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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 baptised person validly to contract a new marriage, the unbaptised party must always be interpellated whether:
1° he or she also wishes to receive baptism;
2° he or she at least is willing to live peacefully with the baptised party without offence to the Creator.
§2 This interpellation is to be done after baptism. However, the local Ordinary can for a grave reason permit that the interpellation be done before baptism; indeed he can dispense from it, either before or after baptism, provided it is established, by at least a summary and extrajudicial procedure, that it cannot be made or that it would be useless.
1° he or she also wishes to receive baptism;
2° he or she at least is willing to live peacefully with the baptised party without offence to the Creator.
§2 This interpellation is to be done after baptism. However, the local Ordinary can for a grave reason permit that the interpellation be done before baptism; indeed he can dispense from it, either before or after baptism, provided it is established, by at least a summary and extrajudicial procedure, that it cannot be made or that it would be useless.
Canon 1145. As a rule, the interpellation is to be done on the authority of the local
Ordinary of the converted party. A period of time for reply is to be allowed by this
Ordinary to the other party, if indeed he or she asks for it, warning the person however that if the period passes without any reply, silence will be taken as a negative response.
§2 Even an interpellation made privately by the converted party is valid, and indeed it is lawful if the form prescribed above cannot be observed.
§3 In both cases there must be lawful proof in the external forum of the interpellation having been done and of its outcome.
Ordinary of the converted party. A period of time for reply is to be allowed by this
Ordinary to the other party, if indeed he or she asks for it, warning the person however that if the period passes without any reply, silence will be taken as a negative response.
§2 Even an interpellation made privately by the converted party is valid, and indeed it is lawful if the form prescribed above cannot be observed.
§3 In both cases there must be lawful proof in the external forum of the interpellation having been done and of its outcome.
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