CHAPTER II
: CASES CONCERNING THE SEPARATION OF SPOUSES
Can.
1692 §1 Unless lawfully provided otherwise in particular places, the personal
separation of baptised spouses can be decided by a decree of the diocesan
Bishop, or by the judgement of a judge in accordance with the following canons.
§2 Where
the ecclesiastical decision does not produce civil effects, or if it is
foreseen that there will be a civil judgement not contrary to the divine law,
the Bishop of the diocese in which the spouses are living can, in the light of
their particular circumstances, give them permission to approach the civil
courts.
§3 If the
case is also concerned with the merely civil effects of marriage, the judge is
to endeavour, without prejudice to the provision of §2, to have the case
brought before the civil court from the very beginning.
Can.
1693 §1 The oral contentious process is to be used, unless either party or the
promotor of justice requests the ordinary contentious process.
§2 If the
ordinary contentious process is used and there is an appeal, the tribunal of
second instance is to proceed in accordance with can. 1682 §2, observing what
has to be observed.
Can.
1694 In matters concerning the competence of the tribunal, the provisions of
can. 1673 are to be observed.
Can.
1695 Before he accepts the case, and whenever there appears to be hope of
success, the judge is to use pastoral means to induce the parties to be
reconciled and to resume their conjugal life.
Can.
1696 Cases of separation of spouses also concern the public good; the promotor
of justice must, therefore, always intervene, in accordance with can. 1433.
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