Thus a married woman is bound by law to her husband as long as he lives; but if her husband dies she is discharged from the law concerning her husband. We can see then, that the marriage relationship can be dissolved under certain circumstances and that God recognizes this dissolution. In the case of dissolution by the death of a spouse, He recognizes the right of the living spouse to remarry.
A marriage between two unbaptized persons is not a sacramental marriage. While Paul does not say specifically that the marriage is dissolved, the Church takes it to mean so, or the believer would not be free to remarry and the words would not contain the full truth. We know that St. Paul was divinely inspired to write those words, and therefore they do contain the full truth.
Then only may the yoke of the matrimonial bond with an infidel be understood to be loosed when the convert spouse…proceeds to another marriage with a believer. If the non-believing party agrees to live with the believer in peace, then they should remain married. However, if the non-believing party does not agree to live in peace, then the believing party can be released from the bond of the non-sacramental marriage and is free to remarry.
Even if the non-believing spouse agrees, but then acts contrary to this by abusing the Christian religion, tempting the Christian to infidelity, prevents the children from being raised in Christian faith, or becomes votia temptation for the Christian to commit mortal sin, then the latter retains the right to proceed to a new marriage. In the case that the non-Christian refuses, then permission may be granted to the believing party to enter into a new marriage and thereby dissolve the previous one.
This is what is meant when the Pauline Privilege is used in favor of the faith. The Church has then, the right to — in favor of the faith - dissolve a marriage that was contracted in infidelity unbelief.
Since according to I Cor. Paul, it then follows that the power to make this decision resides with the Church. This power was granted to the successor of St. Peter: I will give you the keys of the kingdom of heaven, and whatever you bind on earth shall be bound in heaven, and whatever you loose on earth shall be loosed in heaven.
The Pope has determined that the local bishops exercise this authority. The diocesan Tribunal reviews each case for final determination. In those cases, a natural marriage exists and can be dissolved for a just cause, but by what is called the Petrine Privilege rather than by the Pauline Privilege. The Petrine Privilege is rarely approved. It is the dissolution of a valid, but non-sacramental, natural bond of marriage by the Holy See in certain, specified cases.
The determination is based on case-specific facts and circumstances, and is not often used. A biblical precedent for the Petrine Privilege, where some of the faithful marry unbelievers and then are permitted to divorce them, is found in the book of Ezra where the Jews put away their foreign pagan wives. It is unfortunate in our society today that divorce has become a fact of life. Even otherwise good and faithful Catholics have been affected by this sad situation, and they then find themselves outside full communion with the Church.
John Paul II has issued numerous letters to the bishops reminding them that divorced and remarried Catholics cannot receive the Eucharist if they do not have a decree of nullity, or approved and invoked Pauline Privilege or Petrine Privilege. The answer seems harsh, but is simple — the bond of a valid and sacramental marriage lasts until death — period. However, a word of caution is advised in this situation.
A divorced Catholic who is waiting on the judgment from a diocesan tribunal is not even free to date, much less remarry until he receives the decree. The person should talk with his priest as often as necessary and attempt to understand that our union with the Mystical Body of Christ can provide us with both consolation and with the strength to fulfill our moral duties in any given situation.
While a civil divorce in and of itself does not prevent Catholics from receiving the Eucharist, this assumes that they are living chaste lives and are in a state of grace free from mortal sin. A remarriage outside the Church however is an adulterous and therefore sinful relationship.
Such people commit a mortal sin each time they engage in marital relations. A person in the state of mortal sin cannot receive Communion. For the same reason they cannot exercise certain ecclesial responsibilities. Reconciliation through the sacrament of Penance can be granted only to those who have repented for having violated the sign of the covenant of fidelity to Christ, and who are committed to living in complete continence.
These are difficult words to say to fellow human beings and especially to fellow Catholics whom we love. Dealing with people, most especially friends and loved ones, who are in invalid marriages is not easy. However, we do them good by telling them the truth. It comes as no surprise that some Catholics along with others will be lulled into a false belief.
It is our duty however, to educate them and if possible assist them in determining a way back into full communion with the Church. If we love them and wish the good of their immortal souls, we must implore them to get themselves back on the straight path with our Lord and His Holy Church.
Several options have been pointed out. For some, a decree of nullity will be the appropriate option. Many others will find that the Pauline Privilege will allow them to re-enter the Church in the fullness that Christ intends. A few may find that the Petrine Privilege is required. Conclusion Many Catholics who are divorced or on their second marriage can in fact be brought back into full communion with the Church if they meet the criteria.
Unfortunately, some cannot and should search their hearts and consciences and pray diligently to work towards reconciling with God and the Church. We should guide them gently to a priest to discuss their individual situations, and we must pray for them. These issues are our business. As I have love you, so you also should love one another. Christ loved us such that he suffered and died an excruciating death, and then rose from the dead so that we could be saved from our sins and live eternal life with Him.
He cares deeply for our lives and our eternal souls. By that example, we cannot sit idly by and allow our fellow and beloved members to remain in a state of sin without at the least, attempting to help them. Smith, D. Fancis DeLigney, S. J, Gay Brothers and Co. John P. A diocesan Bishop and those equivalent to him in law, or an eparchial Bishop, are competent to instruct the process.
For the concession of the favour of the dissolution of the bond, at the moment it is given, it is required that:. A Catholic party who intends to contract or to convalidate a new marriage with a person who is not baptised or with a baptised non-Catholic, is to declare that he or she is prepared to remove dangers of defecting from the faith and the non-Catholic party is to declare that he or she is prepared to allow the Catholic party the freedom to profess his or her own religion and to baptise and educate their children as Catholics.
The favour of the dissolution is not conceded unless this declaration in writing has been signed by both parties. A process may not be instructed for the dissolution of the bond of a marriage contracted or convalidated after obtaining the dissolution in favour of the faith of a prior marriage, nor may it be presented to the Congregation for the Doctrine of the Faith for examination.
A petition can be presented to the Supreme Pontiff for the dissolution of the bond of a non-sacramental marriage entered with a dispensation from the impediment of disparity of cult if the Catholic party intends to enter a new marriage with a baptised person.
In the same circumstances, a petition may be presented to the Supreme Pontiff if the unbaptised party intends to receive baptism and enter a new marriage with a baptised party. The Bishop is not to direct the petition to the Congregation for the Doctrine of the Faith if a prudent doubt should exist regarding the sincerity of conversion of the petitioner or the intended spouse even though the baptism has already been received by one or both of them.
In the case of a catechumen entering marriage, the wedding is to be delayed until after the baptism; if for grave reasons this cannot be done, it is to be morally certain that the baptism will be received as soon as possible.
The Bishop is to consult the Congregation whenever special difficulties exist in the way in which the petitioner intends to fulfil his or her obligations toward the former spouse and any children they may have had, or if there is a fear of scandal from the concession of the favour. With the assistance of a notary and the intervention of the defender of the bond, the Bishop is to conduct the instruction of the process himself or commit it to an instructor selected either from the judges of the tribunal or from persons whom he has approved for this work.
Assertions must be proven according to the norms of law, either with documents or the depositions of trustworthy witnesses. The force of full proof cannot be attributed to declarations by the parties unless there are other elements which wholly corroborate them and from which moral certitude can be acquired. Documents submitted in original form or in authentic copy are to be verified by the notary.
The examination of the parties and witnesses is conducted by the instructor who must be attended by the notary. The defender of the bond is to be cited for the examination.
The instructor is to administer an oath to the parties and witnesses that they will tell the truth, or that what they have said is the truth; if, however, one refuses to take an oath, he or she is to be heard unsworn. The instructor is to question the parties and witnesses in accordance with a questionnaire prepared in advance either by the instructor or by the defender of the bond; if need be, the instructor may add other questions.
The answers are to be signed by the party or the witness, the instructor and the notary. If the other party or a witness refuses or is unable to appear before the instructor and give testimony, their declarations may be obtained either before a notary or in any other lawful manner, provided it is established that they are genuine and authentic.
The absence of the other party from the process is to be declared in accordance with the law and is to be recorded in the acts.
The absence of the baptism of either spouse is to be demonstrated in such a way that every prudent doubt is removed. The witnesses are to be questioned not only about the absence of baptism but also about the circumstances and the other indications that would probably indicate that baptism had not been conferred. Care is to be taken that the baptismal registers are examined in those places where it is established that the party who claims to be unbaptised had lived as a infant, especially in those churches which the party may have frequented or in which the marriage was celebrated.
If the marriage was celebrated with a dispensation from the impediment of disparity of cult, the instructor is to obtain copies of the dispensation and the prenuptial inquiry for the acts.
If the unbaptised spouse is baptised at the time the favour of the dissolution is being sought, there must be an inquiry into the possibility of cohabitation after the baptism; witnesses are also to be questioned about this matter.
The parties in the case are themselves to be asked whether they had any relationship after their separation and what kind, and especially whether they had engaged in a conjugal act. The instructor is to collect information on the state of life of the other party and to report whether that party has attempted a new marriage after the divorce. The instructor is to question the parties and witnesses about the cause of the separation or divorce, so that it is clear who was at fault for the breakdown of the marriage or marriages.
Copies are to be presented, where they exist, of any divorce decree or civil nullity sentence together with the dispositive part of the canonical nullity sentence for any marriages attempted by either of the intended spouses. The instructor must also inquire about the existence of any obligations either moral or civil toward the former spouse and any offspring which they may have had.
If either the petitioner or the intended spouse has been converted and baptised, they are to be questioned regarding the time and intention of being baptised. The parish priest is also to be questioned about the reasons for the baptism, and especially about the integrity of the parties. Explicit reference is to be made in the acts to the religious practice of both the petitioner and the intended spouse.
Certificates of baptism or profession of faith or both are to be included in the acts. When the instruction has been completed, the instructor is to give all the acts, without publishing them, together with a suitable report, to the defender of the bond whose responsibility to is to find reasons, if there are any, against the dissolution of the bond.
Having received all the acts, the Bishop is write his opinion concerning the petition which indicates accurately whether the conditions for the concession of the favour have been fulfilled, and especially whether the promises, mentioned in art.
The reasons are to be given which recommend the concession of the favour, always including whether the petitioner has attempted a new marriage in any way or may be living in concubinage. The Bishop is to send three typewritten sets of the acts to the Congregation for the Doctrine of the Faith, together with his opinion and the observations of the defender of the bond, an index and the summary of the case.
Care is also to be taken that the acts of a case drawn up in the language and style of the place are translated into one of those recognized in the regulations of the Roman Curia and confirmed with a sworn declaration that they have been faithfully translated and transcribed. Archibishop Em.
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