POPE SPEAKS ON THE INDISSOLUBLE BOND OF MATRIMONY

VATICAN CITY, JAN 21, 2000 (VIS) - Today, as is traditional at this time of year, the Pope received members of the Tribunal of the Roman Rota for the occasion of the start of the juridical year.

In his talk, the Holy Father recalled the doctrine concerning the absolute and indissoluble nature of ratified and consummated matrimony. He contrasted this with the "'mistaken theoretical and practical concept of the independence of the spouses in relation to each other' (which has an effect on) 'the growing number of divorces'."

He went on: "'The indissolubility of marriage finds its ultimate truth in the plan that God has manifested in His revelation: He wills and communicates the indissolubility of marriage as a fruit, a sign and a requirement of the absolutely faithful love that God has for man and that the Lord Jesus has for the Church'."

Quoting the Catechism of the Catholic Church, the Holy Father stated: "'The Church maintains, through faith in the Word of Jesus Christ, that a new union cannot be recognized as valid, if the first marriage was (valid)'."

"The declarations of nullity for reasons laid down in canon law, especially due to defects or errors in matrimonial consent, cannot however conflict with the principle of indissolubility. It is undeniable that the current mentality of the society in which we live has difficulty in accepting the unbreakable nature of the matrimonial tie. ... Nonetheless, this genuine difficulty is not equivalent 'sic et simpliciter' to a concrete refusal of Christian marriage and of its essential qualities. Even less does it justify the supposition, unfortunately at times postulated by certain tribunals, that the prevalent intention of spouses - in a secularized society beset by strong currents in favor of divorce - is to seek a breakable marriage link, to the point that (these tribunals) demand proof for the existence of true consent."

The Pope went on to deal with the topic of the Supreme Pontiff's authority in relation to ratified and consummated marriage, underlining that even the power of the Pope cannot dissolve the link: "To sustain the opposite view," he explained, "would imply the idea that absolute and indissoluble marriage does not exist. This would be contrary to the meaning of what the Church has taught and still teaches about the unbreakable bond of matrimony."

The 'sacra potestas' of the Roman Pontiff, he added, "does not include any power over divine, natural or positive Law. ... Consequently, it is clear that the non-extension of the Pope's authority over sacramental, ratified and consummated marriage is a fact taught by the Church's Magisterium as a doctrine to be considered as definitive, even though it has not been solemnly declared in a defining act."

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