The doctrine that the Church has the power to dissolve, under certain conditions, any non-sacramental marriage underwent significant changes throughout centuries. This development illustrates growing self-awareness of the Church in this matter. The whole issue is complex and sensitive because the main motive for application of this power is always the good of the faith and the salvation of the soul. Generally speaking, the self-awareness of the Church about her power has developed during a very long period of time. The first action over a marriage of two unbaptized persons comes with the counsel of St. Paul the Apostle and subsequent development of the doctrine about the Pauline Privilege. Consequently the study shows the development of this concession from that time until the current time.The main purpose was to offer, in a systematic way, an analysis of the actual legislation on the dissolution of marriage in favorem fidei, supported by wide historical background, without which it would be difficult to understand and apply the current Norms.

Krystyna Amborski is a judge in the Metropolitan Tribunal for the Archdiocese of San Francisco, USA. She earned her JCL from the Catholic University of Lublin in Poland, which is her country of origin. She received a doctorate in canon law from the Pontifical Lateran University in Rome (2003).

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