Does Pauline Privilege Apply?

An adult couple is considering marriage. The man is a Roman Catholic and in good standing with the Church. The woman recently converted to Catholicism having completed RCIA and was baptized, received Holy Communion and was confirmed. Earlier in the women’s life she lived in a country that did not permit the practice of religion and therefore was not part of any religious group. She previously married a man in that country that was of Jewish heritage but did not practice his religion. This was an unfortunate (abusive) marriage, with the exception of producing to wonderful children, which ended in divorce. Considering that she was not baptized until after her divorce and her ex-husband has not ever been baptized would the Pauline Privilege apply?

Can. 1143 §1. A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs.

§2. The non-baptized party is considered to depart if he or she does not wish to cohabit with the baptized party or to cohabit peacefully without afront to the Creator unless the baptized party, after baptism was received, has given the other a just cause for departing.

Yes, the Pauline Privilege can be applied for in the situation you describe.

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