Indissolubility of Marriage is a distinct characteristic of Christian marriage. In fact this Christian position is questioned by some religions and many governments and members of civil society today.Although we have
indirectly mentioned this problem in the previous paragraph dealing with the faithfulness in love as a
characteristic of Christian marriage , we need to clarify certain issues connected with it.
a)The basis of the definitiveness of the marriage bond is founded on the order of creation itself: "Then the man said; this at last is bone of my bones and the flesh of my flesh; this one shall be called woman, for out of man this one was taken. therefore a man leaves his father and mother and clings to his wife,and they become one flesh"
(Gen. 2, 23-24). From this it is clear that the strength of is resting on the existential complementary of both.
b)Later on the Old Testament the fidelity between the husband and wife is compared to the fidelity of Yahweh
to his people which is irrevocable. Jesus makes this clear in his discussion with Jews that indissolubility of marriage was its original character.( Mk. 10, 2-12 and Mt. 19, 3-9). Marriage bond, in this sense should be
understood as a covenant rather than as a contract . See also Lk. 16,18.
c) Indissolubility is not based merely on a law of the Church,or on a moral norm, but rooted in the sacramentality of marriage itself. The divine element enters into this bond.
d)The principal of indissolubility is solidly based on Scripture. But in the course of time,as in the case of
O.T, at times there have been some cases of leniency, But these are exceptions and not violation of the
law; but in modern times such exceptions are never entertained.
e) In this context, there is the question of Pauline privilege ( 1Cor. 7, 12ff which cannot be termed divorce
because for us Christian divorce is strictly applied to the breaking of the sacramental bond.In the case of
Pauline Privilege, the sacramental bond is not fully realized; hence there cannot be divorce in the strict sense.
f) The indissolubility of marriage is unambiguously taught by the Council of Trent. Marriage bond cannot
be dissolved for any reason whatsoever. The only thing that the Church can do is to declare a marriage
null and void, by which she states that the marriage never took place for want of free consent or due to
the presence of certain impediments which invalidate the marriage.
g)A non-consummated marriage can be dissolved by the Roman pontiff for a just cause ( Can.1142).
The just cause can be discord without hope of reconciliation, civil marriage by one party, probable
impotence, incurable disease contacted after marriage,defect of consent. Religious profession invalid-
dating marriage is not mentioned in the present code.
indirectly mentioned this problem in the previous paragraph dealing with the faithfulness in love as a
characteristic of Christian marriage , we need to clarify certain issues connected with it.
a)The basis of the definitiveness of the marriage bond is founded on the order of creation itself: "Then the man said; this at last is bone of my bones and the flesh of my flesh; this one shall be called woman, for out of man this one was taken. therefore a man leaves his father and mother and clings to his wife,and they become one flesh"
(Gen. 2, 23-24). From this it is clear that the strength of is resting on the existential complementary of both.
b)Later on the Old Testament the fidelity between the husband and wife is compared to the fidelity of Yahweh
to his people which is irrevocable. Jesus makes this clear in his discussion with Jews that indissolubility of marriage was its original character.( Mk. 10, 2-12 and Mt. 19, 3-9). Marriage bond, in this sense should be
understood as a covenant rather than as a contract . See also Lk. 16,18.
c) Indissolubility is not based merely on a law of the Church,or on a moral norm, but rooted in the sacramentality of marriage itself. The divine element enters into this bond.
d)The principal of indissolubility is solidly based on Scripture. But in the course of time,as in the case of
O.T, at times there have been some cases of leniency, But these are exceptions and not violation of the
law; but in modern times such exceptions are never entertained.
e) In this context, there is the question of Pauline privilege ( 1Cor. 7, 12ff which cannot be termed divorce
because for us Christian divorce is strictly applied to the breaking of the sacramental bond.In the case of
Pauline Privilege, the sacramental bond is not fully realized; hence there cannot be divorce in the strict sense.
f) The indissolubility of marriage is unambiguously taught by the Council of Trent. Marriage bond cannot
be dissolved for any reason whatsoever. The only thing that the Church can do is to declare a marriage
null and void, by which she states that the marriage never took place for want of free consent or due to
the presence of certain impediments which invalidate the marriage.
g)A non-consummated marriage can be dissolved by the Roman pontiff for a just cause ( Can.1142).
The just cause can be discord without hope of reconciliation, civil marriage by one party, probable
impotence, incurable disease contacted after marriage,defect of consent. Religious profession invalid-
dating marriage is not mentioned in the present code.
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