How to dissolve a church marriage unilaterally. Debunking a church marriage: procedure and reasons How to dissolve a church marriage

Today, many couples, when registering their marriage, prefer to accompany this process with a beautiful wedding ceremony in a church. And only a few realize the seriousness of the religious sacrament, as well as the responsibility that is placed on them after the wedding.

Coming to the civil dissolution of marriage, spouses ask themselves: ? The Orthodox Church provides a special procedure for this.

What is the fundamental difference between “debunking” and civil divorce?

As you know, a civil divorce can be carried out in one of two instances:

• at the registry office;
• in a court.

This will depend on certain circumstances, namely: the presence of minor children, mutual/non-mutual consent of the spouses, attendance/non-appearance at scheduled previous meetings, etc.

Divorce in the church order has no gradation regarding the authorities. The Church does not carry out legal proceedings regarding divorce cases, regardless of the presence or absence of children of the spouses. To obtain a clergyman’s resolution to break the marriage bond, it is enough submit a petition to the diocese.

It is important to know! Divorce in the church order is carried out on the basis of an act of civil divorce: or a court decision.

Where is it easier to get a divorce: in the church or in civil authorities?

In some cases, the procedure for a church divorce can be significantly simpler than its civil version. First of all, this applies to those cases where the divorce takes place in court.

The trial process is longer than in the registry office and the church. The trial may be extended several times by the judge, since it occurs in the following cases:

• presence of minor children;
• disagreement of one of the spouses to break the marriage bond;
• failure to appear at the registry office.

Despite the relative simplicity of the procedure, you should not take the issue of church marriage and divorce lightly. The Church has a very negative attitude towards the facts of breaking family ties, as well as their reasons.

For your information! Those who want to “debunk” will need to carefully prepare to argue the reasons for this. Their list is limited, clearly stated in some church acts. This is the complexity of the procedure for a church divorce, as opposed to a civil one. The usual wishes of the spouses will not get by here.

What acts of church legislation regulate the issue of divorce?

Back in 1917-1918. The Council of the Orthodox Church adopted an act - “Definition on the reasons for the dissolution of a marriage consecrated by the Church”. The document defined the reasons that were considered “legal” in church circles for ending a marriage between married spouses. These circumstances are still accepted by the church as valid reasons for carrying out the “debunking” procedure.

First of all, the document regulating issues of church marriage and its dissolution today is the “Fundamentals of the Social Concept of the Russian Orthodox Church” (2000). The 10th chapter of this document - “Issues of personal, family and public morality” - sets out the position of the church in relation to divorces and the procedure for committing them.

Also in 2000, the “Charter of the Orthodox Church” was adopted, in which special attention is paid to the procedure for examining divorce cases by diocesan clergy.

Interesting! The Orthodox Church of the Moscow Patriarchate decided to collect requirements for the conclusion and dissolution of church marriages within one specialized document - “On Church Marriage” (2015). His project can be found on the official website of the religious structure.

The relationship between church, civil and de facto types of marriage

A civil marriage is a relationship officially registered with special government bodies. Registration is the fundamental difference between a civil marriage and an actual marriage, which is not formalized in the manner prescribed by law.

Interesting! As it turns out, in our time, unregistered cohabitation is mistakenly called a civil marriage.

A church marriage is a relationship consecrated through a special church procedure - a wedding. In some countries, only church marriages are recognized as legal, those that have legal force.

In our country, the relationship between these types of marriage bonds is as follows: civil marriage is endowed with legal force, which other types do not have. Actual unions do not receive the approval of the clergy. Church marriage is “superimposed” on civil marriage: the church recommends first officially legitimize the relationship between the spouses, and only after that cement the union before God.

What is the basis for church divorce?

If the reason for a civil divorce can be the expressed desire of the spouses or one of them, then for a church procedure it alone is not enough. In order for the church to show leniency and give permission for a divorce, obvious evidence is needed that the family has broken up and there is no longer any chance of its restoration.

One of the most striking evidence for the church can be considered the separation of spouses for a long time.

The unconditional reasons why the church satisfies the desire of the spouses to “debunk” are:

• conflicts between spouses based on different religions;
• recognition by one of the spouses of his infidelity;
• officially medically confirmed diseases of one of the spouses: AIDS, syphilis, alcoholism, drug addiction, mental disorders;
• incurable problems with the reproductive function of one of the spouses certified by a doctor;
• abortion without the knowledge and consent of the husband.

The Church also provides for the dissolution of a marriage if it was fictitious, based on violent coercion, blackmail and other illegal methods, if there is appropriate evidence and confession.

“Dethronement” is also permitted if living together between spouses becomes impossible due to excessive conflict, the use of violence in the family, or an attempt on the life of one of its members (including a child).

Church canons allow the dissolution of a marriage when it is considered illegal and according to civil laws:

• one of the spouses at the time of registration of this marriage had other undissolved marriage ties;
• entered into a subsequent marriage during the current married life;
• married spouses are related to each other;
• one of the spouses, being married, begins a relationship with a close relative.

It is important to know! The church is lenient towards one of the spouses even when the second one is missing and missing five years. In this case, the canons make it possible to free a person from bonds. This also applies to situations where the husband or wife are serious offenders sentenced to punishment with serious consequences (confiscation of property, etc.).

How to correctly draw up a petition for dissolution of a church marriage (sample)?

In order to dissolve a marriage sealed by a church rite, it is necessary to draw up and submit a special petition addressed to the diocesan bishop - representative of the diocesan administration.

This document can be drawn up and submitted by either one or two spouses wishing to dissolve the marriage. In order to carry out the procedure correctly, and to avoid possible delays in the consideration of the case due to errors in filling out the form, it is suggested that you familiarize yourself with a sample petition for the dissolution of a church marriage.

This document is quite simple in structure and does not require too much data. To create it, you must indicate:

• last names, first names and patronymics of spouses;
• wedding date;
• place of the ceremony;
• name of the temple;
• reason for divorce.

For your information! If there is a desire for one or both spouses to enter into a second church marriage already at the time of the divorce, this point can also be specified in the petition: ask permission from the diocese, indicating the details of the future wife and/or husband.

Filing a petition for dissolution of a church marriage

So, as we have already indicated above, the petition for “debunking” is submitted to the diocesan bishop. This means that the document should not be taken to the temple in which the priest performed the wedding sacrament, but directly to the diocese itself (at any level). The case will be submitted to the bishop for consideration, because it is within his competence to make decisions on terminating the bonds.

You can submit a petition to the diocese on any day of the week, except weekends. For this, the presence of both spouses is not necessary. This procedure can be carried out by one person.

Only those applications that are accompanied by the established package of documents are considered:

• a copy of the civil divorce document (certificate);
• original wedding certificate;
• copies of documents that will substantiate the reason for church divorce (if necessary);
• copies of passports of divorcing spouses.

Important! Spouses will need to attend the hearing in person at the appointed time.

The procedure for considering a petition in the diocese

The procedure for considering each request is individual. But there are several general steps in it:

• review of the petition and documents attached to it by a commission in the diocese where they were submitted;
• transfer of a package of documents to a representative of the higher (regional) diocesan administration, who will make a decision on the case;
• consideration of the case together with the spouses during a personal conversation.

The duration of the conversation between the clergyman and the spouses is not regulated by any documents, nor is its content. During this time, the spouses will try in every possible way to reconcile.

If this cannot be done, the former spouses are given a document with the priest’s resolution to terminate the marriage.

Repeated church marriage: myth or reality?

Regarding remarriages, church canons are quite strict. As a result of meeting certain requirements, it is possible to obtain permission to re-marry a divorced person with another person. The Church allows no more than three marriages.

The next church marriage is most often permitted for the spouse who was not responsible for the dissolution of the bond in the first case. In such a situation, the sacrament of wedding takes place traditionally, just like the first time. But if both spouses enter into a church marriage again, then the wedding procedure for them will be slightly different from the first: crowns will not be placed on them (the “second order” procedure).

The church canon also provides for the possibility of remarriage for those who have been “guilty” of a previous “debunking.” But for this it is necessary to fulfill church requirements - to perform repentance by performing penances.

Penance is the so-called “punishment” that is imposed by the church to atone for the sin of the perpetrator of the “debunking”. In their form, penance can differ significantly:

• pilgrimage to holy places;
• fast;
• almsgiving, etc.

The duration of penance (on average from two to three years), its form is chosen by the priest. It often depends on the extent of the “sin” that led to the dissolution of the church marriage.

Based on the results of “serving church punishment” and atonement for sin, the priest makes a decision: to satisfy or reject the person’s request for a second wedding.

Interesting! To obtain permission to enter into a third church marriage, the conditions and period of penance are tightened. At the same time, the person wishing to do so should not have children from his first two marriages, and his age should not exceed 40 years.

Thus, church divorce is not a fiction, but a real procedure that is carried out by the church. But due to the possibility of being “debunked,” you should not take a frivolous approach to consolidating marriage bonds through a church sacrament. When making a decision about a wedding, you need to be guided not by dreams of a beautiful ceremony, but by the seriousness of your intentions and the willingness to be responsible for your actions.

The clergyman tells

In the video below, the rector of the Church of St. Basil the Great, Father Arkady, gives answers to questions about debunking.

When people are in love with each other, they dream of uniting their destinies not only in civil institutions, but also before God, having undergone the sacrament of wedding in church. However, sometimes in life things are not as beautiful and rosy as we imagine. Therefore, people who once loved each other often get divorced. But a church divorce is not so easy to carry out, because a church marriage is a sacrament in which God himself gives his blessing to a believing couple to live together, give birth and raise children. And then, “What God has joined together, let no man separate...”

A church marriage provides for lifelong fidelity of the spouses and the indissolubility of an Orthodox marriage, and, nevertheless, she can give consent to a church divorce in some cases provided for by church canons. This is currently being done by a special canonical group under the diocesan council.

As a rule, the question of church divorce arises at the moment when one of the spouses, who was not the culprit in the breakdown of the family, decides to undergo the sacrament of wedding again. And without a church divorce, this will be impossible. Naturally, there are those who do not think much about the need to dissolve a church marriage, but for believers this issue is very important. After all, only true believers can undergo an Orthodox wedding ceremony. A church divorce does not end a marriage in the absence of a secular divorce. However, a secular divorce is sufficient for the state, after which a person is considered free in the absence of a church divorce. The Church does not consent to the dissolution of a church marriage to please a whim, or for the purpose of “proofing” a civil divorce. However, if the breakdown of the family is a fait accompli, in particular, if the spouses have not lived together for a long time, and restoration of the family is not possible, church divorce is permitted by pastoral indulgence.

Reasons on which the church gives consent to church divorce.

• Inability to cohabitate in marriage, which occurred before marriage or was the result of deliberate self-mutilation.
• Refusal or acceptance by a spouse of another faith.
• Unnatural vices.
• Cheating spouse.
• Conviction to punishment with deprivation of all rights of the estate.
• One of the spouses has leprosy or syphilis.
• Serious, incurable mental illness and disorder of one spouse, without notice to the other spouse.
• Illegal (forced) marriage.
• Inability of one of the spouses to bear children.
• Pimping and benefiting from the lewdness of spouses.
• Attempt on the life or health of a spouse or children.
• Leaving the family by one of the spouses.
• Marriage between close relatives without the knowledge of the spouses.
• The marriage was concluded when one of the spouses had a legal spouse.
• Cohabitation between father-in-law and daughter-in-law (daughter-in-law).
• Entry of one of the spouses into another marriage.
• Unknown absence of one of the spouses for more than 5 years.

The Church denies remarriage. And yet, according to canon law, the spouse, through no fault of whom the family disintegrated, can re-commit a church marriage. For those spouses who were the culprits of the divorce, a second church marriage is allowed only if they repent and fulfill the penances that are imposed according to the canonical rules. In exceptional cases, a third church marriage is allowed, but according to the rules of Basil the Great, the period of penance is increased.

If a decision is made on a church divorce, the spouses are issued a document and a feasible penance is assigned, subject to the availability of a document on a secular divorce. However, this document is advisory in nature. The issue of each church divorce is resolved individually, which is why the Days of the Confessor were introduced. Priests often have differing opinions regarding each case of church divorce.

To go through the “debunking” procedure, you must submit a petition addressed to the diocesan bishop to the diocesan administration. To do this, the former spouses must come to the confessor on certain days and write a petition. Despite the fact that the petition is written by one of the spouses, the written consent of the other must be attached to the petition, so it is better to come to such an important event together.

The breakdown of a family is always perceived by the church as a tragedy for which both spouses are guilty. Therefore, awareness and recognition of this fact should come to each of the spouses. In the petition, the last words of both spouses are “... I apologize for the broken marriage.” It should also briefly indicate the history of the marriage and the reasons for the divorce, the place and date of the church marriage, as well as attach a copy of the wedding document (if one was issued) and a copy of the civil (secular) divorce document.

The confessor submits the petition with attached documents to the Diocese, whose manager, after consideration, puts forward a resolution. After this, the confessor issues a document with a resolution to the former spouses. It serves as evidence that the church terminates the marriage between the applicants.

After the dissolution of a church marriage or its recognition as “graceless,” the sacrament of wedding can be performed again. If a wedding is being held for the first time for one of the spouses, then the usual ceremony is performed as for the first time. The Church disapproves of remarriages and allows them only out of leniency towards human weaknesses.

The decision of the spouses to get married in a church should be taken seriously. Before the wedding, the priest finds out from the bride and groom the degree of their faith, whether they have been baptized, and also how spiritually they are ready for a church marriage. Many couples enter into a church marriage, paying tribute to fashion, or because of the beauty and solemnity of the ceremony itself. It is not surprising that such families then ask the church to debunk them. Therefore, before taking such a step, you need to be confident in yourself and your partner, and most importantly, in your faith.

Today, the sacrament of weddings is often distinguished by the fact that the couple who decides to take this step follows fashion rather than really wants to unite with each other in heaven. Obviously, this is why so many questions arise about how to get through the debunking of a church marriage.

Understanding Church Marriage

Before we analyze the concept of “debunking a church marriage,” we should understand what the essence of marriage itself is. The very first thing he pursues is love, teaching this feeling in the bosom of the family. In the church understanding, marriage is considered an ideal school of love. Also, a church marriage is a special blessing from God. Spouses can always count on help in difficult times for the family.

Of course, we all love it when we get married and want to get married. However, what does our love mean? Often this is pleasure of another person for the sake of one's own pleasure. “I feel good with him/her.” But the essence is a little different. Believers enter into church marriage to help each other in their spiritual life.

Today this concept has been distorted, and the sacrament of wedding has turned into a tribute to fashion. The man suddenly realized that this was beautiful and unusual (especially in the post-Soviet space). But the soul does not have that trepidation before entering into married life, before the sacrament of wedding, before God. Apparently this is why there are so many divorces.

The sacrament of wedding as the beginning of married life under God's protection

Debunking a church marriage is a completely common procedure today. But we still need to consider how the union of two loving people in the bosom of the church occurs. It should be noted that the sacrament of wedding itself is a relatively young tradition and came to Rus' somewhere in the 15th-16th centuries. In Byzantium, this sacrament was the privilege of only rich people, and for the simpler class there was the blessing of the bishop and shared communion.

Today, there is an established wedding rite, which was formed in the 9th-10th centuries. And here you should understand that a new type of marriage has arisen - this is a union forever, even after death. Here the possibility of even thinking about another marriage ceased to exist. The man had unlimited faith in his union and did everything possible to preserve it. Of course, in our time everything is completely different, but this is the essence of the wedding.

The sacrament itself occurs after the betrothal of the future spouses. They must come to church with lit candles and stand in front of the lectern. The priest standing before them begins the ceremony by asking questions about the firmness of their intentions. If an affirmative answer is received, then the wedding continues. The couple is blessed, prayers are read, and crowns are placed on their heads. Then the prayers are read again, the spouses walk around the lectern three times following the priest.

It should be noted that weddings do not take place during Lent, Christmastide, Easter week, Tuesday and Thursday (Wednesday and Friday are considered fast days).

In what cases can you ask for the dissolution of a church marriage?

To dissolve a union, compelling reasons are required. Debunking a church marriage is possible in the following cases:

• betrayal of one of the spouses;
• marriage of one of the spouses;
• excommunication from Orthodoxy of one of the spouses;
• inability to have children in marriage;
• long absence of a spouse without news;
• mental illness of one of the spouses;
• danger or already committed violence in marriage against any of the spouses or children;
• strong addiction or dependence on alcohol or drugs, etc.

In general, this small list can be further expanded, since situations vary.

How does this procedure happen?

Now let's look at the debunking of a church marriage, the procedure of which is not entirely common. There is no such thing as church divorce. You are simply given a blessing for a new wedding. However, they give it taking into account all the reasons why a previous marriage may be considered invalid.

The procedure is as follows. You need to submit a petition to the Diocesan Administration. In every city you can find a representative office where you can contact. For example, the debunking of a church marriage in Moscow can be carried out in the Novodevichy Convent. This is where you need to go to file your petition.

You will need documents to submit. First, take your passport, then your new marriage certificate. That is, re-wedding is possible when you have already sealed your new union with the seals of secular law. You must also take a certificate stating that your previous marriage has been dissolved. The presence of the second ex-spouse during the divorce is not at all necessary, because, as mentioned above, a blessing for remarriage is obtained.

After you have received permission, you can contact any temple with a request to marry you. But you should know that if both spouses have already been married in the past, then the sacrament will take place in the second order (crowns will not be laid). If one of the spouses has not been married before, then the ceremony takes place as usual.

However, you should know that re-entering into a church marriage is not very approved. Of course, it is taken into account that we are all not ideal and have a large number of sins. There is only one case in which remarriage is less blameworthy. This is the death of a spouse.

Who can re-enter a church marriage?

Now you know how a church marriage is debunked. Only the spouse who is not guilty of the dissolution of the previous marriage can get married a second time. The one who was guilty of this can enter into a new union only after repentance and penance, which is imposed by the priest in accordance with the canons.

The wedding itself is no longer as solemn as the first time. For those planning to marry for the third time, a longer and stricter penance is established.

Conclusion

As you can see, debunking a church marriage is not a complicated procedure at all. However, before you decide to take this step, you should ask yourself the question: have you done everything to save your union? After all, marriage should not be a toy; you cannot first live with one person and then suddenly decide that he is not suitable for you. Keep family values, keep your word given before the altar. If it is not possible to live with this person and build a relationship, then apply for a divorce, justifying the reasons. If you find them very convincing, then you will get it.

Wedding is one of the sacraments performed by the Orthodox Church. A beautiful and solemn ceremony attracts newlyweds. But it often happens that a wedding is just a tribute to modern fashion; young spouses do not understand the enormous responsibility that they have taken upon themselves. Debunking a church marriage is condemned and not welcomed by the priesthood. After all, relationships blessed by God are once and for all!

The main reasons for the dissolution of a marriage consecrated by the church

When a divorce has officially taken place in the registry office, the former spouses want to dissolve their relationship in the church, but for this there must be particularly compelling reasons, and their fact will need to be proven:

• Infidelity(treason, adultery) of one of the spouses. According to the Teachings of Christ, this reason alone was previously the only reason for divorce. This is a huge sin and nowadays there are practically no refusals on this basis.
• Fall of one of the spouses from the Orthodox faith. To recognize this reason, the church will require proof of conversion to another religion or recognition of oneself as an atheist. The most terrible sin is considered to be the transition of a person to Islam or paganism.
• Polygamy(polygamy). This refers to the acquisition by one of the spouses of a second family on the side if there is an existing one. This is strictly prohibited from both the Orthodox and civil points of view.
• Presence of sexually transmitted diseases in one of the spouses. Another proof of adultery.
• Long absence of husband or wife(missing in action). Moreover, the church recognizes a person as missing after 2 years (for those who took part in hostilities and for sailors), in other cases the period of absence is calculated at 5 years. Russian Legislation in this case recognizes a person as dead.
• Attempts to cause harm to the life and health of household members(spouse, children, parents). This includes, among other things, the commission of sexual or lewd acts against minor children.
• Imprisonment of husband or wife.
• Mental illness. An incurable mental illness that often poses a danger to others.
• Complete infertility of husband or wife.
• Incest. Sexual intercourse or marriage with blood relatives.

Hello, father! I want to ask you this question.

On the initiative of my wife, whom I supported, we got married. I went through this with the goal of strengthening our marriage spiritually, we are both Orthodox, we went to church and to services. You know, the Lord did not leave us with his mercy, when my wife needed urgent gynecological surgery, he helped us and everything ended well.

At the instigation of her relatives, she stopped treating our marriage with reverence, she was instilled with the idea that divorce is normal, you just need to find someone richer and younger, and in this situation she found herself a virtual friend on the Internet who earns more than me, and got ready run to him. This businessman turned out to be a phantom, but I did not forgive her for this even virtual betrayal.

If a non-existent person “blows the brains” of my flighty wife in 4 days of virtual communication, then if there is a real boyfriend this will happen 2 times faster.

We filed for divorce and agreed that we would live a month before the divorce in peace, then we would receive the recognition of the church marriage as invalid, because she would have to establish a new life, including an intimate life, and not live in actual fornication, bearing mortal sin, especially According to the canon, there is a reason - the extremely poor health of the wife and the obvious inability to bear children, that is, she will be able to get pregnant, but carrying a fetus involves a huge risk to life.

But in order to knock out a wedge with a wedge, she urgently needs a man’s shoulder, in order to forget me as quickly as possible, she urgently needs to get a new lover. She doesn’t know what she’s doing - without even divorcing me at the registry office, she’s already posted on a dating site under her photo, indicated “single” in her profile, obviously, she’s actually ready, excuse me, to give it to the first person she meets. I can’t reason with her, I’m not her judge.

The question is: when, after the divorce, she submits a petition to the diocese to recognize the church marriage as invalid, will it be granted? If she denies God in her soul and doesn’t bother with this issue at all (she doesn’t even bother to give), will God’s punishment really await her? And if so, how can I reason with her, she is 23 years old, she has her whole life ahead of her, is it really impossible to wait one and a half to two months to behave modestly and calmly?

I still maintain correspondence with her by e-mail, and I will forward your answer to her before she completely ruins her soul.

Lord, bring some understanding to her soul! Pray for her, father, God's servant Tatiana.

Best regards, Gennady. I'll be waiting for your answer!

Answer

I'll start right away with the question you asked.

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