I dont know much about it all and only speculating. Marriage is a Sacrament and for life “What God has joined together, let no man put asunder” and if a man enters monastic life and is married, his wife would still have marital rights that could be asserted. If the male entered monastic life and the female religious life (which cannot be done today without the death of the other or an annulment of marriage by The Church) and either decided to leave, that person would still have marital rights over the other.
When I decided to make private vows after my then husband had divorced me, I was adivised by a theologian to apply for annulment (he felt I had grounds) to enable me to be “completely free” to make private vows. I made private vows for a year only each year until my annulment actually came through. An annulment is a declaration by The Church that a valid marriage never existed in the first place. When I received my annulment notifaction (still on file here), it stated that “you are now completely free of the bonds of marriage” and this then enabled me to discern perpetual private vows, which was why I had applied for annulment - or to enter religious life. With the annuolment, my ex husband had no marital rights over me and our supposed bond of marriage was declared as non existent.
As I understand things in religious life for example, a person who had been married cannot enter the life unless they have an annulment. If they did, it would be invalid. They are not free in Church Law to make the vows of religious life as the bonds and vows of marriage and their Sacramental marriage and all it implies is for life and remains so for life. Unless one or other in the marriage is deceased and/or the marriage has been annuled by The Church.
At the time of the Nicene Council, the understanding of marriage was not understood as it is today I dont think.
Today, Third Orders and other types of spiritual organizations exist in The Church for the married and both may enter these; however, their marital bonds and all it means remains.
I dont think it impossible under Canon Law (while being no Canon Lawyer in any way whatsoever) that a married couple could lead a monastic type of lifestyle and perhaps with other couples; however they would not be able to make the religious vow of celibate chastity, rather they are called by their marriage vocation from God to the bonds of marriage and for life and all that that bond implies. They could make a private vow to marital chastity. This would not be religious life per se and at this point anyway not a consecrated life (which is a public consecration by a bishop) Rather it would be a life dedicated to God under private vows.
Approval of new forms of religious life is reserved to The Holy See, although I think that a bishop could approve of such a way of life for his diocese only. Unsure.
PROMULGATION OF THE NEW CODE OF CANON LAW
**APOSTOLIC CONSTITUTION **
**Sacrae Disciplinae Leges **
(1983)
ourladyswarriors.org/canon/promulgate.htm
Canon Law
vatican.va/archive/ENG1104/__P24.HTM
Can. 643 §1. The following are admitted to the novitiate invalidly:
1/ one who has not yet completed seventeen years of age;
2/ a spouse, while the marriage continues to exist;