Legal Definitions - Pauline privilege

The Pauline privilege is a specific provision within the Canon Law of the Catholic Church that allows for the dissolution of a marriage under very particular circumstances. It applies when two people who were both unbaptized at the time of their marriage later find that one spouse converts to Catholicism.

For the Pauline privilege to be considered, several conditions must typically be met:

• The original marriage must have been valid according to civil law.
• At the time of the marriage, both individuals must have been unbaptized (meaning neither had received Christian baptism in any faith).
• After the marriage, one spouse converts to Catholicism and is baptized.
• The unbaptized spouse either refuses to live peacefully with the newly baptized Catholic spouse without offending God, or deserts them without a just cause.
• The newly baptized Catholic spouse wishes to enter into a new marriage that would be recognized by the Catholic Church.

If these conditions are met, the Church may dissolve the original marriage, primarily for the spiritual benefit of the baptized spouse, allowing them to marry a Catholic in a ceremony recognized by the Church. The application for this privilege requires a formal appeal to the Church authorities, who will then investigate and make a ruling.

It's important to note that the exact scope and application of the Pauline privilege can sometimes be complex and subject to interpretation by Church tribunals.

Examples of Pauline Privilege:

• Desertion After Conversion: Maria and David marry in a civil ceremony, both identifying as atheists. Years later, Maria experiences a profound spiritual conversion and is baptized into the Catholic Church. David, who remains unbaptized, strongly disapproves of her new faith and eventually leaves her, refusing to live with her any longer. Maria then meets a devout Catholic man and wishes to marry him in the Church.

  This illustrates the Pauline privilege because Maria and David were both unbaptized at the time of their marriage. Maria later became baptized as a Catholic. David, the unbaptized spouse, deserted her without just cause. Maria's desire to marry a Catholic man provides the context for seeking the Church's dissolution of her first marriage under this privilege.

• Refusal to Cohabit Peacefully: John and Sarah marry, neither having been baptized or practicing any religion. After several years, John converts to Catholicism and is baptized. Sarah remains unbaptized and, while not physically leaving, she actively creates an environment hostile to John's new faith. She frequently mocks his religious practices, forbids him from bringing religious items into their home, and refuses to allow their children to be raised Catholic, making it impossible for John to live a peaceful life in accordance with his Catholic beliefs within the marriage. John seeks to have his marriage dissolved under the Pauline privilege.

  This demonstrates the Pauline privilege because both John and Sarah were unbaptized when they married. John later became baptized. Sarah, the unbaptized spouse, is not physically deserting him, but her actions constitute a refusal to cohabit peacefully without offending God (by making it impossible for John to live his faith). This scenario could be grounds for the Church to consider granting the Pauline privilege, potentially allowing John to pursue a new marriage recognized by the Church.

• Seeking a New Catholic Marriage After Abandonment: Elena and Carlos, both raised without any religious affiliation, marry in a civil ceremony. A few years later, Carlos abandons Elena and their children, moving to another country and cutting off all contact. Elena, devastated, later finds solace in faith and is baptized into the Catholic Church. She then meets Marco, a devout Catholic, and they wish to marry in the Church.

  This situation illustrates the Pauline privilege because Elena and Carlos were both unbaptized when they married. Elena subsequently converted and was baptized into the Catholic faith. Carlos, the unbaptized spouse, deserted her without just cause. Elena's desire to marry Marco, a Catholic, in a Church-recognized ceremony provides the context for seeking the Pauline privilege to dissolve her prior marriage.