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Code of Canon Law

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  • BOOK VII : PROCESSES
    • PART III : CERTAIN SPECIAL PROCESSES
        • TITLE I: MATRIMONIAL PROCESSES (Cann. 1671 - 1707)
          • CHAPTER IV : THE PROCESS IN THE CASE OF THE PRESUMED DEATH OF A SPOUSE
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CHAPTER IV : THE PROCESS IN THE CASE OF THE PRESUMED DEATH OF A SPOUSE

Can. 1707 §1 Whenever the death of a spouse cannot be proven by an authentic ecclesiastical or civil document, the other spouse is not regarded as free from the bond of marriage until the diocesan Bishop has issued a declaration that death is presumed.

§2 The diocesan Bishop can give the declaration mentioned in §1 only if, after making suitable investigations, he has reached moral certainty concerning the death of the spouse from the depositions of witnesses, from hearsay and from other indications. The mere absence of the spouse, no matter for how long a period, is not sufficient.

§3 In uncertain and involved cases, the Bishop is to consult the Apostolic See.




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