Catholic Marriage and Divorce

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If divorced Catholics intend to marry again, the only route that is permitted by the Church is annulment. As a matter of fact, the singular body that can issue an annulment is the Catholic Church. Such an annulment is also called as a "decree of nullity."

Catholic Divorce

  • The Old Testament permits divorce
  • During the era of Jesus Christ, divorce was disallowed
  • The Catholic Church believes that marriage is a sacrament and it cannot be dissolved. A valid marriage must be continued till one of the partner dies. After this incident, the surviving partner is permitted to remarry
  • The Catholic Church does not issue divorce decrees. Moreover, it does not acknowledge divorces that have been granted by other institutions or religions
  • The Catholic Church is empowered to annul a marriage when there is enough evidence that the beginning of the marriage was an invalid one. Such grounds are as follows

    • Not having sufficient information regarding the individual. For example, if the individual lied or was a convicted rapist or was abusive

    If the sexual act between the marriage partners was not complete, then the Church had the right to annul the marriage
  • Those Catholics who seek divorce and remarry are permitted to worship in the Church. However, they cannot be given the Holy Eucharist

  • The seventh and tenth commandments of Moses are related to Catholic divorce. The 7th states that "Thou shalt not commit adultery". The 10th is "Thou shalt not covet thy neighbor's wife"

    In the past, if an individual had thoughts of lust for a married person or even glanced lustfully at a married person, it was regarded as adultery. Presently, only when a partner has been unfaithful, it is said that this partner has committed infidelity.

Catholic Marriage

This term has been defined as an agreement as per which a male and a female accede to a partnership for their entire life. This agreement must have the following characteristics.

  • The 2 partners must be a man and a woman
  • These partners must be free to marry
  • The partners must willingly and knowingly enter into a valid marriage agreement
  • These individuals must validly observe the performance of the contract

Catholic Canon Law controls the celebration of marriage in canons 1055-1065. A Catholic marriage cannot take place if even one of the below mentioned Impediments exist. However, regarding some of these a dispensation is possible.

  • Abduction
  • Non age (minimum 16 for males and 14 for females)
  • Conjugicide or Crimen: While the marital state exists, one of the partners conspires to marry upon the demise of the spouse
  • Disparity of cult: One of the parties is not baptized
  • Perpetual vows of chastity in a religious institute
  • Holy Orders
  • Prior bond
  • Affinity in a direct line (i.e. relation by marriage like brother in law)
  • Consanguinity to the 4th collateral line, inclusive of legal adoption to the 2nd collateral line
  • Antecedent and perpetual impotence

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