D
dans0622
Guest
First of all, regarding Pauline privilege, both parties begin married life unbaptised. Then, one is baptised. The other doesn’t want to live with the newly baptised and leaves the marriage. The baptised person can then marry again, thereby dissolving the first marriage bond. This process can work for any Christian, even if they don’t know it.
So, in answer to the original question–no, one party has to receive baptism in order for this privilege to work. If both parties are baptised, this privilege will not work. If neither party is baptised, it will not work. Perhaps in the case of the OP, the man’s first wife was baptised. Cf. 1. Corinthians 7 and the Code of Canon law, cc. 1143-1150.
Regarding Petrine privilege/favor of the faith–this is different than non-consummation cases. There is nothing in the Code that, specifically, addresses the Petrine privilege. But, as noted earlier, there is legislation present on non-consummated marriages, whether sacramental or not. These can be dissolved by the Pope, as the canon says.
The bottom line is: sacramental, consummated marriages can only be dissolved by death. So, that means that non sacramental marriages and non consummated marriages *can *be dissolved. Non sacramental marriages can be dissolved by the Pauline privilege or by the Petrine privilege. Then, as I said earlier, non-consummated marriages are another case.
The CLSA commentary is speaking about the fact that the Pope can dissolve a non-consummated marriage and also a non-sacramental, consummated marriage. A non sacramental marriage can be one with no baptised party (which is a Pauline privilege case) or a marriage with one baptised party (this is where the Petrine privilege can apply.)
Dan
So, in answer to the original question–no, one party has to receive baptism in order for this privilege to work. If both parties are baptised, this privilege will not work. If neither party is baptised, it will not work. Perhaps in the case of the OP, the man’s first wife was baptised. Cf. 1. Corinthians 7 and the Code of Canon law, cc. 1143-1150.
Regarding Petrine privilege/favor of the faith–this is different than non-consummation cases. There is nothing in the Code that, specifically, addresses the Petrine privilege. But, as noted earlier, there is legislation present on non-consummated marriages, whether sacramental or not. These can be dissolved by the Pope, as the canon says.
The bottom line is: sacramental, consummated marriages can only be dissolved by death. So, that means that non sacramental marriages and non consummated marriages *can *be dissolved. Non sacramental marriages can be dissolved by the Pauline privilege or by the Petrine privilege. Then, as I said earlier, non-consummated marriages are another case.
The CLSA commentary is speaking about the fact that the Pope can dissolve a non-consummated marriage and also a non-sacramental, consummated marriage. A non sacramental marriage can be one with no baptised party (which is a Pauline privilege case) or a marriage with one baptised party (this is where the Petrine privilege can apply.)
Dan