Contents

Introduction.................................................................................................................................................1
Concerning the spouses..............................................................................................................................2
The upbringing of children..........................................................................................................................2
The legitimacy of children (1137-1140).......................................................................................................3
Conclusion...................................................................................................................................................4
THE SEPARATION OF SPOUSES....................................................................................................................5
Introduction.................................................................................................................................................5
The Notion of Indissolubility........................................................................................................................5
Pauline Privilege Cases................................................................................................................................6
Conclusion...................................................................................................................................................6
Biblography.................................................................................................................................................7
Introduction
This chapter describes the effects of marriage, namely, the "bond that arises from the

valid exchange of promises and the equal rights and duties that flow from the spouses ' new

status, especially concerning the education of children." 1 The canons describe the effects of the

bond of marriage in the lives of the spouses (c. 1 1 34), the equality of the spouses (c. 1 1 35),

and the obligations and rights of parents (c. 1 1 36). The final canons in the chapter speak of the

canonical understanding of the legitimacy of children (cc. 1 1 37-1 1 40).

The catechism of the catholic Church clearly states that “From a valid marriage arises a

bond between the spouses which by its very nature is perpetual and exclusive; furthermore, in a

Christian marriage the spouses are strengthened and, as it were, consecrated for the duties and

the dignity of their state by a special sacrament."2

Concerning the spouses

"Can. 1134 A valid marriage creates a bond between the spouses which by its nature is lifelong

and exclusive; In a Christian marriage the spouses are strengthened by a special sacrament and,

as it were, consecrated for the duties and dignity of their class. "

This canon speaks of all marriages, natural and sacramental, the second sentence speaks

only of sacramental marriages, i.e., those between two baptized persons. The canon speaks of the

"bond" that arises from a valid marriage. By this bond, the partners become husband and wife in

the relationship that is marriage in each partner a set of new obligations arises. The spouses, by

committing themselves mutually to each other, give a new orientation to their own life 3

"Can. 1135 - Both spouses have the same duty and the same right with regard to the community

of conjugal life. "

1
L. Orsy, Marriage i n Canon Law (Wilmington, Del . : Michael Glazier, 1 986) 20 t .
2
Catechism of the Catholic Church – English translation (U.S.A., 2nd edition) Editio Typica, copyright 1997, United
States Catholic Conference, Par 1140
3
L. Orsy, Marriage i n Canon Law (Wilmington, Del . : Michael Glazier, 1 986) 203
 The rights and obligations are equal for each spouse in marriage. These rights and

obligations include family duties as well as the rights and obligations inherent in the

interpersonal relationship of the spouses and their relations with their children. All these aspects

are important, and neither party is ever a "lesser" partner in a marriage. "In spite of social and

cultural inequalities which may be imposed from without, Christian marriage imposes equal

obligations of the spouses toward one another.4

The upbringing of children

"Can. 1136 - The parents have the very strict duty and the first priority right to take care of the

physical, social and cultural as well as the moral and religious upbringing of their children. "

Parents have the right and duty to provide for the education of their children. This

education is to be physical, social, cultural, moral, and religious. The objective of such education

is that the children not only become responsible Christians, but also responsible and contributing

members of society. Thus, the parents are responsible for providing food, clothing, medical care,

and appropriate living conditions for their children, as well as fostering their psychological and

spiritual development. This care of the children begins at the moment of their conception.

Children will live in society, and they should be prepared to do so. Their moral development is

essential so that they can make informed moral choices as they get older.5

The legitimacy of children (1137-1140)

"Can. 1137 - The children conceived or born in a valid marriage or in a putative marriage are

legitimate. "

The canon speaks only of the legitimacy of children of valid or putative marriage. This

means that children conceived or born of marriages that are known to be null would be

considered illegitimate. This situation of illegitimacy is true if the nullity is due to the presence

4
Doyle, in CLSA Com, 809.
5
New Commentary on the [1983] C - Beal, John P. & Coriden, James_7252 P.1357
of a known diriment impediment, or if it is due to a lack of canonical form. In the case of a

declaration of nullity of marriage, the children conceived or born of that union while it was

considered putative are considered to be legitimate. In the case of the dissolution of a marriage

the children conceived or born of that union prior to the dissolution also remain legitimate.6

"Can. 1138 - § 1. The father is the one whom the lawful marriage proves as such, unless the

contrary is proven on the basis of convincing arguments. "

Normally, if a married woman gives birth to a child, her lawful husband is presumed to

be the father (§ l ). That presumption may be proven incorrect, however, by clear arguments to

the contrary, such as, for example, the fact that the couple have lived apart for more than ten

months (300 days) before the baby 's birth, etc.

"§ 2. Those children are presumed to be legitimate if they were born at least 180 days after the

date of the marriage ceremony or within 300 days after the day of the dissolution of the marital

union."

The second paragraph speaks of approximate periods of gestation, from about six months

to about ten months. With due regard for modern technology and the fact that children are being

born and survive at ever earlier ages, this paragraph offers a reasonable definition of the limits of

the rebuttable legal presumption for establishing the legitimacy of a child.

"Can. 1139 - Illegitimate children are legitimized by the subsequent marriage of the parents, be

it a valid marriage or a putative marriage, or by a rescript of the Holy See. "

There are two ways of legitimating illegitimate children (both those who are born to

parents who are not married and those who are born to parents in an invalid union: through the

marriage of their parents after their birth. or through a rescript of the Holy See in a case where

the requirements of the previous two canons have not been fulfilled.

6
Ibid. P.1357
"Can. 1140 - With regard to the canonical effects, the legitimized children are equated with the

legitimate children in everything unless the law expressly provides otherwise. "

The code aimed to legitimize illegitimate children if their parents subsequently married.

At first glance this code gives an impression of being enacted for the benefit of the illegitimate

child. In some sense it was, as the reputation of being illegitimate would no longer blight the life

of the child.

Conclusion
The effect of the sacrament is an increase in sanctifying grace for the spouses, a

participation in the divine life of God Himself.  The Union of Christ and His Church:  This

sanctifying grace helps each spouse to help the other advance in holiness, and it helps them

together to cooperate in God's plan of redemption by raising up children in the Faith.  In this

way, sacramental marriage is more than a union of a man and a woman; it is, in fact, a type and

symbol of the divine union between Christ, the Bridegroom, and His Church, the Bride. As

married Christians, open to the creation of new life and committed to our mutual salvation, we

participate not only in God's creative act but in the redemptive act of Christ.

THE SEPARATION OF SPOUSES

Introduction
This article of the canon discusses the separation of spouses. "A marriage which is ratum

et consummatum i.e. ratified and consummated can be dissolved by no human power and by no

cause, except death" (#1141). "Spouses have the duty and right to preserve conjugal living unless

a legitimate cause excuse them" (#1151).

The Notion of Indissolubility

The gradual expansion of the classes of marriages that are susceptible to dissolution or

dispensation has necessitated a somewhat nuanced approach to indissolubility. Traditional

authors distinguish between intrinsic and extrinsic indissolubility. All marriages , whether they

involve baptized persons or not, are intrinsically indissoluble in that they cannot be dissolved by

the will

of the parties. However, not all marriages are extrinsically indissoluble, since they can

sometimes

be dissolved either by the intervention of competent ecclesiastical authority or by the realization

of conditions specified in law.7

Pauline Privilege Cases

The Pauline Privilege allows the dissolution of a marriage between two unbaptized

persons. The basis for this Privilege is found in 1 Corinthians 7:12-15, and the legislation is

found in the 1983 Code of Canon Law, canons 1143- 1150.

1. a marriage validly entered by two unbaptized persons;

2. the sincere conversion and valid baptism of one of the parties;

3. a moral or physical departure of the other unbaptized person; and

4. the certitude of the non-baptism of the former spouse (Respondent).

The granting of the Pauline Privilege is made either by the diocesan bishop or through his

delegate, the judicial vicar. The bishop and his delegate have the faculty to dispense from the

interrogation of the unbaptized Respondent when circumstances justify such a dispensation. The

case is not sent to the Holy See and the time required for this process in dependent upon the

course of instruction of the prospective convert and the cooperation of the Respondent and

witnesses. There must be certain proof that the Petitioner has been or intends to be baptized.

Baptism may take place in any church which has a valid baptism, i.e., the baptism does not have

to be in the Catholic Church. The Pauline Privilege cannot be invoked until after baptism has

been received.

7
F. Cappello, De Matrimonio (Rome: Marietti, 1 96 1 ) n.45
Conclusion
In the Canon law, dissolution of marriage is not allowed since it was considered sacred

and as such cannot break until the two spouses are alive, except only if one of the spouses passes

away. But throughout history we find cases when allowed dissolution of the marriage and causes

specific conditions set by the church.

For its part, the Catechism does make the general proclamation that: ‘Divorce is immoral

also because it introduces disorder into the family and into society. This disorder brings grave

harm to the deserted spouse, to children traumatized by the separation of their parents and often

torn between them, and because of its contagious effect which makes it truly a plague on

society’.8

Biblography
 "The Second Vatican Council and the Canon Law." J 22 ( 1962) 280.

 Catechism of the Catholic Church – English translation (U.S.A., 2nd edition) Editio

Typica, copyright 1997, United States Catholic Conference,

 "The Canon Law Society and the Church in the United States." CLSAP 50 ( 1988)

 New Commentary on the [1983] C - Beal, John P. & Coriden, James_

8
Catechism of the Catholic Church – English translation (U.S.A., 2nd edition) Editio Typica, copyright 1997, United
States Catholic Conference, Pa r2385