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

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promises to be made in the case of a mixed marriage. Accordingly, the Catholic party makes the following declaration:

In the presence of the undersigned priest, I hereby promise to practice my faith, and to fulfill to the best of my ability my obligation to have all children who may be bom to our marriage baptized in the Catholic Church and carefully raised in the knowledge and practice of the Catholic faith.

The non-Catholic party declares:

In the presence of the undersigned priest, I hereby promise that I shall permit my spouse to practice the Catholic religion and to fulfill the solemn promise that all the children of our marriage will be baptized and raised only in the Catholic faith.

Although it is arguable that “practising the faith,” as in the text of the promises proposed by the Congregation, is a more encompassing demand than “removing dangers of departure from the faith,” as inc. 1125 and art. 5, § 1, the proposed text of the cautiones follows c. 1125, as far as the obligations of the Catholic party are concerned. On the other hand, unlike in c. 1125, which requires that the other party be simply informed of the promises made by the Catholic party, the non-Catholic party is also obliged to make the promise that he or she will permit the Catholic spouse in the marriage to be contracted after the dissolution of the previous union to practice the Catholic religion and to fulfill the promise to have all the children baptized and raised only in the Catholic faith.33

Some commentators postulate, therefore, that the cautiones should be interpreted in light of the promises required for mixed marriages (cc. 1124-1129).34 On this occasion, however, a distinction might be added that the circumstances differ notably between the case of the promises for mixed marriages (c. 1125)

by the present undersecretary of the Congregation for the Doctrine for the Faith, Joseph Augustine DiNoia, O.P.), namely Notes Regarding the Documentary and Procedural Aspects of Favour of the Faith Cases with the text of the promises which is identical to the one communicated in 2002.

33 In the correspondence of the Congregation for the Doctrine of the Faith with a certain bishop, the following promises were required, under the 1973 Norms. For the Catholic party: “In the presence of the undersigned priest, I solemnly promise to fulfill my obligation as a Catholic to have all the children who may be bom to our marriage baptized only in the Catholic Church and carefully brought up in the knowledge and practice of the Catholic Church [sic!]” (W.A. Schumacher and L. JArrell [eds.], Roman Replies and CLSA Advisory Opinions 1990, Washington, DC, Canon Law Society of America, 1990, 29-30). What is lacking, is the promise regarding the faith of the Catholic party. For the non-Catholic party: “In the presence of the undersigned priest, I hereby promise that I shall not prevent my spouse from practising the Catholic religion and fulfilling the solemn promise that all the children of our marriage will be baptized and brought up only in the Catholic faith” (ibid., 30).

34 See J. Kowal, “Nuove ‘Norme per lo scioglimento del matrimonio in favorem fidei',” 493; Aznar Gil, “Nuevas normas sobre la disolución del vinculo matrimonial no sacramental,” 165.