Folia Canonica 8. (2005)

STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith

100

WOJCIECH K.OWAL OMI

caused its failure, on condition, however, that the mutual guilt or responsibility was clearly and conclusively demonstrated.43

Moreover, no. II, § 3 of Ut notum est stipulated the condition that the Catholic party with whom the new marriage is to be contracted did not provoke the separation of the spouses by his/her own fault.44 The present norm is inclusive in this regard: also a non-Catholic party (with whom the planned marriage is to be contracted) is not to be guilty of provoking the failure of the marriage subject to petition for dissolution.

Article 6 of Potestas Ecclesiœ repeats stipulation no. VI of Ut notum est45 that the dissolution of a new bond of a marriage contracted or convalidated after having obtained the dissolution of a prior marriage in favour of the faith, will not be admitted for examination by the Congregation.46 This restriction is imposed not because of any doubt as to the limits of the papal power concerning dissolution of non-sacramental marriages, but for prudential reasons. For the Preface states unequivocally:

The Roman Pontiff, certain of the [existence of the] power which the Church enjoys to dissolve the marriages between non-Catholics, at least one of whom is not baptized, has not hesitated to address the new pastoral needs by introducing the practice of exercising in individual cases this power of the Church, as long as, after an examination of all the circumstances in each case, it would seem it should be done in favour of the Faith and for the good of souls.47

We could conclude that it would not be opportune for the legislator to grant dissolutions in such circumstances, i.e., if a previous non-sacramental marriage had already been dissolved in favour of the faith.

Article 7 of the new Norms seems to accommodate private responses given over the years by the Congregation for the Doctrine of the Faith48 concerning pe43 See WOESTMAN, Special Marriage Cases, 62-63.

44 See in LE, vol. 5, col. 6702 (English translation in Woestman, Special Marriage Cases, 130).

45 See in ibid., col. 6703 (English translation in Woestman, Special Marriage Cases, 131).

46 See Potestas Ecclesiœ, 9.

47 “Romanus pontifex, certus de potestate qua gaudet Ecclesia solvendi matrimonia inter acatholicos, quorum saltem alter non sit baptizatus, non dubitavit novis necessitatibus pastoralibus occurrere, inducendo praxim exercendi in singulis casibus hanc Ecclesiœ potestatem si, post examen omnium adiunctorum quæ in unoquoque casu concurrunt, id in favorem fidei et bonum animarum oportere ipsi videatur” (Preface, in Potestas Ecclesiœ, 5).

48 See Congregation for the Doctrine of the Faith, Letter to Bishop of Pittsburgh, 5 April 1976, in LE, vol. 5, no. 4442, col. 7183 (English translation in J.I. O’CONNOR [ed.], The Canon Law Digest [=CLD], vol. 9, Mundelein, II, Canon Law Digest, 1983, vol. 9, 995); Congregation for the Doctrine of the Faith, Letter of the Cardinal Prefect to the Cardinal Prefect of the Congregation for the Evangelization of Peoples, 19 Oc-