Can. 5. If anyone says that the bond of matrimony can be dissolved because of heresy, or grievous cohabitation, or voluntary absence from the spouse: let him be anathema.*

Can. 7. If anyone says that the Church errs, inasmuch as she has taught and still teaches that in accordance with evangelical and apostolic doctrine [Matt. 10: I Cor. 7] the bond of matrimony cannot be dissolved because of adultery of one of the married persons, and that both, or even the innocent one, who has given no occasion for adultery, cannot during the lifetime of the other contract another marriage, and that he, who after the dismissal of the adulteress shall marry another, is guilty of adultery, and that she also, who after the dismissal of the adulterer shall marry another: let him be anathema.*

Can. 2. If anyone says that it is lawful for Christians to have several wives at the same time, and that it is not forbidden by any divine law [Matt. 19:4]: let him be anathema.*

"But to them that are married, not I but the Lord commandeth, that the wife depart not from her husband. And if she depart, that she remain unmarried, or be reconciled to her husband. And let not the husband put away his wife."

"Do not tell me about the violence of the ravisher, about the persuasiveness of a mother, about the authority of a father, about the influence of relatives, about the intrigues and insolence of servants, or about household financial losses. So long as a husband lives, be he adulterer, be he sodomite, be he addicted to every kind of vice, if she left him on account of his crimes he is still her husband still and she may not take another."

Quamvis prius matrimonium sit irritum aut solutum qualibet ex causa, non ideo licet aliud contrahere, antequam de prioris nullitate aut solutione legitime et certo constiterit.


Although the previous marriage be invalid or dissolved for whatever reason, it is not lawful to contract another one before the nullity or dissolution of the first has been legally and certainly established.

This impediment is implied in the divine law of the unity of marriage, which now binds all men whether baptized or not, and which admits of no exception.

Matrimonium non consummatum inter baptizatos vel inter partem baptizatam et partem non baptizatam, dissolvitur turn ipso iure per sollemnem professionem religiosam, turn per dispensationem a Sede Apostolica ex iusta causa concessam, utraque parte rogante vel alterutra, etsi altera sit invita.


An unconsummated marriage between two baptized persons, or between a baptized and a non-baptized person, is dissolved by solemn religious profession.

Matrimonium gaudet favore iuris; quare in dubio standum est pro valore matrimonii, donee contrarium probetur, salvo praescripto can. 1127.


The law always favors Marriage, and hence if a doubt arises as to the validity of any particular Marriage, the presumption is in its favor until the contrary is proved (excepting the case of the Privilegium Paulinum).

A legitimate marriage between non-baptized persons even though consummated, is dissolved in favor of the faith by the Pauline Privilege.

The Pauline privilege is expressed in Cor. VII, 12-15: "If any brother hath a wife that believeth not, and consent to dwell with him, let him not put her away. And if any woman hath a husband that believeth not, and he consent to dwell with her, let her not put away her husband . . . . But if the unbeliever depart, let him depart. For a brother or sister is not under servitude in such cases. But God hath called us in peace."

The unbeliever departs physically, (a) if he unjustly leaves his faithful consort who has given him no cause for departure; (b) if he contracts a marriage with another; (c) if he is detained by another consort (a secundo marito} or by a creditor for unpaid debts; (d) if he departs out of hatred for the faith of his consort.

Moral departure might be brought about by the following reasons: (a) refusal of the unbeliever to live with the believing party without blaspheming the name of Christ, or in other words only under the condition that the unbeliever could freely blaspheme the Christian name; (b) refusal to relinquish concubinage, which is an offense to God; (c) refusal to permit the Catholic education of the offspring; (d) attempts to seduce the Catholic party to idolatry; (e) temptation on the part of the husband (not father or mother-in-law) to grievous sins against conjugal chastity; (f) continual dissensions and quarrels, for which the faithful party has given no cause, or for which he or she has made satisfaction and amendment; but this state must be serious and endanger salvation.

This is an Impediment which death alone can remove. What, therefore, God hath joined together, let not man put asunder (Matt. xix. 6). No court, no judge, no legislature, no power on earth, can break the bond which unites husband and wife. For certain just cause, especially for the crime of adultery, they may live separately, but they are still married and cannot marry again. Let it be remembered that no so-called Divorce, no guilt, no desertion, can ever sever the marriage bond. Nothing but a certain knowledge of the death of one party can make it lawful for the other to marry. If therefore, after a divorce is granted by the law of the land, either party should marry another person, such a marriage would be no true marriage before God, but adultery.

The Third Plenary Council of Baltimore (1884), n. 124., inflicts an excommunication to be incurred ipso facto (automatically) and reserved to the local Ordinary on those who after a civil divorce attempt another marriage.



(*Anathema: in actual Church discipline, is the term used for ipso facto excommunication incurred by those denying a solemnly defined truth, as is concluded principally from the cannons of the Council of Trent.)