Sunday, October 28, 2012

348. When does the Church allow the physical separation of spouses?



348. When does the Church allow the physical separation of spouses?    

(Comp 348) The Church permits the physical separation of spouses when for serious reasons their living together becomes practically impossible, even though there may be hope for their reconciliation. As long as one’s spouse lives, however, one is not free to contract a new union, except if the marriage be null and be declared so by ecclesiastical authority.
“In brief”
(CCC 2382) The Lord Jesus insisted on the original intention of the Creator who willed that marriage be indissoluble (Cf. Mt 5:31-32; 19:3-9; Mk 10 9; Lk 16:18; 1 Cor 7:10-11). He abrogates the accommodations that had slipped into the old Law  (Cf. Mt 19:7-9). Between the baptized, "a ratified and consummated marriage cannot be dissolved by any human power or for any reason other than death" (CIC, can. 1141).    
To deepen and explain
(CCC 1644) The love of the spouses requires, of its very nature, the unity and indissolubility of the spouses' community of persons, which embraces their entire life: "so they are no longer two, but one flesh" (Mt 19:6; cf. Gen 2:24). They "are called to grow continually in their communion through day-to-day fidelity to their marriage promise of total mutual self-giving" (FC 19). This human communion is confirmed, purified, and completed by communion in Jesus Christ, given through the sacrament of Matrimony. It is deepened by lives of the common faith and by the Eucharist received together.
Reflection
(CCC 2383) The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law (Cf. CIC, cann. 1151-1155). If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense. (CCC 1649) Yet there are some situations in which living together becomes practically impossible for a variety of reasons. In such cases the Church permits the physical separation of the couple and their living apart. The spouses do not cease to be husband and wife before God and so are not free to contract a new union. In this difficult situation, the best solution would be, if possible, reconciliation. The Christian community is called to help these persons live out their situation in a Christian manner and in fidelity to their marriage bond which remains indissoluble (Cf. FC 83; CIC, cann. 1151-1155).   

(Next question: What is the attitude of the Church toward those people who are divorced and then remarried?)

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