Do 7 years appart = automatic divorce?

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A Portuguese neighbor told me that the pope recently made a ruling that after a married couple 'married through the catholic church' is separated without contact for 7 years, then they are divorced and able to marry under the catholic Law. No annulment is necessary.

I haven't heard of this and was wondering if anyone knows if this is true.

Sheryl

-- sheryl schenkman (sheri8000@aol.com), May 20, 2004

Answers

I have a vague recollection of something like this, but subject to the following corrections:

It wasn't recently; it was hundreds of years ago, when slaves were brought over from Africa without their spouses, and then converted to Catholicism, and wanted to remmary.

It didn't apply to sacramental marriages, which (after being consumated) cannot be dissolved by any power on Earth, including the Pope.

It was either an application of the Petrine privilege, or something close to it.

-- Mark (aujus_1066@yahoo.com), May 20, 2004.


Sheryl,

I believe you are referring to a law which a number of states have on the books, whereby a person who is "missing" (not just separated from his/her spouse) for a period of seven years is officially presumed dead, thereby clearing the path for life insurance and social security settlements, and official dissolution of their marriages. This is not a Church law. I don't know to what extent the Church would accept such a civil ruling in reference to a marriage.

-- Paul M. (PaulCyp@cox.net), May 20, 2004.


Here is the canon relating to the presumed death of a spouse:

Canon 1707 §1 Whenever the death of a spouse cannot be proven by an authentic ecclesiastical or civil document, the other spouse is not regarded as free from the bond of marriage until the diocesan Bishop has issued a declaration that death is presumed.

§2 The diocesan Bishop can give the declaration mentioned in §1 only if, after making suitable investigations, he has reached moral certainty concerning the death of the spouse from the depositions of witnesses, from hearsay and from other indications. The mere absence of the spouse, no matter for how long a period, is not sufficient.

§3 In uncertain and involved cases, the Bishop is to consult the Apostolic See.

-- Mark (aujus_1066@yahoo.com), May 23, 2004.


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