Given from the Catholic Broadcasting Station 2SM Sydney Australia
Choose a topic from Vol 4:
Yes, provided the Bishop of the diocese to which the Catholic belong gives permission to approach the civil courts for that purpose. The Bishop would have to be assured that there was sufficient reason for permanent separation of the parties concerned and for the obtaining of the civil decree of divorce. The Catholics concerned would, of course, be required to give their solemn promise to the Bishop that they would not attempt to contract a further marriage whilst both parties still lived.
Yes, provided his intention be simply to administer civil law in view, of its civil effects only, apart altogether from the marriage bond as it exists in the sight of God. For example, the Catholic Church can permit even a Catholic to seek a civil divorce for the sake of legal freedom, provided such a Catholic respects the marriage bond before God, and does not intend to remarry whilst the other partner still lives. Such a Catholic would not admit the power of the State actually to destroy the bond of marriage, but would be concerned with the civil effects only. Again, if a Catholic contracted an invalid marriage in the sight of the Church which was yet legally binding the Church could sanction her applying for a civil divorce so that, if she married somebody else, she would not incur any legal charge of bigamy. If, in conscience, a Catholic can apply for a legal divorce for the sake of civil effects, then a Catholic can officiate as judge in divorce for the grants of civil decrees for the same purpose. The behavior of applicants after receiving such civil decrees is a matter for their own conscience. No Catholic judge would say that, if the first marriage was valid in the sight of God, the parties would be free in the sight of God to contract further marriages. But in his office as judge he restricts himself to administering the law merely in view of its civil effects.
A Catholic lawyer may help any client in whatever it is lawful in conscience for that client to do. If a Catholic woman wanted to defend herself against a divorce action brought against her, he may certainly assist her. If a woman's marriage is null and void before God and has already been declared by the Church to be so, he may help her to secure a civil divorce for the sake of legal freedom. Even if her marriage is valid in itself, provided she does not intend to marry again and has the Bishop's permission to approach the court, the Catholic lawyer may plead her case. But a Catholic lawyer would be obliged in conscience to refuse to assist in a divorce case if he knew for certain that his client's marriage was valid in the sight of God, and that the client was seeking a divorce with the deliberate intention of marrying again whilst the first partner still lived. Co-operation with such a client for such a purpose would be gravely sinful.
"THAT CATHOLIC CHURCH
A Radio Analysis"
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