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The Sanctifying Function of the Church » The Sacraments » Marriage » The separation of spouses » Dissolution of the bond
Canon 1144. §1. For the baptized party to contract a new marriage validly, the non-baptized party must always be interrogated whether:

1. he or she also wishes to receive baptism;

2. he or she at least wishes to cohabit peacefully with the baptized party without affront to the Creator.

§2. This interrogation must be done after baptism. For a grave cause, however, the local ordinary can permit the interrogation to be done before baptism or can even dispense from the interrogation either before or after baptism provided that it is evident at least by a summary and extrajudicial process that it cannot be done or would be useless.
Canon 1145. §1. The interrogation is regularly to be done on the authority of the local ordinary of the converted party.

This ordinary must grant the other spouse a period of time to respond if the spouse seeks it, after having been advised, however, that his or her silence will be considered a negative response if the period passes without effect.

§2. Even an interrogation made privately by the converted party is valid and indeed licit if the form prescribed above cannot be observed.

§3. In either case, the fact that the interrogation was done and its outcome must be established legitimately in the external forum.

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