The Divorce of the Ecclesiastical Marriage According to Canon Law: A Legal Analysis

Abstract

This article analyzes the concept commonly referred to as ecclesiastical divorce from the perspective of Canon Law, considering the frequent confusion between canonical nullity of marriage and civil divorce. The objective of the research was to examine the legal foundations supporting the nonexistence of divorce within the canonical legal system and to identify the normative and jurisprudential criteria applied in marriage nullity proceedings. The study adopted a qualitative approach with a documentary design and an analytical-legal method, based on the review of the Code of Canon Law, specialized doctrine, and jurisprudence of the Roman Rota. Four landmark decisions concerning psychological incapacity, lack of discretion of judgment, and exclusion of essential elements of marriage were selected as the unit of analysis. The results showed that marriage nullity does not constitute a mechanism for dissolving a marital bond but rather a procedure aimed at determining whether valid consent existed at the time of marriage. Furthermore, canonical jurisprudence places particular emphasis on the parties' capacity and the authenticity of their consent. The study concludes that marriage nullity and civil divorce are based on different legal foundations and pursue distinct purposes, making their differentiation essential for a proper understanding of canonical marriage and its application in legal contexts such as Ecuador.