Article — Noldin, Summa of Moral Theology

Article Two. On the Indissolubility of Matrimony.

517.

517. What the Indissolubility of Matrimony Is. A twofold indissolubility must be distinguished, internal and external. Internal indissolubility consists in this, that matrimony cannot be dissolved by an internal cause or by the mutual consent of the contracting parties; external indissolubility consists in this, that matrimony cannot be dissolved by an external cause, namely divine or ecclesiastical. Concerning this matter dogmatic theologians establish the following theses.

  1. Every matrimony is intrinsically indissoluble both by natural law and by positive divine law, so that it can never be dissolved by the consent of the contracting parties.

  2. Ratified and consummated matrimony of the faithful is also extrinsically indissoluble, so that it cannot be dissolved except by the death of one spouse.1

Indissolubility must also be asserted of consummated matrimony which is contracted by a faithful person with an infidel through dispensation of the supreme pontiff;2 but it is not clear whether it is simply indissoluble, or only has in fact never been dispensed in.

  1. But the ratified matrimony of the faithful and the consummated matrimony of infidels can be dissolved by external power.

1 Cn. 1118.

2 S. Office, August 1, 1759; July 4, 1855.

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