Church Guidelines for Marital Separation

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I decided to post this, because I was told:

“In real life, this is a very little known Canon and I’d imagine that most pastors would not be aware of it let alone lay persons.”

http://www.vatican.va/archive/ENG1104/_P45.HTM

Seems like a very significant canon law to be unknown, especially by Pastors!

Do you think this should be a mandatory application for separation?
 
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Why not… ?

Arent we bound to adhere to Canon Law?
 
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I think we should include the original article that prompted this discussion:

https://www.osv.com/OSVNewsweekly/B...uples-get-bishops-permission-to-separate.aspx

I think it’s worth noting what canon lawyer Ed Peters (who is someone who is very much in favor of adhering to canon law such as with canon 915) says in the article:
“As much as I think the Code of Canon Law is underutilized as a guide to sound ecclesiastical practice today, in these kinds of cases, clear words from a trusted counselor are going to be more effective at helping people work out their marriage problems than a decree from the local ordinary would,” he said.
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You asked me what I thought.

Canon 1153.1

The marriage tribunal could be a ecclesiastical body.

I’m not a canon lawyer, this doesn’t seem to address all marital issues. I expect it would take someone with the correct training to interpret this. If you have this training, please expand on it more fully

If it is an important action, why does not the church address it by her actions? Maybe that is where the question should be posed.
 
People have the mistaken notion that marriage is a purely private affair of the husband and wife. It is obviously not the case, as weddings themselves are public in the Church, as the civil authorities are involved in sanctioning a marriage, as we have grand celebrations for weddings. The family is the basic building block of our society, and it is based on marriage. Society has an vested interest in each and every marriage. Hence divorce decrees come from civil authorities. The Church has an vested interest in each and every marriage. Why does it seem strange that the Church has a procedure to go trhough in order for a married couple to separate? Do we really want the Church not to have a say?
 
But why would it (counselling) be incomparable with the guideline?

I dont think it’s intended to neglect counseling.
 
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You have great insight!

Yes! Why do something apart from the Church?

If we seek the Church Form for Marriage, why would we neglect her during troubled times?

I think this canon took alot of effort and heart for clergy to produce. Neither do I believe it is opposed to the Holy Spirit.
 
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Mtatum1958 said:
You asked me what I thought.

Canon 1153.1

The marriage tribunal could be a ecclesiastical body.

I’m not a canon lawyer, this doesn’t seem to address all marital issues. I expect it would take someone with the correct training to interpret this. If you have this training, please expand on it more fully

If it is an important action, why does not the church address it by her actions? Maybe that is where the question should be posed.
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Right after your references canon:
Canon 1153.2 In all cases, when the reason for separation ceases, the common conjugal life is to be restored, unless otherwise provided by ecclesiastical authority
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The way I understand the point Peters is making is that having the bishop or his tribunal office assert their authority in this regard is not likely to have the desired affect of getting people to reconsider getting divorced. That does make sense to me. Seeing a headline in the current cultural climate about a bishop asking the couples in his diocese to come to him first if they want permission to divorce seems like it would not go over very well.

I’m not opposed to what the canon is saying, nor even necessarily to the things people like Bai Macfarlane are advocating. It does give me pause, though, that bishops and even a canon lawyer like Ed Peters aren’t rallying around what she is advocating. I feel there has to be a reason for that.
 
But it is canon law.

Do we have the discretion to pick and choose?
 
I understand your point. We don’t pick and choose. As to why bishops don’t highlight this particular canon, you’d have to ask a bishop. I’d also be curious to hear what they say about it.
 
Take note that the Church makes a distinction between separation of spouses and civil divorce.

Separation (with terms provided by the Church) is NOT the same thing as civil divorce.

The permitted reasons for separation are much wider than those of civil divorce.
 
Mtatum1958 said:
The marriage tribunal could be a ecclesiastical body.
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Sure… but it is one track minded, and requires a civil divorce to be in place before acknowledging!

Not to mention being strongly criticized by two previous Popes.
 
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Yes, that is true. Is your post about separation when the marital bond remains intact? Ultimately only the diocese, or church as the whole can enforce this.
 
You are asking for advice , legal, Canonical advice from the forum. This is against CAF Rules.
 
Yes, this thread and canon reference is about separation.

The Church is more strict regarding civil divorce.

The Church leaders have a duty to implement canon law. They are dropping the ball.

But I understand, because it’s a heavy burden. But neglecting it will cause the problem to grow
 
No, I’m asking Catholic’s opinions regarding Canon Law.

Do you take offense?
 
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You know full well we cannot discuss legal issues as opinion does not make a thing accurate. If you want an accurate stance, ask a Canon Lawyer.

There is also a danger people will read this thread and think people know what they are talking about. They don’t unless they are Canon Lawyers.

And I don’t see the few we have on CAF having responded on this thread.
 
Well, in that case, I will bow out. My ‘opinion’ about canon law carries no weight and offers no clarity for others.
 
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