Sarah Mitchell
Divorce is a complex issue within the Catholic Church, with a range of considerations and consequences for those choosing to end their marriages. While civil divorce is permitted, the Church does not recognise it, and Catholics who divorce and remarry without an annulment are considered to be committing adultery in the eyes of the Church. The Church grants annulments under specific circumstances, recognising the marriage but stating it failed to thrive due to factors like abuse, abandonment, or misrepresentation. The annulment process offers clarity, healing, and time for divorced Catholics, but it is not a requirement for civil divorce. These beliefs and practices have evolved over time, with the Church now prioritising better preparation for engaged couples to strengthen Catholic marriages and reduce divorce rates.
| Characteristics | Values |
|---|---|
| Divorce allowed? | The Catholic Church discourages divorce but does not prohibit it. Divorce is allowed under some circumstances (e.g. abuse, abandonment). |
| Remarriage | Remarriage after divorce is not allowed without an annulment as it would be considered adultery. |
| Civil divorce | Civil divorce is permissible within Catholicism, but the Church does not formally recognize it. |
| Separation | Separation is allowed, and the Church may even encourage it in cases of abuse. |
| Annulment | Annulment is an option for Catholics seeking divorce. It is a declaration that the marriage was not canonically valid. |
| Tribunal process | A formal consideration of the divorce by a bishop, who decides whether to apply a declaration of nullity. |
| Sacraments | Divorced Catholics can continue to receive Holy Communion and participate in the Sacraments. |
| Status in the Church | Divorce does not affect a person's status in the Catholic Church. |
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What You'll Learn
Civil divorce and remarriage
The Catholic Church does not recognise divorce in any form. However, it does not shun or turn away parishioners who have gone through divorce. Catholics are allowed to separate and can also complete a legal divorce by the secular state.
The Church teaches that marriage is a lifelong bond and a sacrament. As such, Catholics who wish to remarry after a divorce must first get an annulment, which is the Church's process of determining that a sacramental marriage never took place and is therefore invalid. An annulment can be granted if at least one criterion for sacramental marriage was not met. For example, if one person misrepresented themselves or began to abuse the other spouse, that would qualify for an annulment. The annulment process can be long, usually lasting about a year or longer, and involves a tribunal process where a bishop decides whether to apply a declaration of nullity to the end of the relationship.
If a Catholic marries a non-Catholic in a civil ceremony, the marriage is not valid in the eyes of God or the Church. As a result, if that person chooses to get married in the Church, their first marriage would not be considered valid, and they would be able to marry a Catholic.
The Church recognises that the moral "failing" of civil divorce varies according to individual circumstances. For example, separation may be necessary to protect the well-being of spouses or children in abusive relationships. In such cases, civil divorce and separation are permissible within Catholicism, but annulment is required before remarriage.
While the Church discourages divorce and remarriage, it does provide support for divorced Catholics. Some dioceses have initiatives to strengthen Catholic marriages, such as lengthening preparation periods and examining couples more closely to identify potential trouble spots in their relationships.
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Separation and annulment
Separation
The Catholic Church does not prohibit civil divorce, and Catholics are allowed to separate and even divorce by the secular state. However, the Church does not recognize legal divorce, and divorced Catholics are still considered married in the eyes of God and church law. This means that divorced Catholics cannot remarry within the Church, as that would be considered adultery. Despite this, the Church does not turn away parishioners who have gone through divorce, and they can continue to receive Holy Communion and participate in the Sacraments. Separation may be necessary, especially if the well-being of spouses or children is threatened, and the Church may encourage reconciliation or separation in cases of abuse or abandonment.
Annulment
Annulment is the process by which a marriage is declared null and void by the Catholic Church. It is concerned with the religious and spiritual elements of marriage, specifically the sacrament of marriage. To obtain an annulment, Catholics must go through the tribunal process, which involves a formal consideration of the divorce by a bishop. The outcome of the tribunal process will determine whether the individual can remarry within the Catholic Church. The grounds for annulment are determined by Church authority and may include circumstances such as misrepresentation, abuse, or the absence of essential conditions for contracting a valid marriage. It is important to note that not every annulment request is granted, and the burden of proof rests on the petitioner.
In summary, while separation and divorce are permissible within Catholicism, annulment is required for Catholics who wish to remarry within the Church. Annulment recognizes the failure of a marriage while maintaining the sanctity of the sacrament of marriage.
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Church's response to divorce
The Catholic Church's response to divorce has evolved over the centuries, with the Church today adopting a more proactive approach to strengthening Catholic marriages and providing support for divorced parishioners.
Historical Perspective
Historically, the Catholic Church opposed the legalization of civil divorce in Catholic countries. For instance, Pope Pius XI denounced the introduction of divorce in Republican Spain, considering it a "profane" act that threatened the "sanctuary of the family." The Church has long held that marriage is a sacrament and an indissoluble union between a man and a woman, reflecting the union of Christ and the Church. This belief is rooted in biblical passages such as Matthew 19:6, which states, "What God has joined together, let no one separate."
Church Law and Annulment
According to Catholic doctrine, marriage is a lifelong bond, and divorce is not recognized in Church law. However, the Church does allow for annulment, which is a declaration that the marriage was not canonically valid due to certain impediments. Annulment differs from civil divorce as it acknowledges that the marriage existed but failed to thrive, and it focuses on the religious and spiritual aspects of the union. The grounds for annulment are determined by Church authority and are typically granted in cases of misrepresentation, abuse, or abandonment.
Divorce and Remarriage
While civil divorce is permitted within Catholicism, the Church teaches that divorced Catholics who wish to remarry must first obtain an annulment of their previous marriage. This is because, in the eyes of the Church, a person is still considered married and, therefore, not free to remarry. The process of obtaining an annulment involves a tribunal, where a bishop examines the circumstances of the divorce and decides whether to grant a declaration of nullity. This declaration is necessary for Catholics who wish to remarry in the Catholic Church.
Support for Divorced Parishioners
The Catholic Church does not shun or turn away parishioners who have gone through divorce. Instead, it encourages them to remain involved in their church communities. The Church recognizes the emotional challenges associated with divorce and provides resources for healing and spiritual growth. Additionally, the Church has initiatives to better prepare engaged couples for marriage, aiming to strengthen the institution of marriage and reduce divorce rates.
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Divorce and excommunication
Divorce alone is not a cause for excommunication in the Catholic Church. However, divorce and remarriage without an annulment may result in excommunication. The Catholic Church views marriage as a lifelong bond and does not formally recognize divorce.
In 1884, the United States Catholic bishops established a regional law that automatically excommunicated Catholics who divorced and remarried without an annulment. This law only applied to Catholics in the United States. The 1917 Code of Canon Law, which was in effect until 1983, also allowed for the excommunication of Catholics who divorced and remarried without an annulment. However, this excommunication was not automatic, and the bishop had to formally excommunicate the individual. The bishop would first warn the person to separate from their civil spouse, and if they refused, the bishop would then excommunicate them.
In 1977, Pope Paul VI rescinded and halted all excommunications for divorced and civilly remarried Catholics, including those who had been automatically excommunicated under the regional law in the United States. The current Code of Canon Law, promulgated in 1983, does not contain any sanctions against divorced and remarried Catholics. While divorce and remarriage may be considered morally wrong or sinful, it is not punishable under canon law as a crime.
Catholics who are considering divorce can separate and even legally divorce by the secular state. The Church may permit separation or divorce in cases of abuse, abandonment, or other valid reasons. However, Catholics who choose to remarry after a divorce must go through the "tribunal process," in which a bishop decides whether to apply a declaration of nullity to the previous marriage. If a declaration of nullity is awarded, the individual is free to remarry in a Catholic Church. Without this declaration, they can still remarry but outside of the Catholic Church.
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Grounds for annulment
The Catholic Church does not formally recognize divorce. According to the Church, marriage is a lifelong bond, and Catholics believe that marriage is a permanent bond. However, the Church does not shun or turn away parishioners who have gone through divorce.
If a Catholic wishes to remarry after a divorce, they must first obtain an annulment. An annulment is a declaration by the Church that a marriage thought to be valid was not legally binding. The annulment process can provide divorced Catholics with clarity, healing, and time.
Catholic canon law recognizes three areas in which a wedding may fail to bring about a valid marriage and constitute grounds for annulment: lack of capacity, lack of consent, and lack of form.
Lack of Capacity
Lack of capacity refers to a defect in the psychological capacity of one of the parties. This can include cases of extreme immaturity, psychosis, or neurosis. It can also include cases where one party is a drunk domestic abuser.
Lack of Consent
Lack of consent can occur when one party enters into marriage without the intention of fidelity, excluding unity and invalidating the marriage. It can also occur when a party enters into marriage with the understanding that they can always get a divorce if things don't work out.
Lack of Form
Lack of form refers to the canonical form by which marriages involving at least one Catholic are governed. A Catholic ordinarily must observe canonical form for their marriage to be valid. If a Catholic wishes to marry in another way, such as observing their fiancé's Protestant form, they must obtain a dispensation from their bishop, usually through their local pastor. Failure to obtain this dispensation results in a lack of canonical form, which constitutes grounds for annulment.
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Frequently asked questions
Catholics are allowed to get divorced, but the Church does not recognize legal divorce. Catholics who get divorced cannot remarry and remain in Communion with the Catholic Church as their second marriage" would be considered adulterous.
The Catholic Church recognizes that some marriages may need to be annulled. Annulment is a declaration by the Church that a marriage was not canonically valid. The Church grants annulments under a narrow set of circumstances, such as abuse, abandonment, or misrepresentation.
To get an annulment, Catholics must go through the tribunal process. This process involves a formal consideration of the divorce by a bishop, who decides whether to apply a declaration of nullity to the end of the marriage. The outcome of the tribunal process will affect the individual's ability to marry in the Catholic Church in the future.
