Divorce/remarriage

For the Catholic Church a divorce or remarriage represents a serious breach of loyalty according to § 5 para. 2 GrO.

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In contrast, the evangelical church does not consider marriage as a sacrament, divorce is therefore not perceived as a loyalty breach.

If a staff member has divorced from their spouse and remarried, the Catholic and Protestant Church have different views as to whether this will affect the duty of loyalty of staff members.

For the Catholic Church, a divorce or remarriage represents a serious breach of loyalty according to § 5 para. 2 and usually results in a termination, as illustrated by a judgment from 2011.

However, in May 2014, the Vice President of the German Caritas association stated that the "principle of the constitutional order does not [correspond] that in every case, and for each type of service, remarriage after divorce will inevitably lead to termination without notice", but distinguished according promulgation close employees and "a cleaning lady [...] not to expect the same loyalty [...] as a diocesan Caritas director.” In the Catholic Church, this paradigm shift seems to take place. 

Since the Protestant church does not regard marriage as a sacrament, a divorce is therefore not perceived as a breach of loyalty.

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011