Catholic Treasury Network
Part IIIa SupplementMatrimonyQuestion 59

Disparity of Worship as Impediment

  1. Disparity of worship exists between a baptized child ofthe Church and one who has not been baptized. It is a dirimentimpediment to marriage, by church law, and with good reason; forthe chief end of marriage is the welfare of offspring. Parents divided upon the basic truth of life cannot well concur in the proper education of children, that is, cannot rightly attend to the welfare of their offspring.

  2. Unbaptized persons can be validly married to eachother.

  3. A husband, converted to the faith and baptized, does well to remain with his wife even if she be unwilling to be converted also.

  4. But if the nonbaptized spouse will not live in peace with the converted and baptized spouse, or live without offending God and doing spiritual harm to the baptized party, then the convert-spouse (who by baptism died to his former life and was reborn in Christ) may put away the unbaptized spouse as no longer his true and validly married mate. This fact is known from scripture (I Cor. 7:12-15).

  5. Once the free status of such a spouse (who puts away his mate for reasons given above) is officially established by decision of the ecclesiastical tribunal, he can marry anew.

  6. No other cause than unbelief and recalcitrance in the precise circumstances mentioned can nullify a marriage, and no cause can nullify a valid marriage between Catholics.

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Full Summa Text · III Suppl., Q. 59
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