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  • TITLE 16 Divine Worship and Especially the Sacraments
    • 863
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Canon 863

1. Although it is earnestly recommended that a spouse, moved by

charity and a concern for the good of the family, not refuse pardon to an adulterous partner and not break up conjugal life,

nevertheless, if the spouse has not expressly or tacitly condoned

the misdeed of the other spouse, the former does have the right

to end conjugal living, unless he or she consented to the adultery, gave cause for it, or likewise committed adultery. 2.

Tacit condonation exists if the innocent spouse, after having

become aware of the adultery, continued voluntarily to live with

the other spouse in marital affection. Tacit condonation is presumed if the innocent spouse continued conjugal living for a

period of six months and has not had recourse to ecclesiastical

or civil authority. 3. If the innocent spouse spontaneously

severed conjugal living, that spouse within six months is to

bring a suit for separation before the competent ecclesiastical

authority; this authority, after having investigated all the

circumstances, is to decide whether the innocent spouse can be

induced to forgive the misdeed and not to prolong the separation

permanently.




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