|The Sanctifying Function of the Church » The Sacraments » Marriage » The separation of spouses » Separation with the bond remaining
|Spouses have the obligation and the right to maintain their common conjugal life, unless a lawful reason excuses them.
|§1 It is earnestly recommended that a spouse, motivated by christian charity and solicitous for the good of the family, should not refuse to pardon an adulterous partner and should not sunder the conjugal life. Nevertheless, if that spouse has not either expressly or tacitly condoned the other’s fault, he or she has the right to sever the common conjugal life, provided he or she has not consented to the adultery, nor been the cause of it, nor also committed adultery.
§2 Tacit condonation occurs if the innocent spouse, after becoming aware of the adultery, has willingly engaged in a marital relationship with the other spouse; it is presumed, however, if the innocent spouse has maintained the common conjugal life for six months, and has not had recourse to ecclesiastical or to civil authority.
§3 Within six months of having spontaneously terminated the common conjugal life, the innocent spouse is to bring a case for separation to the competent ecclesiastical authority. Having examined all the circumstances, this authority is to consider whether the innocent spouse can be brought to condone the fault and not prolong the separation permanently.
|§1 A spouse who occasions grave danger of soul or body to the other or to the children, or otherwise makes the common life unduly difficult, provides the other spouse with a reason to leave, either by a decree of the local Ordinary or, if there is danger in delay, even on his or her own authority.
§2 In all cases, when the reason for separation ceases, the common conjugal life is to be restored, unless otherwise provided by ecclesiastical authority.
|When a separation of spouses has taken place, provision is always, and in good time, to be made for the due maintenance and upbringing of the children.
|The innocent spouse may laudably readmit the other spouse to the conjugal life, in which case he or she renounces the right to separation .
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