unpublished glossary

unpublished glossary

Elements, Essential:  An essential elements of marriage is orientation toward mutual help mutuum adiutorium  [Raymond Leo Cardinal Burke. “Recent Jurisprudence of the Supreme Tribunal of the Apostolic Signature regarding So-Called New Grounds of Nullity.” Canon Law Conference for Canonists and Civil Attorneys.” La Cross, Wisconsin: Shrine of Our Lady of Guadalupe. 10 August 2011]

Legitimate Separation: The occurrence of one spouse ceasing living with the other spouse for a morally legitimate reason. Only when there is danger of delay, is one spouse free to separate on his/her own authority. Thereafter, the spouse supposed to initiate a canon law action of marriage separation.  In all circumstances, the Church never ceases to endeavor to bring about reconciliation. [Multiple Sources “Principles Applicable to Cases of Separation”; Pope Leo XIII Arcanum, n. 41]

Love: The third theological virtue. Many acts are sins against charity. Many omissions are sins against charity. Some sins against charity towards one’s spouse are legitimate reasons for separation of spouses, (i.e. adultery, or dangerous abuse).  Feeling the love from one’s spouse is not a requirement of validity of marriage. Feeling the love toward one’s spouse is not a requirement for validity. [Menendez, Felix. Grounds of Matrimonial Nullity (III). Dr. Menéndez Youtube channel. Archdiocese of Atlanta. 1hr.03m.15s.]

Properties, Essential: Unity and indissolubility are the essential properties of marriage.  [1983 CIC canon 1056]

Tolerable Divorce:  Because the Church, not the State, has exclusive competence over marriage, nobody is to be his/her own judge to determine whether civil divorce/separation is tolerable.  Because cases of separation affect the other spouse, the parties’ children, and the Church society, it is a conflict interest for one to be his/her own judge. So, the Church requires one’s the bishop to judge if petitioning the civil forum is tolerable. A bishop can mandate a delegate to undertake his authority in such cases.  [Multiple Sources “Principles Applicable to Cases of Separation”]

Unity:  An essential property of marriage which means having one spouse at a time and only having the option for another after the other spouse dies. In other words, the property of unity means no polygamy. [Sources: Banares, Juan Ignacio. “Title VII Marriage.” Exegetical Commentary on the Code of Canon Law. Instituto Martin de Azpilcueta. Ed. Angel Marzoa, Jorge Miras, Rafael Rodriguez-Ocana. Woodridge, IL: Midwest Theological Forum, 2004. See canon 1056, pg. 1058-1060;  Menendez, Felix. What is Marriage. Dr. Menéndez Youtube channel. Archdiocese of Atlanta. 1hr.26m.06s.]