Folia Canonica 8. (2005)
STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith
NORMS FOR PREPARING THE PROCESS FOR THE DISSOLUTION 101 titions for the dissolution of the non-sacramental bond of a marriage entered into with a dispensation from the impediment of disparity of worship. These can be presented to the Supreme Pontiff if the Catholic party intends to contract a new marriage with a baptized person.49 The previous norm stated in no. V that the dissolution of such a marriage will not be granted to a Catholic petitioner to enable him or her to enter a new marriage with an unbaptized person, who does not become a convert.50 It appears that the present requirement is stricter in this regard and demands the actual baptism. Accordingly, the non-baptized party in the same case can present a petition to the Supreme Pontiff, if that party intends to receive baptism and enter a new marriage with a baptized party.51 The purpose of this restriction is to avoid the celebration of a second marriage with a dispensation from the impediment of disparity of worship. For such a marriage could, in principle, have the same outcome. The Congregation also remarked that in such cases the “benefit of indissolubility” (bonum sacramenti), which is the indispensable foundation for granting the favour would not have been achieved.52 The possibility of confusion concerning the Church’s doctrine on indissolubility of marriage is also evident in such circumstances. Allowing the same person to marry in the Church several times, after successive dissolutions of previous non-sacramental marriages, could easily lead to the erroneous assertion that the Church permits divorce.53 It is worth mentioning that the requirement of the previous law, namely, that the Catholic party in the marriage under consideration, “[...] for special conditions of the region, especially the small number of Catholics there, could not avoid the marriage and could not lead in it a life in conformity with the Catholic religion,”54 has been dropped from the new law. In addition, the Congregation required information concerning the notoriety of the marriage celebrated in such circumstances;55 this is no longer mentioned among the requirements. tober 1977, in LE, vol. 5, no. 4532, col. 7359-7360 (English translation in CLD, vol. 9, 995-996). 49 See Potestas Ecclesicu, art. 7, § 1,9. 50 See Ut notum est, no. V, in LE, vol. 5, col. 6703 (English translation in WOESTMAN, Special Marriage Cases, 130). 51 See Potestas Eccleske, art. 7, § 2, 9. 52 See Congregation for the Doctrine of the Faith, Letter of the Cardinal Prefect to the Cardinal Prefect of the Congregation for the Evangelization of Peoples, in LE, vol. 5, col. 7359 (English translation in CLD, vol. 9, 996). 53 See WOESTMAN, Special Marriage Cases, 64. 4“[...] ob peculiaria regionis adiuncta, præsertim ob exiguum in regione numerum catholicorum, vitare non potuisse matrimonium atquæ in eodem vitam catholicas religioni congruam ducere non potuisse” (Ut notum est, no. IV, in LE, vol. 5, coi. 6703 [English translation in WOESTMAN, Special Marriage Cases, 130]). 55 Ibid.
