Eastern Catholics & Remarriage

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Does the Eastern Catholic Church follow the Orthodox practice on re-marriage of divorcees, or does it follow the Latin doctrine on marriage being for life?

I realise the Catholic Church says that the East and West are different expressions of the same faith, but I’d find it hard to see how allowing divorcees to re-marry and not allowing them to could be seen as parts of the same doctrine? Either marriage is for life or it isn’t.

Also, as the Catholic Church recognises the validity of Orthodox sacraments, what is the Catholic position on the validity of an Orthodox second marriage?
 
DL82 said:
Does the Eastern Catholic Church follow the Orthodox practice on re-marriage of divorcees, or does it follow the Latin doctrine on marriage being for life?

I realise the Catholic Church says that the East and West are different expressions of the same faith, but I’d find it hard to see how allowing divorcees to re-marry and not allowing them to could be seen as parts of the same doctrine? Either marriage is for life or it isn’t.

Also, as the Catholic Church recognises the validity of Orthodox sacraments, what is the Catholic position on the validity of an Orthodox second marriage?
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The Ruthenian Catholic Church, at least, holds to the Catholic view.
 
DL82 said:
Does the Eastern Catholic Church follow the Orthodox practice on re-marriage of divorcees, or does it follow the Latin doctrine on marriage being for life?

I realise the Catholic Church says that the East and West are different expressions of the same faith, but I’d find it hard to see how allowing divorcees to re-marry and not allowing them to could be seen as parts of the same doctrine? Either marriage is for life or it isn’t.

Also, as the Catholic Church recognises the validity of Orthodox sacraments, what is the Catholic position on the validity of an Orthodox second marriage?
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The Catholic Churches of the East are not different from the Latin Church in this regard. They have their own tribunals (*) and basically the same canon laws on marriage and marriage nullity cases.

In fact, the canons of the Eastern and Latin Churches on marriage and processes to investigate the nullity of marriage are often identical. There are exceptions, of course. Catholic Churches of the East have one impediment to marriage that does not exist in the Latin Church — spiritual relationship, but that is dispensible. Of course, the canonical form of marriage is also different.

In both the Catholic Eastern and Latin Churches, a loosening of the bonds by an Orthodox hierarch would not be considered as sufficient to establish the freedom of a person to marry in one of them. There would have to be a Catholic tribunal process. A “second marriage” would not be possible unless an affirmative decision were given by a Catholic tribunal.

(*)The Eastern Catholic Churches have their own tribunals. However, if an given Eastern Church does not have an established hierarchy in a territory, its marriage cases might be tried by another Eastern Church’s tribunal or that of a Latin Church diocese.
 
Our Lord Himself says in Matthew 19:
And there came unto him Pharisees, trying him, and saying, Is it lawful for a man to put away his wife for every cause?
4 And he answered and said, Have ye not read, that he who made them from the beginning made them male and female,
5 and said, For this cause shall a man leave his father and mother, and shall cleave to his wife; and the two shall become one flesh?
6 So that they are no more two, but one flesh. What therefore God hath joined together, let not man put asunder.
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That being said, the Catholic Church (Latin or Eastern) does have the authority to dissolve NATURAL marriages (that is, non-sacramental marriages involving one or more non-baptized persons). This is granted by the bishop under the Pauline Privilege.

I believe the Eastern practice of divorce and remarriage was introduced by secular Byzantine authorities and later adopted by the Church…a novelty.
 
One of the protopresbyters for the Ruthenian Eparchy of Parma (Fr. Bryan Eyman) said over facebook that “For centuries after the various Church Unions the Byzantine Catholic Churches continued the practice of permitting remarriage after the granting of an ecclesiastical divorce. [with appropriate penance etc.]”. Here’s the link, which you may or may not be able to see (just join the group “Byzantine Catholic”):

facebook.com/groups/2204820949/?ref=ts

I have also heard from a less authoritative (and less confident) source that this was canonically permitted in Ukraine until 1917 by the Ukrainian Catholic Church.
 
Cecilianus said:
One of the protopresbyters for the Ruthenian Eparchy of Parma (Fr. Bryan Eyman) said over facebook that “For centuries after the various Church Unions the Byzantine Catholic Churches continued the practice of permitting remarriage after the granting of an ecclesiastical divorce. [with appropriate penance etc.]”.

I have also heard from a less authoritative (and less confident) source that this was canonically permitted in Ukraine until 1917 by the Ukrainian Catholic Church.
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I don’t doubt the historical accuracy of Fr. Eyman’s statement, nor the comment regarding practice in the Ukraine up to the early 20th century, but many things were and are different in the “Old Country” than here in the US and elsewhere for the Eastern Catholic Churches (married priesthood, for example).

That said, these observations predate the Code of Canons of the Eastern Churches (effective 1 Oct 1991). I do believe cameron_lansing 's previous post is factually accurate, based on today’s standards and canon law.
 
Please note that what we refer today as a decree of nullity due to a perfectly acceptable ground may have been referred to as divorce in the past, with less perfect terminology. This is true, for example, of the mediaeval “divorces” of Catholic monarchs, as history books call them (even Napoleon’s “divorce” from Josephine was a nullity decree, notwithstanding some problems with it). And penance would be proper in situations such as those which give rise to a prohibition to attempt marriage without the consent of one’s ordinary (the vetitum), especially in the case of simulators or liars or perpetrators of abduction.
 
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Cecilianus said:
Here’s an article written by Cardinal Ratzinger stating the possibility of permitting divorce in the future in the Eastern Churches, with a mind toward Orthodox-Catholic reunion:

pathsoflove.com/texts/ratzinger-indissolubility-marriage/
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A quote from it:
First of all, against a misunderstanding that is becoming ever more wide-spread, what is fundamentally common to both structures must be here underlined. Even the eastern Churches’ very extensive practice of divorce retains the structure of the position of Origen-Basil. That is to say, also for them there can be no valid sacramental marriage while the first spouses are alive; the second marriage does not become a properly ecclesial marriage.

It remains a tolerated marriage, and the reception of the sacraments is permitted by way of tolerance (today termed economy).
 
I stumbled upon this thread while I was looking up other things from a recent thread. I’m extremely confused now. So divorce is allowed in the Eastern Church? How is this even remotely possible considering the Church teaching on marriage? What is an ecclesiastical divorce? How can the Pope of all people consider the possibility of divorce in the future? this is very disturbing to me. Anybody?
 
lucky4075 said:
I stumbled upon this thread while I was looking up other things from a recent thread. I’m extremely confused now. So divorce is allowed in the Eastern Church? How is this even remotely possible considering the Church teaching on marriage? What is an ecclesiastical divorce? How can the Pope of all people consider the possibility of divorce in the future? this is very disturbing to me. Anybody?
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The Orthodox Church allows, in some cases, those who have divorced to remarry through economia.

It is a myth often perpetuated that you “get” three divorces, you don’t.

People can get a first marriage as easily in the Orthodox Church as in the Catholic. A priest might refuse to marry you if he thinks you’re a horrible fit, but that’s pretty extreme.

People can get divorces. This is a fact of life and something neither the Catholic Church or the Orthodox Church can control. I know several divorced members of both churches.

An individual in the Orthodox Church can seek a second marriage. They will only be allowed to have it under certain conditions, conditions which are similar to what would be required for a Catholic Annulment (although from what I’d seen, it is somewhat more difficult these days).

If that marriage fails the individual will NOT under any circumstances, no matter the reason, be granted a third marriage.

However some people can become eligable for a “third” marriage, if one of their first two marriages ended in death. Marriage after death is discouraged, but does not hold the same accompanying issues that come with “divorce”.

Unlike the Catholic Church another marriage after this point is NEVER granted, for any reason.

I suppose to sum it up, divorce is allowed in the east, but it isn’t cut and dried, and it has some harsh strings attached, harsher even than the Catholic rules on remarriage.
 
Thanks 9-2 for the Orthodox view, but I think I should have been more specific. I’m really confused now. So the Byzantine Catholic (Eastern Catholic) allow for divorce? this shouldnt be possible according to church teaching.
 
lucky4075 said:
Thanks 9-2 for the Orthodox view, but I think I should have been more specific. I’m really confused now. So the Byzantine Catholic (Eastern Catholic) allow for divorce? this shouldnt be possible according to church teaching.
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No.

The Latin and eastern Catholics have the same divine law expressed in the Latin Church canon law (CIC) and the eastern Catholic canon law (CCEO).
 
Cecilianus said:
Vico, see the article I linked above from Cardinal Ratzinger disagreeing with you. Also, here’s part I of a series of articles I wrote on my blog, with more detailed arguments (pardon the problems with indentation):

byzantinechesterton.blogspot.com/2012/01/divorce-in-catholic-church-part-i.html
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I read it before. Excerpt from that by Cardinal Ratzinger that expresses the divine law shown in the 1983 CIC and 1990 CCEO canons:

First of all, against a misunderstanding that is becoming ever more wide-spread, what is fundamentally common to both structures must be here underlined. Even the eastern Churches’ very extensive practice of divorce retains the structure of the position of Origen-Basil. That is to say, also for them there can be no valid sacramental marriage while the first spouses are alive; the second marriage does not become a properly ecclesial marriage.

It remains a tolerated marriage, and the reception of the sacraments is permitted by way of tolerance (today termed economy).
 
Vico said:
I read it before. Excerpt from that by Cardinal Ratzinger that expresses the divine law shown in the 1983 CIC and 1990 CCEO canons:

First of all, against a misunderstanding that is becoming ever more wide-spread, what is fundamentally common to both structures must be here underlined. Even the eastern Churches’ very extensive practice of divorce retains the structure of the position of Origen-Basil. That is to say, also for them there can be no valid sacramental marriage while the first spouses are alive; the second marriage does not become a properly ecclesial marriage.

It remains a tolerated marriage, and the reception of the sacraments is permitted by way of tolerance (today termed economy).
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Hw can this possibly be allowed though?! This flies in the face of everything I’ve learned from a Roman perspective. The Church is unified under the Pope, so the whole body has the same beliefs etc, how can this be allowed?
 
Maybe I’m missing something here, I’m asking about Eastern Catholics (in communion with Rome- part of the Catholic Church, not Eastern Orthodox). Divorce and remarriage simply isnt possible. There can be annulment- which finds a valid marriage never took place.
 
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