The Info List - Petrine Privilege

--- Advertisement ---

Corpus Juris Canonici

Decretist Regulæ Juris Decretals of Gregory IX


Decretum Gratiani Extravagantes Liber Septimus

Ancient Church Orders

Didache The Apostolic Constitutions

Canons of the Apostles

Collections of ancient canons

Collectiones canonum Dionysianae Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis


Pseudo-Isidorian Decretals Benedictus Deus (Pius IV) Contractum trinius Defect of Birth Jus exclusivae Papal appointment

Oriental law

Code of Canons of the Eastern Churches Eastern Canonical Reforms of Pius XII Nomocanon Archeparchy


Liturgical law

Ecclesia Dei Mysterii Paschalis Sacrosanctum concilium

Musicam sacram

Summorum Pontificum Tra le sollecitudini

Sacramental law

Canon 844 Ex opere operato Omnium in mentem Valid but illicit

Holy Orders

Impediment (canon law)


Clerical celibacy (Catholic Church) Nullity of Sacred Ordination

Apostolicae curae

Dimissorial letters Approbation


Apostolic Penitentiary Complicit absolution Canon penitentiary Internal forum Paenitentiale Theodori Penitential canons Seal of the Confessional


Eucharistic discipline Canon 915

Matrimonial law

Banns of Marriage Declaration of Nullity

Matrimonial Nullity Trial Reforms of Pope

Defender of the Bond Impediments to Marriage

Affinity Bigamy Clandestinity Impediment of crime Disparity of Cult Ligamen

Matrimonial Dispensation

Ratum sed non consummatum Sanatio in radice

Natural marriage

Pauline privilege Petrine privilege

Trials and tribunals


Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary

Tribunal Officers

Judicial Vicar/Officialis Auditor Advocatus Diaboli Defender of the Bond

Tribunal Procedure

Appeal as from an abuse Presumption

Canonical structures Particular churches

Particular churches sui juris

Latin Church Eastern Catholic Churches

Local particular churches

Abbacy nullius

Abbot nullius

Apostolic vicariate

Apostolic vicar

Apostolic administration

Apostolic administrator

Archdiocese Diocese

Aeque principaliter Cathedraticum In persona episcopi Chancery Deanery

Vicar forane

Archeparchy Eparchy Military ordinariate Mission sui juris Personal ordinariate

Anglicanorum Coetibus

Personal Prelature

Juridic persons

Parish Roman Curia

Dicastery Congregation Pontifical council


Canonical coronation

Canonically crowned images

Computation of time Contract law Custom Delegata potestas non potest delegari Derogation Dispensation

Taxa Innocentiana

Indult Impediment Interpretation

Pontifical Council for Legislative Texts

Jurisdiction Peritus Obreption & subreption Obrogation Promulgation Resignation of the Roman Pontiff Sede vacante Vacatio legis Valid but illicit

Philosophy, theology, and fundamental theory



Treatise on Law


Law of persons

Person (canon law) Canonical age Canonical faculties Clerics and public office Clerical celebacy Consecrated life Defect of Birth Emancipation Juridic & physical persons Jus patronatus Laicization (dispensation)

Canonical documents

Notary (canon law)

Protonotary apostolic

Apostolic constitution Canon Concordat Decree Decretal Encyclical Motu proprio Ordinance Papal brief Papal bull Penitential Positive law Rescript

Penal law

Canon 1324 Canon 1398 Censure (canon law) Excommunication

List of excommunicable offences in the Catholic Church List of people excommunicated by the Catholic Church

List of excommunicated cardinals

Interdict Internal forum Laicization (penal) Latae sententiae

Procedural law Election of the Roman Pontiff

Universi Dominici gregis Papal renunciation

Catholicism portal

v t e

Petrine privilege, also known as the privilege of the faith or favour of the faith, is a ground recognised in Catholic canon law allowing for dissolution by the Pope
of a valid natural marriage of baptized persons or between a baptised and a non-baptised person, for the sake of the salvation of the soul of someone who is thus enabled to marry in the Church.[1] In essence, it is an extension to marriages between a baptised and a non-baptised person of the logic of the Pauline privilege, the latter being dissolution of a marriage between two non-baptised persons to enable one of them, on becoming a Christian, to enter a Christian marriage. According to Canon 1150 of the Code of Canon Law
Code of Canon Law
of 1983 the privilege of the faith "possesses the favor of law."[2] In other words, whenever it is possible that the privilege is applicable, the law favors its granting.[3] Nevertheless, dissolution of a marriage in favour of the faith, which is seen as having a biblical precedent in Jews putting away their non-Jewish wives recounted in Ezra 10:1-14, is rarely used.[4]


1 Terminology 2 Natural marriage 3 History 4 Conditions 5 See also 6 References 7 External links

Terminology[edit] While the Pauline privilege
Pauline privilege
is so named in reference to the instructions of Saint Paul
Saint Paul
in 1 Corinthians 7:12-15, the term "Petrine privilege", which was coined by Franz Hürth in his 1946 lectures on the Holy See's norms and practice, refers not to any rule given by Saint Peter, but to an exercise of authority by the Pope
as successor of Saint Peter.[1][5] Canonists now generally consider inappropriate the term "Petrine privilege" (as opposed to "privilege or favour of the faith"),[6] but it remains in common use. Natural marriage[edit] The kind of marriage to which the "favour of the faith" applies is a valid natural marriage. Baptism
is required for valid reception of the other sacraments, and because in marriage two people are involved together, if either of them is not baptised, there is no sacrament. A natural marriage, while recognised as valid, is classified as not confirmed (non ratum) and can be dissolved for the sake of the higher good of a person's faith.[7] If at any time, even after separation, the non-baptised party receives baptism, the marriage becomes sacramental and the "favour of the faith" no longer applies. However, if the husband and wife do not have marital intercourse after both become baptised persons, a marriage thus confirmed but not consummated (ratum sed non consummatum) can still, for a just cause, be dissolved in accordance with canon 1142 of the Code of Canon Law.[8] History[edit] In response to the missionary growth of the 16th century, the popes (primarily Paul III, Altitudo, 1 June 1537; St Pius V, Romani Pontifices, 2 August 1571; and Gregory XIII, Populis, 25 January 1585) developed new norms in order to deal with polygamists, whereby a number of new "privileges" were approved that went well beyond those provided for by the Pauline privilege. The 1917 Code of Canon Law extended these to the whole Church, and the great increase of mixed marriages and of divorce in the 20th century has greatly increased pastoral needs in relation to marriage. Accordingly, the governing norms have continued to undergo development.[9] A precedent was set when in 1924 Pope
Pius XI dissolved the 1919 marriage of Gerard G. Marsh (unbaptised) and Frances E. Groom (a baptised Anglican) of Helena, Montana, who were civilly divorced a year later. This was done to favour Marsh's marriage to Lulu LaHood, a Catholic.[5] Cases became so numerous that, in 1934, the Holy Office issued "Norms for the Dissolution of Marriage in Favour of the Faith by the Supreme Authority of the Sovereign Pontiff". These applied even when the baptised party was a Catholic who had married a non-baptised person after obtaining a dispensation so as to enter into a valid natural marriage. On 6 December 1973, new norms were issued revising those of 1934. These in turn were replaced by a revised text on 30 April 2001.[9] Conditions[edit] The petitioner (one of the parties in the marriage to be dissolved):

if baptised and Catholic at the time of the marriage in question, must intend to marry a baptised Christian (soon after or in the future). if non-baptised or baptised in another Christian Church, must either

intend to enter the Catholic Church or be baptised in it, or intend to marry a baptised practising Catholic.[10][11]

See also[edit]

Christian views on divorce Pauline privilege


^ a b Bruno Primetshofer, "Petrine Privilege ^ Code of Canon Law, canon 1150 ^ Örsy, Ladislas (1988). Marriage in Canon Law: Texts and Comments, Reflections and Questions. Gracewing Publishing. p. 228. ISBN 978-0894536519.  ^ Randall D. Noller, "Marriage, Divorce, and the Pauline Privilege" ^ a b Eileen F. Stuart, Dissolution and Annulment of Marriage by the Catholic Church (Federation Press 1994), pp. 108-114 ISBN 978-1-86287136-6 ^ Orlando O. Espín, James B. Nickoloff (editors), An Introductory Dictionary of Theology and Religious Studies (Liturgical Press 2007), p. 1036 ISBN 978-0-81465856-7 ^ Arlington Diocese, "Dissolution of the Bond of Marriage – Favor of the Faith- Petrine Privilege" ^ Code of Canon Law, canon 1142 ^ a b Congregation for the Doctrine of the Faith, "Norms on the preparation of the process for the dissolution of the marriage bond in favour of the faith" ^ Diocese of Covington Tribunal, "Petition for Favor of the Faith – Petrine privilege"[permanent dead link] ^ Diocese of Venice in Florida, "Application form for Petrine Privilege Dissolution "in favor of the Faith"

External links[edit]

Archdiocese of Chicago Metropolitan Tribunal FAQ: Question 40 Noonan, John T., JR. A Church that Can and Cannot Change. University of Notre Dame Press. Notre Dame, Indiana. 2005. Chapters 24-26. Congregation for the Doctrine of the Faith, Vatican, Norms on the Preparation of the Process for the Dissolution of the Marriage Bond in Favour of the Fa