**Art. 4
For the concession of the favour of the dissolution of the bond, at the moment it is given, it is required that:
1º there is no possibility of resuming the partnership of conjugal life;**
What is meant here by “no possibility of resuming the partnership of conjugal life”? When is the requirement fulfilled?, since there is always a possibility of conjugal life resuming due to a possible miracle on the ex spouse’s part, etc.
In the real world, one does not look at the possibility of a couple, divorced in their 30’s, having any likelihood of remarrying in their 60’s. Add to this the simple fact that most, meaning the vast majority, of people who have gone through a divorce are not going to apply to the tribunal while the ink is still wet on the judge’s signature.
Although occasionally there will be one party to a divorce still wishing to get back together, it is a rare circumstance; and in my experience, it often is a matter that the party so wishing has a very unrealistic view of what the marriage life constituted. Meaning, they give the appearance of not being particularly strongly associated with reality. Further, if one so desired reconciliation, the likelihood is that they are not the party seeking a decree of nullity - thus the matter is self-correcting.
The tribunal is not a criminal court, requiring proof beyond a reasonable doubt; and while its judgments on not infallible, those involved in the decision take their duties seriously and make all reasonable inquiries. If they are dealing with the petitioner of the original divorce, they are dealing with the person most likely having no intent whatsoever of getting back together. If they are dealing with the respondent, it is not all that difficult to determine the current, post-divorce relationship (which often appears to be more difficult than the pre-divorce relationship), all of which is relevant evidence that there is no likelihood of reconciliation. It really is not that difficult to determine - particularly when open-ended questions are used to elicit information which the individual seeking the decree of nullity does not know the purpose.
Only in a fantasy world is there “always a possibility of conjugal life resuming due to a possible miracle on the ex spouse’s part, etc.”. God does not play games with people or with their conscience. There are many relationships which the civil world calls “marriage” which have, at their base - as of the date of the marriage - an impediment to a valid marriage. In some cases, that is never going to change. In others, the damage which occurred during the period of the marriage guranatees no reconciliation. In rare cases people do reconcile; and the likelihood is that those cases never get to the starting point of seeking a decree of nullity. God simply does not go around “zapping” people to make them someone other than who they are.
