Non-consummated marriage can be dissolved?

[Ana_v]

Can. 1142

A non-consummated marriage between baptised persons or between a baptised party and an unbaptised party can be dissolved by the Roman Pontiff for a just reason, at the request of both parties or of either party, even if the other is unwilling.

I want to make sure that I am understanding correctly. Does this mean that, even if the a marriage between two Catholics is validly contracted – they marry according to the form prescribed by the Church and meet the criteria for a valid marriage – it can nonetheless be dissolved so long as the spouses have no relations? Does such a situation need to be verified (not sure how it would be), or, is the spouse taken at his/her word, when stating that his/her marriage has not been consummated?

Next, here is the other portion I hope for clarification on:

Can. 1143 §1.

A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs.

Examples (hypothetical or real) help me to understand.

So for example, would this apply to a scenario in which say, a civil marriage is contracted between two-atheists, is consummated, but down the road, one of the spouses later converts to Catholicism, and marital problems arise such that the still-atheist spouse initiates divorce… the Catholic spouse will become free to enter into a new marriage? The previous marriage was valid, but dissoluble?

What about the same scenario, except that instead of Catholicism, one spouses converts to Protestantism (and is baptized), the other remaining an atheist? Since the Church recognizes Protestant baptism, would the Church recognize as a valid, a new marriage entered into by the Protestant?

 

[sistermouse]

That last one threw me for a loop!! Wow, life can really get complicated!!

 

[JimG]

Here is an article about the Pauline Privilege.

 

[Warrior1979]

The simple way of viewing this issue is that non-sacramental marriages can be dissolved, whereas sacramental marriages cannot (i.e., those marriage between spouses validly baptized; also assuming consummation). With regard to your specific circumstances with consummated marriages, none are sacramental, and could theoretically be dissolved. It is not as easy as you make it sound, though, since conditions apply.

With regard to the unconsummated marriage, yes, it can be dissolved. Note that conditions apply: for just reason and by the Pope. This type of situation is problematic, because if the couple has been together in private at all, it is assumed the marriage is consummated.

 

[JimG]

As for unconsummated marriage, please see the 3rd question down, here.

An unconsummated marriage is a valid marriage, but it is dissoluble, and may be dissolved by the pontiff for a good reason.