the midwife) cannot marry the father of the child. They are respectively qualified accomplices and gossips.

Let us note that there existed, before the Concile of Thirty, a prevention of marriage between one baptized and the children of his godfather or his godmother, compared to brothers and sisters, and that the council moreover recognized that there did not exist prevention of marriage between the godfather and the godmother of a baptized child. The canonical Code of right of 1983 does not retain any more this prevention of spiritual relationship: today, a godson can marry his godmother…

Primary source

Robert-Joseph Pothier, Treated marriage contract (XVIIIe century), Third part, chapter III, Ier article (Of the prevention which results from the natural relationship (P. 75-100).

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