121. What is separation?

There are some situations in which living together becomes practically impossible for a variety of reasons. In such cases the Church permits the physical separation of the couple and their living apart. The spouses do not cease to be husband and wife before God and so are not free to contract a new union.

In this difficult situation, the best solution would be, if possible, reconciliation. The Christian community is called to help these persons live out their situation in a Christian manner, and in fidelity to their marriage bond which remains indissoluble.

122. Can separated persons seek a civil divorce?

If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offence. Separated persons should seek appropriate advice before proceeding with this step.

123. What is divorce?

Divorce, unlike separation, claims to break the marriage covenant to which the spouses freely consented. It is a grave offence against the natural law because the marriage bond established by God is indissoluble. In addition, it is a cause of scandal for the family and the whole society when publicly known.

For Catholics there is further injury because divorce disrespects the covenant of salvation between Christ and his bride the Church, of which sacramental marriage is the sign.

124. Does civil remarriage add to the gravity of divorce?

Remarriage, even if it is recognized by civil law, adds to the gravity of divorce. The remarried spouse is then in a public and permanent adulterous situation. Divorced persons who are civilly remarried cannot receive Eucharistic communion as long as this situation persists.

125. Can divorced Catholics who are remarried receive the sacrament of Penance?

Reconciliation through the sacrament of Penance can be granted only to those who have repented for having violated their marriage covenant and fidelity to Christ, and who are committed to resolve their situation. They are then in a position to receive communion once there is no risk of causing scandal.

126. How can remarried Catholics resolve their situation?

Remarried Catholics should try to resolve their situation by seeking advice from a prudent and experienced priest. In general they can seek to resolve their situation by:

1. Dissolving the second civil union and living apart

2. Living with their present companion, if the obligations of justice towards their children require it, but without having sexual relations.

3. If there are grounds, investigating the possible nullity of their first marriage with intentions of legitimising the actual one. They should be encouraged to listen to the Word of God, to attend the Sacrifice of the Mass, to persevere in prayer, to contribute to works of charity and to community efforts for justice, to bring up their children in the Christian faith, to cultivate the spirit and practice of penance and thus implore God's help and grace.

127. What is a declaration of nullity (annulment)?

A declaration of nullity is a declaration by the Church of the nullity of a marriage by the competent ecclesiastical tribunal after an examination of the situation. It declares that the marriage never existed due to coercion, grave external fear or other reasons when consent was exchanged between the spouses, which render the marriage null and void. In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged.

128. Can declaration of nullity be compared with divorce?

Declaration of nullity can in no way be compared with divorce. Divorce claims to dissolve the marriage bond which no power on earth has authority to do. A declaration of nullity declares that the marriage never existed.

129. What is the situation in the Church of parents with children born out of marriage?

Parents with children born outside of marriage are not separated from the Church. They can be reconciled through the sacrament of penance if they repent and are committed to ensure that these children are properly cared for, instructed in the faith and well educated. They can count on God's grace and the care of the Church to accept and overcome the difficulties that this task entails in a Christian way.

130. What is the view of the Church towards those without a family?