ARTICLE 2:
SEPARATION WHILE THE BOND REMAINS
Can.
1151 Spouses have the obligation and the right to maintain their common
conjugal life, unless a lawful reason excuses them.
Can.
1152 §1 It is earnestly recommended that a spouse, motivated by christian
charity and solicitous for the good of the family, should not refuse to pardon
an adulterous partner and should not sunder the conjugal life. Nevertheless, if
that spouse has not either expressly or tacitly condoned the other's fault, he
or she has the right to sever the common conjugal life, provided he or she has
not consented to the adultery, nor been the cause of it, nor also committed
adultery.
§2 Tacit
condonation occurs if the innocent spouse, after becoming aware of the
adultery, has willingly engaged in a marital relationship with the other
spouse; it is presumed, however, if the innocent spouse has maintained the
common conjugal life for six months, and has not had recourse to ecclesiastical
or to civil authority.
§3 Within
six months of having spontaneously terminated the common conjugal life, the
innocent spouse is to bring a case for separation to the competent
ecclesiastical authority. Having examined all the circumstances, this authority
is to consider whether the innocent spouse can be brought to condone the fault
and not prolong the separation permanently.
Can.
1153 §1 A spouse who occasions grave danger of soul or body to the other or to
the children, or otherwise makes the common life unduly difficult, provides the
other spouse with a reason to leave, either by a decree of the local Ordinary
or, if there is danger in delay, even on his or her own authority.
§2 In all
cases, when the reason for separation ceases, the common conjugal life is to be
restored, unless otherwise provided by ecclesiastical authority.
Can.
1154 When a separation of spouses has taken place, provision is always, and in
good time, to be made for the due maintenance and upbringing of the children.
Can.
1155 The innocent spouse may laudably readmit the other spouse to the conjugal
life, in which case he or she renounces the right to separation .
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