CHAPTER IX
: THE SEPARATION OF THE SPOUSES
ARTICLE 1:
THE DISSOLUTION OF THE BOND
Can.
1141 A marriage which is ratified and consummated cannot be dissolved by any
human power or by any cause other than death.
Can.
1142 A non-consummated marriage between baptised persons or between a baptised
party and an unbaptised party can be dissolved by the Roman Pontiff for a just
reason, at the request of both parties or of either party, even if the other is
unwilling.
Can.
1143 §1 In virtue of the pauline privilege, a marriage entered into by two
unbaptised persons is dissolved in favour of the faith of the party who
received baptism, by the very fact that a new marriage is contracted by that
same party, provided the unbaptised party departs.
§2 The
unbaptised party is considered to depart if he or she is unwilling to live with
the baptised party, or to live peacefully without offence to the Creator,
unless the baptised party has, after the reception of baptism, given the other
just cause to depart.
Can.
1144 §1 For the baptised person validly to contract a new marriage, the
unbaptised party must always be interpellated whether:
1° he or
she also wishes to receive baptism;
2° he or
she at least is willing to live peacefully with the baptised party without
offence to the Creator.
§2 This
interpellation is to be done after baptism. However, the local Ordinary can for
a grave reason permit that the interpellation be done before baptism; indeed he
can dispense from it, either before or after baptism, provided it is
established, by at least a summary and extrajudicial procedure, that it cannot
be made or that it would be useless.
Can.
1145 As a rule, the interpellation is to be done on the authority of the local
Ordinary of the converted party. A period of time for reply is to be allowed by
this Ordinary to the other party, if indeed he or she asks for it, warning the
person however that if the period passes without any reply, silence will be
taken as a negative response.
§2 Even an
interpellation made privately by the converted party is valid, and indeed it is
lawful if the form prescribed above cannot be observed.
§3 In both
cases there must be lawful proof in the external forum of the interpellation
having been done and of its outcome.
Can.
1146 The baptised party has the right to contract a new marriage with a
catholic:
1° if the
other party has replied in the negative to the interpellation, or if the
interpellation has been lawfully omitted;
2° if the
unbaptised person, whether already interpellated or not, who at first
persevered in peaceful cohabitation without offence to the Creator, has
subsequently departed without just cause, without prejudice to the provisions
of cann. 1144 and 1145.
Can.
1147 However, the local Ordinary can for a grave reason allow the baptised
party, using the pauline privilege, to contract marriage with a non-catholic
party, whether baptised or unbaptised; in this case, the provisions of the
canons on mixed marriages must also be observed.
Can.
1148 §1 When an unbaptised man who simultaneously has a number of unbaptised
wives, has received baptism in the catholic Church, if it would be a hardship
for him to remain with the first of the wives, he may retain one of them,
having dismissed the others. The same applies to an unbaptised woman who
simultaneously has a number of unbaptised husbands.
§2 In the
cases mentioned in §1, when baptism has been received, the marriage is to be
contracted in the legal form, with due observance, if need be, of the
provisions concerning mixed marriages and of other provisions of law.
§3 In the
light of the moral, social and economic circumstances of place and person, the
local Ordinary is to ensure that adequate provision is made, in accordance with
the norms of justice, christian charity and natural equity, for the needs of
the first wife and of the others who have been dismissed.
Can.
1149 An unbaptised person who, having received baptism in the catholic Church,
cannot re-establish cohabitation with his or her unbaptised spouse by reason of
captivity or persecution, can contract another marriage, even if the other
party has in the meantime received baptism, without prejudice to the provisions
of can. 1141.
Can.
1150 In a doubtful matter the privilege of the faith enjoys the favour of law.
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