Section 1. On the Ratified Matrimony of the Faithful.

518. How It Is Dissolved. 1. Ratified and non-consummated matrimony of the faithful can be dissolved through a dispensation of the Supreme Pontiff granted for a just cause, with both parties petitioning or with one party petitioning, even if the other is unwilling.¹

In order that the pontiff can grant dispensation validly and licitly, it is required: that the matrimony be ratified and not consummated; that it be established that it has not been consummated by a conjugal act; that a grave cause requiring dissolution be present. Theologians in antiquity contended that this cause had to be public; but from the new Code and from the present practice of the Church, this dispensation is granted also from a grave cause of private good.

b. Formerly an acute controversy was carried on among doctors as to whether this power was divinely conferred on the supreme pontiff; but now it can no longer be doubted: a. for besides the fact that the new Code attributes it to the Supreme Pontiff in express words, the Church rather often uses this power of dissolving ratified marriages of the faithful; but it would be not only rash but even impious to deny to the Church a power which it uses. b. Obligations of divine law whose existence in a particular case depends on human will can be dissolved by the Church through dispensation for a just cause, as is clear concerning vows and oaths. c. The bond of religious profession is stronger than the bond of marriage, because religious profession dissolves ratified matrimony; but the supreme pontiff can dissolve religious profession; therefore a fortiori ratified matrimony.

c. More frequently in recent than in ancient time the supreme pontiffs use this power. Now they use it especially in those circumstances in which there is a question concerning the nullity of matrimony, but nullity cannot be demonstrated certainly. For in this case the bond, if any exists, is dissolved, and indeed, when one party seeks dissolution for just causes, even against the will of the other party. Indeed examples are not lacking of dispensation of a valid matrimony, which is granted especially when one party has already entered civil marriage with a third person.²

¹ Cn. 1119.

² Cf. Acta S. Sedis XXVIII, p. 400.

519. 2. Ratified and non-consummated matrimony of the faithful is dissolved by law itself through the solemn profession of one spouse in a religion, strictly so called, approved by the Church, which is certain from faith: "If anyone shall say that ratified non-consummated matrimony is not dissolved through solemn religious profession of one of the spouses, let him be anathema."¹

a. In order that matrimony be dissolved in this way, it is required: a. that it be established that it has not been consummated by a conjugal act; b. that a valid religious profession be emitted; for religious profession has the force of dissolving matrimony by reason of the solemn vow of chastity which is contained in it, not however by divine power, but by ecclesiastical power. For after these conditions have been verified, the Church grants dispensation ipso facto to all. Therefore the following do not dissolve matrimony: a simple vow of chastity emitted outside religion; nor a simple vow of chastity, simple profession, emitted in religion; nor a solemn vow emitted in the subdiaconate.

b. As long as matrimony has not been consummated, a spouse can enter religion. Nevertheless it must be noted that today during matrimony a spouse cannot validly be admitted to the novitiate without dispensation of the Roman pontiff (Cn. 542, 1). The other spouse remaining in the world must wait until profession, and cannot enter other nuptials; for if before the profession of the other one entered a new matrimony, this would be invalid, since the prior matrimony is dissolved only through profession. But once matrimony has been consummated, neither party can enter religion unless the other party consents or has given cause for perpetual separation through adultery.

c. Because now even in religious orders strictly so called solemn profession cannot be emitted unless three years after simple profession have elapsed, if one party before consummated matrimony enters religion, the party remaining in the world, when the novitiate of the other party has elapsed, can approach the holy see to obtain dissolution of ratified matrimony not yet consummated, lest he or she be obliged to wait longer. But if one of the spouses enters a religious congregation and wishes to persevere in it, there is no other means of dissolving the matrimony except dispensation of the supreme pontiff, since profession emitted in a congregation does not dissolve matrimony.

Note. The privilege granted to spouses in the old law, by which in the first two months they were not bound to consummate matrimony, so that they might deliberate concerning taking up religion, is no longer granted in the new law.

¹ Council of Trent, sess. 24, can. 6. Cn. 1119, which expressly affirms the same not only concerning matrimony between baptized persons, but also between a baptized party and a non-baptized party.