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The ChurchDeep dive

Why did Henry VIII need a dispensation to marry his brother's widow?

The Church

The short answer

Because of the impediment of affinity. In the 16th century, affinity arose from intercourse itself and reached beyond direct-line relatives. Since Catherine was presumed to have had relations with Henry's brother, the impediment had to be dispensed before she and Henry could validly marry.

Affinity today

Today the impediment of affinity exists between a person and the direct-line relatives of his or her spouse — for example, a widower cannot marry his late wife's mother, daughter or granddaughter (CIC 1092).

Affinity then

In the 16th century, affinity arose merely through intercourse, without marriage, and extended beyond the direct line.

Henry and Catherine

Catherine of Aragon was presumed to have had relations with her husband, Henry's brother, so the impediment had to be dispensed before she and Henry VIII (reigned 1509–1547) could validly marry.