Pastoral criteria between the civil divorce petition and the ecclesiastical court's ruling on the validity of the marriage

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Pedro Manuel López Romero

Abstract

The content of this work arises before the question that is asked to its author by a person of the Catholic Church, this one doubts about the advice to give to whom the difficulties that exist in their marriage have been raised and doubts if it is possible to go to the civil courts before those of the Church, so that they are defined on the validity or invalidity of the marriage bond and go to the civil courts only in the case of having declared the nullity of the marriage.Throughout the work the canonical legislation is studied, essentially the Motu proprio Mitis Iudex Dominus Iesus, and the civil legislation relative to the process to put an end to the matrimonial coexistence and adoption of the appropriate measures, concluding with the difficulty of giving an univocal answer, making a specific solution necessary according to the specific case. Some master parameters or lines are included, which in essence are: the need for agreement of both spouses to go, before the civil courts, to the Ecclesiastical Courts, having to reach agreement even to the measures to be applied to the common elements, assets and offspring, if this agreement does not exist, it must be the Parish, within the integral pastoral care of the Diocese, that exhausts the pastoral assistance, to go to the Ecclesiastical Court exclusively when the marriage is irretrievably broken.

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López Romero, P. M. (2019). Pastoral criteria between the civil divorce petition and the ecclesiastical court’s ruling on the validity of the marriage. Brasiliensis, 8(16), 147-176. https://doi.org/10.5281/zenodo.8128477
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How to Cite

López Romero, P. M. (2019). Pastoral criteria between the civil divorce petition and the ecclesiastical court’s ruling on the validity of the marriage. Brasiliensis, 8(16), 147-176. https://doi.org/10.5281/zenodo.8128477