Jesus Christ elevated marriage to the dignity of the sacrament and as such the Church has observed it from the very beginning. At the heart of marriage is consent. In giving consent a man and a woman should have the right intention and freedom to assume all marital obligations - unity and indissolubility, the birth and upbringing of children. The most common case of marriage deficiency springs from marital consent. The canon 1095 no. 3 speaks of it. The canon states the inability to assume marital obligations due to the physics nature. As the nation of psychic nature is broad, we have dwelled in this paper on the problem of homosexuality. Homosexual persons are not able to dispose of the object of marital consent and therefore are not able to fulfill their obligations, of course in the case of severe forms of homosexuality. They are incapable of establishing a strong and deep relationship with the another persons for the purpose of marriage. If someone consideres that there are certain reasons that make her marriage invalid, she has the right to initiate litigation in the church court to declare the marriage invalid. Church judges have the main role in that with the help of psychologists and psychiatrists. In order to prevent and reduce divorces, well organized and high quality preparations for marriage are of great importance, in which the whole Church communiy should be involved.