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On Dissolving Indissolubility

Published online by Cambridge University Press:  01 July 2024

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Let us begin with dissolving inflated statements on the indissolubility of marriage which do nothing but distort the issue: statements such as marriage is indissoluble, or marriage between Christians is indissoluble, or marriage is indissoluble because it is a sacrament. In point of fact, the Church considers marriage to be generally dissoluble: she claims the power to dissolve marriages between unbaptised spouses and does avail herself of that power when she sees fit to do so. Since by far the majority of spouses that live on our planet are not baptised, the initial proposition must be reworded as follows: in the Church’s view, marriage is dissoluble, with the proviso that in some cases it is not.

What are those cases which are exceptions to the rule? Marriages between baptised spouses—or, to use the short-cut formula, marriages between Christians? The trouble is that the Church also claims the power to dissolve such marriages and actually goes on to break some, as when she grants a dissolution of the bond to validly married Christian spouses who have failed to ‘consummate’ their marriage.

What, then, about relating indissolubility to the reception of the Sacrament of Matrimony? Doesn’t everybody know that if you are baptised and validly married in the Church, your marriage is ipso facto a sacrament and indissoluble by divine law. . . ? Beware, however, of bringing God into the picture before the Church is out of it: for your marriage is a sacrament even though you may have chosen not to consummate it, yet the Church would have no qualms of conscience in regarding you a free man (or a free woman) if you wished, say, to join a religious order and actually made your solemn profession.

Type
Research Article
Copyright
Copyright © 1975 Provincial Council of the English Province of the Order of Preachers