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The Pauline privilege (Latin : privilegium Paulinum) is the allowance by the Roman Catholic Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. [1] The Pauline privilege is drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
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The Pauline privilege is the allowance by the Church of the dissolution of marriage of two persons not baptized at the time the marriage occurred. [1]
1 Corinthians 7:10–15 states:
To the married I give charge, not I but the Lord, that the wife should not separate from her husband (but if she does, let her remain single or else be reconciled to her husband) --and that the husband should not divorce his wife. To the rest I say, not the Lord, that if any brother has a wife who is an unbeliever, and she consents to live with him, he should not divorce her. If any woman has a husband who is an unbeliever, and he consents to live with her, she should not divorce him. For the unbelieving husband is consecrated through his wife, and the unbelieving wife is consecrated through her husband. Otherwise, your children would be unclean, but as it is they are holy. 15 But if the unbelieving partner desires to separate, let it be so; in such a case the brother or sister is not bound. For God has called us to peace." [2]
The first section, "not I but the Lord", roughly matches Jesus' teaching on divorce, found in an antithesis (Matthew 5:32) with parallels in Matthew 19:9, Luke 16:18, and Mark 10:11. The second section, "I say, not the Lord", gives Paul's own teaching on divorce, and was initiated to address a serious pastoral problem in the Church in Corinth where problems apparently developed in marriages between believers and unbelievers. Therefore, in instances where the unbaptized spouse left the newly baptized spouse, Paul allowed the latter to enter into a new marriage. [3]
In the Catholic Church and in some Protestant denominations this is interpreted as allowing the dissolution of a marriage between two non-baptized persons in the case that one (but not both) of the partners seeks baptism and converts to Christianity and the other partner leaves the marriage. Assuming it is established that both spouses were un-baptized at the time of their marriage, and subsequently obtained a civil divorce, should the now baptized party wish to enter into a sacramental marriage, the Pauline Privilege ("in favor of the faith") takes place ipso facto at the time of that marriage. [4]
In the Latin Church, the subject is covered in canons 1143–1147 and can be handled on the diocesan level. [3] For the Eastern Catholic Churches the applicable canons are found in the Code of Canons of the Eastern Churches , canons 854–858. [5]
According to the Catholic Church's canon law, the Pauline privilege does not apply when either of the partners was a Christian at the time of marriage. It differs from annulment because it dissolves a valid natural (but not sacramental) marriage whereas an annulment declares that a marriage was invalid from the beginning. [6]
The related Petrine privilege, which also allows remarriage after divorce, may be invoked if only one of the partners was baptized at the time of the first marriage.
Christian terminology and theological views of marriage vary by time period, by country, and by the different Christian denominations.
Annulment is a legal procedure within secular and religious legal systems for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place. In legal terminology, an annulment makes a void marriage or a voidable marriage null.
Closed communion is the practice of restricting the serving of the elements of Holy Communion to those who are members in good standing of a particular church, denomination, sect, or congregation. Though the meaning of the term varies slightly in different Christian theological traditions, it generally means that a church or denomination limits participation either to members of their own church, members of their own denomination, or members of some specific class. This restriction is based on various parameters, one of which is baptism. See also intercommunion.
Marriage in the Catholic Church, also known as holy matrimony, is the "covenant by which a man and woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between the baptized". Catholic matrimonial law, based on Roman law regarding its focus on marriage as a free mutual agreement or contract, became the basis for the marriage law of all European countries, at least up to the Reformation.
Ne Temere was a decree issued in 1907 by the Roman Catholic Congregation of the Council regulating the canon law of the Church regarding marriage for practising Catholics. It is named for its opening words, which literally mean "lest rashly" in Latin.
Open communion is the practice of some Protestant Churches of allowing members and non-members to receive the Eucharist. Many but not all churches that practice open communion require that the person receiving communion be a baptized Christian, and other requirements may apply as well. In Methodism, open communion is referred to as the open table, meaning that all may approach the Communion table.
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.28 to 1.39 billion baptized Catholics worldwide as of 2024. It is among the world's oldest and largest international institutions and has played a prominent role in the history and development of Western civilization. The church consists of 24 sui iuris churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The Diocese of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small independent city-state and enclave within the city of Rome, of which the pope is head of state.
Interfaith marriage, sometimes called interreligious marriage or "mixed marriage", is marriage between spouses professing different religions. Although interfaith marriages are often established as civil marriages, in some instances they may be established as a religious marriage. This depends on religious doctrine of each of the two parties' religions; some prohibit interfaith marriage, and among others there are varying degrees of permissibility.
A unity candle is a candle used in a wedding ceremony to symbolize two people joining in marriage.
Matthew 5:32 is the thirty-second verse of the fifth chapter of the Gospel of Matthew in the New Testament and part of the Sermon on the Mount. This much scrutinized verse contains part of Jesus' teachings on the issue of divorce.
Ligamen or vinculum is, in Roman Catholic canon law, an existing marriage tie, which constitutes an impediment to the contracting of a second marriage.
In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, and in some cases, a Catholic divorce, is an ecclesiastical tribunal determination and judgment that a marriage was invalidly contracted or, less frequently, a judgment that ordination was invalidly conferred.
The relationship between religion and divorce is complicated and varied. Different religions have different perceptions of divorce. Some religions accept divorce as a fact of life, while others only believe it is right under certain circumstances like adultery. Also, some religions allow remarriage after divorce, and others believe it is inherently wrong. This article attempts to summarize these viewpoints of major world religions and some important traditions regarding divorce in each faith.
Petrine privilege, also known as the privilege of the faith or favor of the faith, is a ground recognized in Catholic canon law allowing for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.
An interfaith marriage, also known as an interreligious marriage, is defined by Christian denominations as a marriage between a Christian and a non-Christian, whereas an interdenominational marriage is between members of two different Christian denominations, such as a Lutheran Christian wedding a Catholic Christian, for example.
Christian views on divorce find their basis both in biblical sources and in texts authored by the Church Fathers of the early Christian Church, who were unanimous in the teaching regarding the issue.
Natural marriage is the name given in Catholic canon law to the covenant "by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring", and is distinguished from a sacramental or Christian marriage, in which the two parties involved are baptized.
"Thou shalt not commit adultery" is found in the Book of Exodus of the Hebrew Bible. It is considered the sixth commandment by Roman Catholic and Lutheran authorities, but the seventh by Jewish and most Protestant authorities. What constitutes adultery is not plainly defined in this passage of the Bible, and has been the subject of debate within Judaism and Christianity. The term fornication means illicit sex, prostitution, idolatry and lawlessness.
The relationship between Paul the Apostle and women is an important element in the theological debate about Christianity and women because Paul was the first writer to give ecclesiastical directives about the role of women in the Church. However, there are arguments that some of these writings are post-Pauline interpolations.
Divorce in Francoist Spain and the democratic transition were illegal. While divorce had been legal during the Second Spanish Republic, Franco began to overturn these laws by March 1938. In 1945, the legislation embodied in his Fuero de los Españoles established that marriage was an indissoluble union. Divorce was still possible in Spain through the Catholic Church as a result of Pauline privilege or petrino. Marriages, primarily for the rich, could also be annulled through ecclesiastical tribunals. The Catholic Church was vigorously opposed to divorces, whether on religious or civil grounds.
