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Revealing and Reflecting the Heart of Christ Within Marriage
The same applies to an unbaptisedwoman who simultaneously has a number of unbaptised husbands.
Canon 1148.2 In the cases mentioned in 1148.1,when baptism has been received, the marriage is to be contracted inthe legal form, with due observance, if need be, of the provisionsconcerning mixed marriages and of other provisions of law.
Canon 1148.3 In the light of the moral, socialand economic circumstances of place and person, the local Ordinaryis to ensure that adequate provision is made, in accordance withthe norms of justice, christian charity and natural equity, for theneeds of the first wife and of the others who have beendismissed.
Canon 1149 An unbaptised person who, havingreceived baptism in the catholic Church, cannot re-establishcohabitation with his or her unbaptised spouse by reason ofcaptivity or persecution, can contract another marriage, even ifthe other party has in the meantime received baptism, withoutprejudice to the provisions of canon 1141.
Canon 1150 In a doubtful matter the privilege ofthe faith enjoys the favour of law.
ARTICLE 2: SEPARATION WHILE THE BOND REMAINS
Canon 1151 Spouses have the obligation and theright to maintain their common conjugal life, unless a lawfulreason excuses them.
Canon 1152.1 It is earnestly recommended that aspouse, motivated by christian charity and solicitous for the goodof the family, should not refuse to pardon an adulterous partnerand should not sunder the conjugal life.
it is possible to overcome the difficulties as long as one does ..
Read Romans 7:2,3; Matthew 5:31,32; 19:3-9; 1 Corinthians 7:10,11- Marriage is a lifetime commitment. One can Scripturally divorcea mate only if it is done because he/she has committedfornication. If we have unscripturally divorced, we must seekreconciliation with our spouse or remain unmarried. Remarriage isnot an option.
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Having examined all the circumstances,this authority is to consider whether the innocent spouse can bebrought to condone the fault and not prolong the separationpermanently.
Canon 1153.1 A spouse who occasions grave dangerof soul or body to the other or to the children, or otherwise makesthe common life unduly difficult, provides the other spouse with areason to leave, either by a decree of the local Ordinary or, ifthere is danger in delay, even on his or her own authority.
Canon 1153.2 In all cases, when the reason forseparation ceases, the common conjugal life is to be restored,unless otherwise provided by ecclesiastical authority.
Canon 1154 When a separation of spouses hastaken place, provision is always, and in good time, to be made forthe due maintenance and upbringing of the children.
Canon 1155 The innocent spouse may laudablyreadmit the other spouse to the conjugal life, in which case he orshe renounces the right to separation .
CHAPTER X: THE VALIDATION OF MARRIAGE
ARTICLE 1: SIMPLE VALIDATION
Canon 1156.1 To validate a marriage which isinvalid because of a diriment impediment, it is required that theimpediment cease or be dispensed, and that at least the party awareof the impediment renews consent.
Canon 1156.2 This renewal is required byecclesiastical law for the validity of the validation, even if atthe beginning both parties had given consent and had not afterwardswithdrawn it.
Canon 1157 The renewal of consent must be a newact of will consenting to a marriage which the renewing party knowsor thinks was invalid from the beginning.
Canon 1158.1 If the impediment is public,consent is to be renewed by both parties in the canonical form,without prejudice to the provision of Canon 1127.3.
Canon 1158.2 If the impediment cannot be proved,it is sufficient that consent be renewed privately and in secret,specifically by the party who is aware of the impediment providedthe other party persists in the consent given, or by both partiesif the impediment is known to both.
Canon 1159.1 A marriage invalid because of adefect of consent is validated if the party who did not consent,now does consent, provided the consent given by the other partypersists.
Canon 1159.2 If the defect of the consent cannotbe proven, it is sufficient that the party who did not consent,gives consent privately and in secret.
Canon 1159.3 If the defect of consent can beproven, it is necessary that consent be given in the canonicalform.
Canon 1160 For a marriage which is invalidbecause of defect of form to become valid, it must be contractedanew in the canonical form, without prejudice to the provisions ofCanon 1127.3 .
Article 2: Retroactive Validation
Canon 1161.1 The retroactive validation of aninvalid marriage is its validation without the renewal of consent,granted by the competent authority.
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1144 and 1145.
Canon 1147 However, the local Ordinary can fora grave reason allow the baptised party, using the paulineprivilege, to contract marriage with a non-catholic party, whetherbaptised or unbaptised; in this case, the provisions of the canonson mixed marriages must also be observed.
Canon 1148.1 When an unbaptised man whosimultaneously has a number of unbaptised wives, has receivedbaptism in the catholic Church, if it would be a hardship for himto remain with the first of the wives, he may retain one of them,having dismissed the others.
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A period of time for reply is to be allowed by this Ordinaryto the other party, if indeed he or she asks for it, warning theperson however that if the period passes without any reply, silencewill be taken as a negative response.
Canon 1145.2 Even an interpellation madeprivately by the converted party is valid, and indeed it is lawfulif the form prescribed above cannot be observed.
Canon 1145.3 In both cases there must be lawfulproof in the external forum of the interpellation having been doneand of its outcome.
Canon 1146 The baptised party has the right tocontract a new marriage with a catholic:
Canon 1146.1 if the other party has replied inthe negative to the interpellation, or if the interpellation hasbeen lawfully omitted;
Canon 1146.2 if the unbaptised person, whetheralready interpellated or not, who at first persevered in peacefulcohabitation without offence to the Creator, has subsequentlydeparted without just cause, without prejudice to the provisions ofcann.
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It cannot, however, be granted byhim if there is an impediment whose dispensation is reserved to theApostolic See in accordance with Canon 1078.2, or if there isquestion of an impediment of the natural law or of the divinepositive law which has now ceased.
ARTICLE 3: THE PROMOTOR OF JUSTICE, THE DEFENDER OF THE BOND AND THE NOTARY
Canon 1432 A defender of the bond is to beappointed in the diocese for cases which deal with the nullity ofordination or the nullity or dissolution of marriage.