§ 187. On Marital Impediments in General

A marital impediment (κώλυμα τοῦ γάμου, impedimentum matrimonii) is everything that prevents a marriage from being contracted, or, if it has been contracted, that deprives it of the significance of a lawful marriage.

Given the church and civil character which marriage possesses generally, the right to establish what is to be considered a marital impediment belongs jointly to church and civil authority. In the law of the Orthodox Church there can be no dispute about this, so long as there is agreement between Church and state.

Marital impediments are divided chiefly into absolute (ἀπόλυτα κωλύματα, impedimenta absoluta) and conditional (σχετικὰ κωλύματα, impedimenta relativa), according to whether they prevent marriage with every person without distinction, or only with certain particular persons. Among the first class of impediments, some completely annul a marriage already contracted, and are called ἀνατρεπτικὰ κωλύματα (impedimenta dirimentia), while others do not annul it, but only render it unlawful, and are called ἀπαγορευτικὰ κωλύματα (impedimenta impedientia).[1]