Review article

Divorced and Remarried Couples: The Current State and Perspectives

Josip Grbac orcid.org/0000-0001-5773-8290 ; Theology in Rijeka, Dislocated Studies of Catholic Faculty of Theology, University of Zagreb, Rijeka, Croatia

Abstract

The Extraordinary Synod on Family has awoken many expectations when it comes to divorced and civilly remarried Catholics, related to both, possible proclamation of their marriage void and their admittance to sacraments and their fuller inclusion into the life of the Church. Despite the fact that these expectations were based on a wrong idea of what a synod actually is, they have touched on and brought to the surface some dire problems that have been continuously present when it comes to the Church’s dealing with such conflict situations. It has become evident that pastoral practice in relation to people in such situations and their expectations cannot be changed unless proceeded by a systematic reflection on religious and theological truths that form the basis of this practice. In that sense, the most important conclusion of the Synod, expressed in the speech the Holy Father Francis delivered at the end of the Synod, or in the so-called Relatio Synodi, was that in the meantime, until the Synod that is going to be held at the end of this year, these fundamental truths will be reflected on. These are topics that constitute the basis of theology of marriage and family and they are protected by decrees of the Canon Law. Some of these topics can be identified in the speech delivered by Cardinal Walter Kasper that was supposed to set the frame of discussion on this topic. Some of these issues have brought to the fore by three German bishops in 1993, but they were not approved by the competent Congregation. The starting point is that a validly ratified and consummated marriage is irresolvable. Those believers who disregarded the basic constituents of such marriage cannot be admitted to sacraments of reconciliation and Eucharist. However, the question remains how to determine that a marriage is truly valid and irresolvable? If the belief in the fundamental truths about marriage is a condition of its validity, how can one determine the degree of belief in the fundamental truths about Christian marriage in those who enter into it? What is the role of personal conscience in such matters? Taking into account the current state in which people live and enter into marriages, it seems justified to discuss whether the classic concept of marital consensus is the only possible one or whether there are also different approaches. Is the consensus an act that happens in one moment or should it be perceived as a dynamic process? Similar issues surround the term »consummatum«. Should it be understood as simply bodily and momentary consummation of marriage or perhaps as the »consummation« of the reality of a marriage? Furthermore, one can reflect on the argument of Eucharistic communion and pose the question whether the Eucharist should be understood as a prize for appropriate behaviour in the past or primarily as help for better life in the future. To this one should add the practice of the Eastern Churches who regard the so-called moral death of a marriage as identical with the bodily death of one of the spouses, which allows them to be able to bless the second marriage. This kind of approach has never been condemned by the Catholic Church. All of this raises the issue of how should one understand the sacramentality of the marriage in those cases where marriage has become something entirely different than what it should essentially be – a sacrament of salvation for both spouses. The final document of the Synod, Relatio Synodi, does not offer any definitive conclusions or formulations, but instead it opened new paths for further reflection, having in mind the Ordinary Synod on Family that will take place at the end of 2015. It is hard to believe that the next Synod will settle all these issues. At this point they are merely hypotheses for further reflection. On the other hand, one can expect more efficient and speedy solutions when it comes to the betterment of the practice of ecclesial courts in the process of proclaiming a marriage void and especially when it comes to the pastoral approach to those people who find themselves in such state.

Keywords

divorced and remarried; proclaiming a marriage void; validity; sacramental pastoral work; morality; canon law

Hrčak ID:

147996

URI

https://hrcak.srce.hr/147996

Publication date:

28.10.2015.

Article data in other languages: croatian

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