Marriage bond
The marriage bond ( lat. Vinculum matrimonii ) is the lifelong and exclusive bond between the spouses that results from a valid marriage ( Can. 1134).
The term is mainly used in canon law , especially in Catholic marriage law , and is essentially synonymous with marriage itself. The marriage bond arises through the marriage covenant , i.e. the declaration of the marriage consent valid under canonical law at the time of marriage and, according to the Catholic view, lasts until the death of a partner (Can. 1141).
According to the Catholic understanding, an existing marriage bond represents an obstacle to marriage (Can. 1085 § 1), i. that is, it is not possible to have a second marriage while the first is still going on. Since it is an obstacle to divine law , it is not possible to obtain a dispensation from this obstacle to marriage. Under certain circumstances, however, it can be doubtful whether a marriage bond exists at all. In such cases, a marriage process against the marriage bond can be carried out before the church court , which is aimed at establishing the nullity or dissolution of the previous marriage (Can. 1085 § 2). In the case of marriage annulment , it is determined with the participation of a marriage defense lawyer that a marriage bond did not exist from the beginning because the marriage consensus was not valid or because there were obstacles to the marriage or defects of form at the time of the marriage .
The divorce of a church marriage is not possible according to the Catholic understanding. In special circumstances, however, according to Can. 1151 mandatory coexistence of two spouses can be lawfully interrupted by an episcopal decree, whereby the marriage bond binding the spouses remains intact ( separatio manente vinculo ). This applies to adultery (approx. 1152) as well as to imminent danger (danger to the body or soul of the spouse or their descendants).
Since, according to Martin Luther, marriage is not a sacrament but can be shaped by the spouse, in the Reformed churches a divorce according to the bond is fundamentally an option, especially in the case of adultery . In addition to biblical sources, Roman law such as the Lex Theodisii is used for justification , which contains an extensive catalog of reasons for divorce, ranging from adultery to cattle theft to immoral conduct.
Individual evidence
- ↑ Andrea Griesebner: Forever yours? The Institute for the Divorce of Table and Bed Contribution to the main topic "European History - Gender History", 2015
- ↑ Volker Leppin : Marriage with Martin Luther. Foundation of God and "worldly thing" , in: Evangelical Theology , Volume 75, Issue 1, February 12, 2015
- ^ Christian Volkmar Witt: Martin Luther's Reformation of Marriage. His theological understanding of marriage against its Augustinian-medieval background . Mohr Siebeck 2017. ISBN 978-3-16-154767-6
- ^ Wilhelm Brauneder : The divorce according to the volume in the draft state regulations for Austria under and whether the Enns 1595 and 1609 ( Memento of the original of July 30, 2017 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Austrian Archive for Canon Law. Quarterly publication 22nd year 1971, pp. 273–290.
