"DIVORCE"

l It is the legal dissolution of marriage by a court.

Ø It is a legislatively created, juridically administered process that legally
terminates a marriage for longer considered viable by one or both of the spouses
and that permits both to remarry.

l It is a grave offense against the natural law.

Ø It claims to break the contract to which the spouses freely consented, to live
with each other till death.

l It makes injury to the covenant of salvation.

Ø Contracting a new union even if it is recognized by civil law, adds to the gravity
of rupture: the remarried spouse is then in a situation of public and permanent
adultery: If a husband, separated from his wife , approaches another woman, he
is an adulterer because he makes that woman commit adultery, and the woman
who lives with him is an adulteress, because she has drawn another's husband to
herself.

l It is immoral.
Ø It introduces disorder into the family and into society. This disorder brings grave
harm to the desserted spouse, to children traumatized by the separation of the
parents and often torn between them, and because of its contagious effect which
makes it truly a plague on society.

Divorce with freedom to marry can be granted in the following cases:

1. Pauline Privilege (1 Cor. 7:12-16) enables a legitimate marriage between non-

baptized persons, even though it has been consummated, can be dissolved in favor of
the faith.
2. If a sacramental marriage has not been sexually consummated, a dispensation that
brings with it the cancellation of the bond can be obtained.
3. If a non-baptized man, living with several wives simultaneously (polygamy),
receives baptism, he is entitled to choose anyone of his women to be his only wife;
the same rule applies to a woman in similar situation with several husbands
(polyandry); no dispensation is required.
4. If man and wife, neither of them baptized, become forcibly separated and for no fault
of theirs they cannot restore their common life, the reception of baptism even by one
entities both to marry again; no dispensation is needed.
5. If both of such forcibly a sacramental separated persons receive baptism,
theoretically a sacramental non-consummated marriage comes into existence; still
 they are not able to restore their common life, the law grants them the freedom to
marry; this amounts to a dispensation by the law from the bond of a non-
consummated sacramental marriage.
6. If a natural (non-sacramental) bond exists between two non-baptized, or one baptized
and another who is not, dispensation from the bond can be requested through the
competent ordinary from the apostolic See.

Arguments for Church's Present Attitude

a. Divorce is opposed to the good of the spouses.

b. A dissoluble marriage is prejudicial to the child.
c. The good of society requires stable families.
d. Theological nature.

Objections rose against the basis of present practice: [lbid.]

1. God's forgiveness.
2. Total reparation is not always possible.
3. Many of those concerned are not conscious of guilt.
4. Situation may not be bad in itself even though law of unicity and indissolubility is
transgressed.
5. Erroneous attitude on elicit sexual relations.
6. Conscientious conviction on part of those divorced and remarried must be regarded.
7. Other people see divorce as a lesser evil

Grounds for Nullity of Marriage [Ibid.]

Marriage can be null by: (Siegle, Bernard, Marriage According to the New code of CanonLaw.
New York, 1986]
1. An impediment (1083-1094)
2. Lack of form (1108)
3. Lack of consent (1095)

"Marriage between a man and a woman is ordained of God and that the family is central to the
Creator's plan for the eternal destiny of His children." (The Family: A Proclamation to the World)