Irregular marriages recognized?
(12-09-2017, 02:46 PM)Bonaventure Wrote:
(12-09-2017, 02:05 PM)Paul Wrote: A marriage between two unbaptised persons is valid, but not sacramental, and can be dissolved in favour of the faith if one of them becomes Catholic or wants to marry a Catholic.

Could you please cite the Canon supporting that?

That's the Pauline privilege, so named because of I Cor. 7, 10-15.

But to them that are married, not I but the Lord commandeth, that the wife depart not from her husband. And if she depart, that she remain unmarried, or be reconciled to her husband. And let not the husband put away his wife. For to the rest I speak, not the Lord. If any brother hath a wife that believeth not, and she consent to dwell with him, let him not put her away. And if any woman hath a husband that believeth not, and he consent to dwell with her, let her not put away her husband. For the unbelieving husband is sanctified by the believing wife; and the unbelieving wife is sanctified by the believing husband: otherwise your children should be unclean; but now they are holy. But if the unbeliever depart, let him depart. For a brother or sister is not under servitude in such cases. But God hath called us in peace.
If one is baptised and one is not, it can be dissolved by the Petrine privilege, which is discussed here. (Congregation for the Doctrine of the Faith, Norms on the Preparation of the Process for the Dissolution of the Marriage Bond in Favour of the Faith), and is in Canon 1142 and 1150.

Can.  1141 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death.

Can.  1142 For a just cause, the Roman Pontiff can dissolve a non-consummated marriage between baptized persons or between a baptized party and a non-baptized party at the request of both parties or of one of them, even if the other party is unwilling.

Can.  1143 §1. A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs.

§2. The non-baptized party is considered to depart if he or she does not wish to cohabit with the baptized party or to cohabit peacefully without aVront to the Creator unless the baptized party, after baptism was received, has given the other a just cause for departing.

Can.  1144 §1. For the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated whether:

1/ he or she also wishes to receive baptism;

2/ he or she at least wishes to cohabit peacefully with the baptized party without aVront to the Creator.

§2. This interrogation must be done after baptism. For a grave cause, however, the local ordinary can permit the interrogation to be done before baptism or can even dispense from the interrogation either before or after baptism provided that it is evident at least by a summary and extrajudicial process that it cannot be done or would be useless.

Can.  1145 §1. The interrogation is regularly to be done on the authority of the local ordinary of the converted party.

This ordinary must grant the other spouse a period of time to respond if the spouse seeks it, after having been advised, however, that his or her silence will be considered a negative response if the period passes without effect.

§2. Even an interrogation made privately by the converted party is valid and indeed licit if the form prescribed above cannot be observed.

§3. In either case, the fact that the interrogation was done and its outcome must be established legitimately in the external forum.

Can.  1146 The baptized party has the right to contract a new marriage with a Catholic party:

1/ if the other party responded negatively to the interrogation or if the interrogation had been omitted legitimately;

2/ if the non-baptized party, already interrogated or not, at first persevered in peaceful cohabitation without aVront to the Creator but then departed without a just cause, without prejudice to the prescripts of cann. 1144 and 1145.

Can. 1147 For a grave cause, however, the local ordinary can allow a baptized party who uses the pauline privilege to contract marriage with a non-Catholic party, whether baptized or not baptized; the prescripts of the canons about mixed marriages are also to be observed.

Can.  1148 §1. When he receives baptism in the Catholic Church, a non-baptized man who has several non-baptized wives at the same time can retain one of them after the others have been dismissed, if it is hard for him to remain with the first one. The same is valid for a non-baptized woman who has several non-baptized husbands at the same time.

§2. In the cases mentioned in §1, marriage must be contracted in legitimate form after baptism has been received, and the prescripts about mixed marriages, if necessary, and other matters required by the law are to be observed.

§3. Keeping in mind the moral, social, and economic conditions of places and of persons, the local ordinary is to take care that the needs of the first wife and the others dismissed are sufficiently provided for according to the norms of justice, Christian charity, and natural equity.

Can.  1149 A non-baptized person who, after having received baptism in the Catholic Church, cannot restore cohabitation with a non-baptized spouse by reason of captivity or persecution can contract another marriage even if the other party has received baptism in the meantime, without prejudice to the prescript of can. 1141.

Can.  1150 In a doubtful matter the privilege of faith possesses the favor of the law.
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Messages In This Thread
Irregular marriages recognized? - by lupacexi2 - 12-09-2017, 02:20 AM
RE: Irregular marriages recognized? - by Poche - 12-09-2017, 06:05 AM
RE: Irregular marriages recognized? - by Paul - 12-09-2017, 02:05 PM
RE: Irregular marriages recognized? - by Paul - 12-09-2017, 08:34 PM
RE: Irregular marriages recognized? - by Paul - 12-10-2017, 03:24 PM

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