Joshua Bennett
Divorce is a term that refers to the mutual separation of married people. In Catholic theology, marriage is considered a sacrament instituted by God and Christ, and thus indissoluble by human action. The Catholic Church does not prohibit civil divorce, but it does not recognise divorce in the New Covenant. Instead, the Church offers annulment, which is a recognition that a marriage was not canonically valid. While divorce itself does not affect a Catholic's status in the Church, remarriage outside of the Church without a prior annulment is considered adulterous.
| Characteristics | Values |
|---|---|
| Divorce in Catholic | Divorce is not recognized in the New Covenant by Jesus and the Church. |
| Marriage in the eyes of the Church | A sacrament instituted by God and Christ, indissoluble by human action. |
| Civil divorce | The Catholic Church does not prohibit civil divorce. |
| Remarriage after civil divorce | A Catholic may not remarry after a civil divorce unless they have received an annulment (a finding that the marriage was not canonically valid) under a narrow set of circumstances. |
| Separation | Allowed for various causes, especially in the case of adultery or lapse into infidelity or heresy on the part of husband or wife. |
| Limited divorce | Leaves the marriage bond intact and implies only the cessation of common life (separation from bed and board, or in addition, separation of the dwelling place). |
| Absolute divorce | Implies the dissolution of the marriage bond. |
| Dissolution of marriage before consummation | Can be dissolved by solemn profession in a religious order or by an act of papal authority. |
| Dissolution of marriage after consummation | There can never be an absolute divorce, even in the case of adultery. |
| Dissolution of non-Christian marriage | Can be dissolved by absolute divorce under certain circumstances in favor of the Faith. |
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What You'll Learn
Divorce in Catholic means separation, not dissolution of marriage
The Catholic Church does not recognise divorce in the traditional sense, considering marriage to be indissoluble by human action. This is based on the teaching of Jesus, who, according to the Gospel of Matthew, forbade divorce, decreeing that "what God has joined together, let no man put asunder".
However, the Church does allow for separation from bed and board (or divortium imperfectum), which leaves the marriage bond intact while permitting the cessation of common life. This form of separation is mentioned by St. Paul in 1 Corinthians 7:11: "If she departs, let her remain unmarried or be reconciled to her husband". The Council of Trent affirmed the indissolubility of the marriage bond, even in cases of adultery, but also recognised that there may be occasions when a separation of husband and wife is necessary.
The Church also recognises the annulment of marriages, which is distinct from divorce. Annulment involves a judgement that a marriage was not canonically valid, thus rendering it invalid from the beginning. This can occur when a marriage takes place for the wrong reasons or due to ignorance of the true nature of marriage in the eyes of God.
While divorce is not prohibited by the Catholic Church, a Catholic who divorces and wishes to remarry must first obtain an annulment, as otherwise, they are still considered married in the eyes of the Church, and remarriage would be considered adultery.
In summary, while divorce in the civil sense implies the dissolution of a marriage, the Catholic Church views divorce as a separation of spouses while maintaining the indissoluble marriage bond.
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Remarriage after divorce is considered adultery
The Catholic Church does not prohibit civil divorce, but it does not allow remarriage after a civil divorce unless the individuals have received an annulment under a narrow set of circumstances. This is because the Church considers marriage to be a sacrament instituted by God and Christ, and therefore indissoluble by human action.
The Gospel of Matthew is often interpreted as allowing divorce and remarriage when one party has committed adultery. However, this interpretation is disputed. The word "" in the original Greek text is argued to refer to unlawful marriages, such as incestuous unions, rather than adultery.
According to the Catholic doctrine on divorce, there can never be an absolute divorce, or "divortium plenum/perfectum", in a Christian marriage, especially after consummation. This is based on the belief that marriage is indissoluble, even in cases of adultery, as stated in the Council of Trent's decree.
The Church does allow for a limited divorce, or "divortium imperfectum/separation from bed and board", in various cases, including adultery, infidelity, or heresy. This type of separation allows for the cessation of common life while keeping the marriage bond intact.
While the Eastern Orthodox Church permits divorce and remarriage in church under certain circumstances, its rules are generally stricter than civil divorce laws. In the Orthodox tradition, marriage is considered "indissoluble", and remarriage after divorce is considered an act of compassion by the Church towards sinful man.
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The Catholic Church does not prohibit civil divorce
The Catholic Church has a complex and nuanced view of divorce, and while it does not prohibit civil divorce, it considers marriage a sacrament and believes that it is indissoluble. This belief is rooted in the Church's interpretation of Scripture, particularly the Gospel of Matthew, where Jesus forbids divorce, decreeing that "what God has joined together, let no man put asunder" (Matt. 19:6). This teaching is further reinforced by St. Paul, who states that a married woman is bound to her husband as long as he lives (Rom. 7:2-3).
The Church makes a distinction between divorce and annulment. Divorce, in the civil law context, refers to the dissolution of the marriage bond. On the other hand, annulment, from the Church's perspective, examines the validity of the marriage in the first place, according to Gospel and Church doctrine. The Church teaches that a valid marriage is a sacrament and cannot be dissolved by any authority, including civil authority. This is based on the understanding that marriage is a covenant between God and the spouses, reflecting God's unconditional love for humanity.
However, the Church does allow for limited divorce, or 'divortium imperfectum', which involves a separation of spouses while maintaining the marriage bond. This type of divorce allows for a cessation of common life, or 'separation from bed and board', and may be permissible in cases of adultery, infidelity, or heresy by one of the spouses. The Church also recognizes that there may be circumstances where a definitive separation is necessary, such as when the invalidity of a marriage becomes publicly known and further cohabitation becomes scandalous.
While civil divorce is not prohibited, the Church has strict teachings regarding remarriage after divorce. According to Church doctrine, remarriage after divorce is considered adultery, as the person is still validly married to their prior spouse in the eyes of the Church. This belief is based on the understanding that contracting a new union, even if recognized by civil law, adds to the gravity of the rupture of the original marriage. Therefore, a Catholic who divorces civilly and wishes to remarry must first obtain an annulment, which declares that their previous marriage was not canonically valid.
It is important to note that the Church does not exclude divorced Catholics from its community. While divorce itself does not affect a person's status within the Catholic Church, remarriage outside of the Church without a prior annulment may prevent that person from receiving Holy Communion. The Church offers ministry and support to divorced Catholics, recognizing the challenges and complexities they face within the context of their faith.
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The Catholic Church historically opposed the legalization of civil divorce
The Catholic Church's stance on divorce is rooted in its belief that marriage is a sacrament instituted by God and Christ, indissoluble by human action. This belief, established by the 9th or 10th century, significantly reduced divorce rates. In 1208, Pope Innocent III further solidified this doctrine by requiring members of other religious movements to recognize marriage as a sacrament for readmission into the Catholic Church.
The Church's opposition to divorce stems from biblical sources and early Christian Church texts. Jesus, as quoted in the Gospels of Mark and Matthew, emphasizes the permanence of marriage, stating, "What therefore God hath joined together, let no man put asunder" (Mark 10:9; Matthew 19:6). Saint Paul, in 1 Corinthians 7:10-11, forbids divorce and instructs deserted spouses to remain chaste or reconcile. The Catechism reflects this view, condemning divorce as "a grave offense against the natural law."
Historically, the Catholic Church opposed the legalization of civil divorce in Catholic countries. While the Church does not prohibit civil divorce today, it maintains that Catholics may not remarry after a civil divorce without an annulment, which declares the invalidity of the original marriage. The Church's annulment process is an extension of God's mercy, recognizing that marriages may be invalid from the beginning due to factors such as coercion or one partner's intention never to have children.
While civil divorce is tolerated under specific circumstances, the Church makes a clear distinction between divorce and civil divorce. Divorce is considered a grave sin, while civil divorce may be permissible as a legal maneuver to protect specific legal rights, such as child custody or inheritance. However, approaching civil courts with the intent to end a marriage is considered a grave offense by the Church.
The Eastern Orthodox Church, another denomination with a significant number of adherents, permits divorce and remarriage in church under certain circumstances. However, their rules are generally more restrictive than civil divorce regulations in most countries.
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The Catholic Church grants annulment in certain circumstances
The Catholic Church considers marriage to be a sacrament instituted by God and Christ, and therefore indissoluble by human action. However, the Church does not prohibit civil divorce. In the case of a civil divorce, a Catholic may not remarry unless they receive an annulment, which is a recognition that the marriage was not canonically valid.
Annulment in the Catholic Church is based on the idea that some marriages are invalid from the beginning due to certain circumstances, such as one spouse not being baptised or marrying for the wrong reasons. This is distinct from divorce, which is a function of civil law and involves the dissolution of the marriage bond.
The process of annulment in the Catholic Church is often associated with God's mercy and compassion. It provides a pathway for individuals to find resolution and move forward, especially when marriages start on a flawed foundation.
It is important to note that the Church's teaching on annulment does not contradict its view of marriage as a sacred and indissoluble union. Annulment recognises that in certain exceptional cases, the necessary conditions for a valid marriage, as defined by the Church, were not met. Therefore, the Church grants annulments selectively, considering each case carefully within the framework of its doctrine and theology.
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Frequently asked questions
The Catholic Church considers marriage to be instituted by God and Christ, and therefore indissoluble by human action. Jesus himself forbids divorce, decreeing that husband and wife are "no longer two but one. What therefore God has joined together, let no man put asunder" (Matt. 19:6).
While the Catholic Church does not prohibit civil divorce, it does not allow remarriage after divorce unless the previous marriage is annulled under specific circumstances.
A Catholic marriage can be annulled if it is found to be invalid according to canon law. For example, if one party was not baptized, and therefore not considered a true sacrament, the marriage can be annulled.
Divorce implies the dissolution of the marriage bond, while annulment declares that a valid marriage never existed in the first place.
