Legal Definitions - a vinculo matrimonii

A vinculo matrimonii is a Latin legal phrase that translates to "from the bond of matrimony." In legal terms, it refers to a divorce that completely and absolutely dissolves a marriage, freeing both parties from all marital obligations and allowing them to legally remarry. This is the most common and comprehensive type of divorce granted in modern legal systems, signifying a full and final termination of the marital relationship.

• Example 1: After several years of marriage, Sarah and Mark decide to separate. A court grants them a divorce a vinculo matrimonii. This means their marriage is entirely dissolved, they are no longer legally bound to each other, and both are free to remarry without any legal impediment from their previous union.

  Explanation: This example illustrates the core meaning of the term, showing how a divorce a vinculo matrimonii completely severs the marital bond, restoring both individuals to the status of single persons.

• Example 2: During a complex divorce case involving significant assets, the judge issues a decree of divorce a vinculo matrimonii. This comprehensive judgment not only ends the marital status but also finalizes all related matters, such as the division of marital property, spousal support, and child custody, because the underlying legal bond of the marriage has been fully and irrevocably terminated.

  Explanation: Here, the term highlights that a full divorce allows for the complete resolution of all legal and financial ties that were established through the marriage, as the "bond of matrimony" no longer exists to create shared obligations.

• Example 3: David, who was previously married, wishes to marry his new partner, Emily. Before their wedding can proceed, David must provide legal documentation proving that his prior marriage was dissolved a vinculo matrimonii. This ensures that he is legally eligible to enter into a new marriage, as he is no longer considered married to his previous spouse.

  Explanation: This scenario demonstrates the practical implication of an a vinculo matrimonii divorce: it confirms an individual's legal capacity to remarry, as the previous marital bond has been completely severed, removing any legal obstacles to a new union.