Keys to getting the Church to dissolve a marriage
Nowadays, the most celebrated marriages in Spain are civil ones, but until recently they were those celebrated by the Church. This trend has now changed, among other reasons, civil marriage allows divorce or separation more easily, in addition to offering the advantage that once the bond is broken, people can remarry.
The Church allows marriage to be broken when any of the causes of marital dissolution or annulment. In the case of annulment, the ecclesiastical Court considers that the marriage celebrated is not valid and, therefore, not celebrated, making it possible for the two spouses to marry again freely. On the other hand, marital dissolution occurs when the marriage is validly celebrated but one of the two spouses cannot comply with marital obligations, producing the same effects as annulment.
Canon Law allows two people to separate and therefore not continue with marital coexistence. This option does not break the marriage and strict causes must be met, such as one of the two spouses being an adulterer or seriously altering marital coexistence, both physically and spiritually. In any case, the Church strongly advises forgiving the other spouse in order to restore coexistence as soon as possible. Separation does not allow spouses to remarry.
The procedure to request annulment or marital dissolution, as well as separation, is very different from the divorce or civil separation procedure. To achieve the breakup of the marriage, it is necessary that the sentence be confirmed by two different courts that thoroughly examine the causes presented, since the Church considers that a validly celebrated and consummated marriage cannot be broken by anyone.
Fountain: www.diariojuridico.com