Cleveland, Ohio, Aug 24, 2004 / 22:00 pm
Couples who marry in the Roman Catholic Church are bound by an antenuptial (prenuptial) agreement, which includes specific rules about separation and divorce, according to a brief filed today by Cleveland attorney Bob Lynch, on behalf of his client, Marie (Bai) Macfarlane.
Mr. Lynch has argued, on behalf of his client, that her husband violated the antenuptial agreement, which was willingly consented to by both parties, by separating and filing for divorce without first consulting his bishop, and has thus asked that all temporary orders be dismissed.
In The Code of Canon Law, canon 1153 requires a spouse to first demonstrate to the bishop or the tribunal that there’s an acceptable reason for separating from the other spouse, unless there is “danger in delay”. Macfarlane’s husband, Bud, did not first consult with Cleveland’s Bishop Pilla before moving out of the family home and subsequently filing for divorce. Canon 1692 requires that a spouse receive authorization to “approach the civil forum.”
Mr. Lynch has asked that the Church’s laws be upheld following the precedent in case law of Orthodox Jews who have had their prenuptial agreements upheld by civil authorities.