Code of Canon Law: text (original) (raw)
CHAPTER II: CASES CONCERNING THE SEPARATION OF SPOUSES
Can.1692 §1 Unless lawfully provided otherwise in particular places, the personal separation of baptised spouses can be decided by a decree of the diocesan Bishop, or by the judgement of a judge in accordance with the following canons.
§2 Where the ecclesiastical decision does not produce civil effects, or if it isforeseen that there will be a civil judgement not contrary to the divine law, the Bishop of the diocese in which the spouses are living can, in the light of their particular circumstances, give them permission to approach the civil courts.
§3 If thecase is also concerned with the merely civil effects of marriage, the judge is to endeavour, without prejudice to the provision of §2, to have the case brought before the civil court from the very beginning.
Can.1693 §1 The oral contentious process is to be used, unless either party or thepromotor of justice requests the ordinary contentious process.
§2 If theordinary contentious process is used and there is an appeal, the tribunal ofsecond instance is to proceed in accordance with can. 1682 §2, observing what has to be observed.
Can.1694 In matters concerning the competence of the tribunal, the provisions of can. 1673 are to be observed.
Can.1695 Before he accepts the case, and whenever there appears to be hope ofsuccess, the judge is to use pastoral means to induce the parties to bereconciled and to resume their conjugal life.
Can.1696 Cases of separation of spouses also concern the public good; the promotorof justice must, therefore, always intervene, in accordance with can. 1433.