Archbishop clarifies divorce ban claims

Sydney
10 February 2002

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Archbishop clarifies divorce ban claims

Claims in the media that Pope John Paul II has called on Catholic judges and lawyers to boycott divorce cases are the result of misleading English translations of his address to a Vatican court, says the Archbishop of Sydney, Dr George Pell.
Archbishop Pell (pictured) said: "The con troversial passages taken up by the media are from a long, technical address given by the Holy Father on January 28, 2002, to the officials of the Roman Rota, one of the senior courts for canon (or church) law.
"The Holy Father was repeating traditional Catholic teaching on the indissolubility of marriage, based on New Testament texts such as Matthew 19.3-12. He followed the Second Vatican Council by repeating the council teaching that divorce has become a plague and risks becoming the norm, so that lifelong marriage becomes the exception. Naturally all Catholic agencies will try to oppose this trend.
"Lifelong marriage is not just an ideal for Catholics, but one of the bulwarks of society, based on the natural law which is foundational for all societies.
"The English translations of paragraph 9 are clumsy and somewhat misleading on the role of Catholic judges and lawyers in civil divorce proceedings.
"Catholic judges (and, by inference, lawyers) can participate for the common good in divorce proceedings, eg to help ensure the legal rights of all participants, such as the care of children, the protection of inheritances and distribution of property. Sometimes even parents' access to children and maintenance payments are only agreed in such proceedings.
"In Australia, Catholic marriage annulment procedures can only go forward after civil divorce proceedings are complete.
"The challenge for Catholics faced with marriage breakdown lies not so much in civil divorce proceedings, but in the breakdown of the marriage itself, regularly traumatic, and the consideration of remarriage, perhaps without the Church's blessing.
"The Holy Father refers to paragraph 2383 of the Catechism of the Catholic Church and repeats that teaching:
'The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law. If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offence.' (para 2383)"
Catholic lawyers have welcomed the arch bishop's statement.
John McCarthy QC, president of the St Thomas More Society, the guild of Catholic lawyers in NSW, said Dr Pell had assured him that the Pope's remarks "as appearing in early press reports" had been misinterpreted or mistranslated in relevant parts.
"Family Law judges act for the common good in matters involving, in particular, the care of children as well as the property and other rights of the parties to a marriage," Mr McCarthy said.
"Barristers and solicitors participate on behalf of the parties as officers of the Court.
"All of them are required by Australian law to seek reconciliation between the parties and the settlement of their differences - too often this is not possible.
"Since judges and lawyers in family law proceedings have proper and grave moral reasons for their professional participation, they are not being criticised by the Holy Father.
"They are certainly not being told to withdraw from such professional activity or judicial roles."