Dissolution of Marriage

The Catholic Church holds that a consummated marriage between two baptized followers is a life-long commitment that can never be broken by any human power. However, the Church also recognizes that not all marriages are entered into by parties who understand the teachings of the Church and that some situations are intolerable. In such cases, a separation is the only way to restore one's dignity and ensure one's physical and emotional safety.

Such unfortunate marriages are ended by annulment or dissolution.

Annulment and Dissolution

In the unfortunate event of ending a marriage, there are two methods in the Catholic Church:

1. Annulment, in which the marriage is declared null and void; that is, no valid marriage took place.
2. Dissolution, in which the marriage is dissolved because of impediments. Dissolution of a valid marriage is similar to a divorce in civil terms, but the Church prefers to call it a dissolution of the marriage because there never can be an absolute divorce between baptized persons in the Catholic Church.

The Catholic Church forbids re-marriage after a civil divorce without obtaining a Church annulment or dissolution.

This page talks about the grounds for dissolution of marriage.

Grounds for dissolution

Dissolution is when the marriage was valid but there were impediments preventing the marriage from achieving the requirements of marriage such as a sacramental form and consummation. According to Canon Law, a ratified (sacramentally correct) and consummated marriage is indissoluble except in the case of death of one of the spouses. Thus, it is clear from the Canon Law that for a marriage to be indissoluble, it has to be both sacramental and consummated by the spouses. If these are not met, the marriage can be dissolved even though it is valid. Dissolution is made after careful enquiry by church authorities.

Following scenarios can lead to dissolution of a valid marriage:

• Pauline Privilege (Canon 1143): The marriage is not sacramental - that is, none of the spouses was baptized at the time of marriage, and one of them has joined or wants to join the Church and become a Christian. In this case, the marriage can be dissolved in accordance with St Paul's teaching in 1 Cor 7:12-16. The Pauline Privilege does not apply when at least one of the spouses is already baptized. This dissolution is handled by the local bishop.
• Petrine Privilege: One of the spouses is baptized at the time of marriage and the other not, the non-baptized spouse refuses to be baptized and is not living peacefully with the baptized spouse, and the baptized spouse wants to separate because of the fault of the other spouse. In this case, the pope can dissolve the marriage in accordance with Ezra 10: 1-14. Only the pope can exercise this privilege, and it is named "Petrine Privilege" because of this.
• Non-consummation: A marriage that has not been consummated after the marriage ceremony can be dissolved by the Pope. According to the Catholic Church's teaching, although the marriage becomes sacramental after the two baptized persons exchange matrimonial vows in the church, it becomes unbreakable only after they have consummated the marriage by sexual intercourse.
• Adultery or infidelity: A valid marriage may be dissolved because of adultery or infidelity of either spouse.
• Defection of faith: A spouse's leaving the Christian faith is a ground for the other spouse to seek dissolution of their marriage.
• Physical danger: Apprehension of physical danger or intimidation can be a ground for dissolution of marriage.

The Church requires stringent proof to support any of the above scenarios. Dissolution is granted only after careful scrutiny and sound enquiry by Church authorities, and after all efforts of reconciliation have failed.

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