- Posted by Mary's Advocates
- On July 22, 2016
Page 137: “The injured spouse has the right to petition the public ecclesiastical authority to force the return of his partner who has departed for an unjust reason.”
Page 145: “Adultery is the only ground for perpetual separation; all the others are a basis for temporary separation only. This crime gives the innocent consort the right to live forever apart from the guilty one. In cases of separation for other grounds, when the reason for separation ceases, the separation must likewise come to an end. The Ordinary or ecclesiastical judge in his decree or sentence, may grant separation for other causes besides adultery, for certain or definite periods of time, e.g. six months. He may also grant permission for the spouses to separate for an uncertain or indefinite length of time, e.g. until revocation by himself of his decree, or until cessation of the reason for which the separation was granted. In these cases, marital life must be resumed when the period of time has elapsed, when the Ordinary revokes his decree, or when the cause has ceased.”
Page 151: “The Rota holds that all causes no matter what their nature, must have one effect, i.e. danger of grave spiritual or corporal loss”
Page 151: serious quarrels do not make the right for separation and divorce, but could be reason for censure and correction.
Page 179: Rota judge takes to task modern theologians for lax stance.
Page 203: “In some instances the church out of tolerance delegates by concordat her power over separation cases to the civil authority. The civil judge deciding these cases according to the provisions of the Concordat acts licitly and validly, providing nothing is done in them against divine or ecclesiastical law, and the consorts likewise act licitly in submitting their cases to his judgment.”
Page 218-220: “In [English-speaking] countries, a Catholic could petition the civil courts for a divorce under the following conditions, all of which must be verified in a particular case: 1) In every instance the permission of the local Ordinary is necessary in order that a Catholic seek a civil divorce. […] 4) There must be present a causa gravissima, not only of the private order, but of a public order as well [(Mary’s Advocates’ note) public order means that the ecclesiastic public authority, i.e. local Ordinary, or his delegate, has affirmed that there is causa gravissima.) […] The safest procedure would be for the Ordinary to treat all cases of civil divorce petition first as ecclesiastical separation cases.”
Page 237, 239: “It is a general principle of law that, after separation, that children are to be given in custody to the innocent party. This rule is the enumerated by the Roman law. […] If the father were the cause of the separation, the children were to be raised by the mother at the father’s expense. If the mother were the cause, they were to be raised by the father at the mothers expense, especially in a case where she was wealthy”
Pages 239, 241: “Father and mother were considered as correlative in regard to the matter expenses. […] If the husband is the cause of the separation […] he is bound to support her [the wife] for the rest of her life if the separation is perpetual in the same manner he was supporting her before the separation took place. […] If the mother were the cause, they [the children] were to be raised by the father at the mother’s expense, especially in a case where she was wealthy”
Pages 243-244: The silence of the code forces the conclusion that illegitimate separation is not a delict in the strict sense of the law, because no canonical sanction saltem indeterminata has been attached to it. It cannot, then, be grounds for criminal prosecution against the guilty party. The Ordinary, however, can protect and enforce the rights of the innocent party, victim of illegitimate abandonment by the other, with the judicial or administrative sanctions. […] For principles concerning the nature and gravity of the sin committed by consorts who separate illegitimately as regards cohabitation, the reader is referred to writings of moral theologians” [Forbes cites Prummer, Merkelback, Noldin, Genicot, Lehmkuhl, Sabetti-Barrett].