The New Testament texts on the issue of Jesus' teaching on marriage and divorce are found in Mark 10:1-12, Matthew 5:32 and 19:2-12, Luke 16:18 and Paul's first letter to the Corinthians 7:10-16. A study of these full texts manifests simultaneously a deep unity and an undeniable diversity.
Long before the schism with Rome, the Orthodox Church adopted the more lenient interpretation of Matthew 5:32, favouring the innocent party. And yet, the Orthodox Church was never condemned for this - not during the first thousand years when they were in full visible communion with Rome.
To understand Jesus' sayings on divorce, we must understand them within the context of the total Christ event and compare them with other sayings of His in which he shows his attitude to the law. His words are no more absolute law that knows of no exception than, for instance, the condemnation of a person committing adultery in his own heart (Matthew 5:27).
Paul was confronted with a new question for Christians of his day: how should they judge the divorce of pagan-Christian marriages? He made it clear that the Christian is bound to keep the Lord's commandment if the pagan party does not want to divorce. But if his or her partner does want it, the Christian is released from his or her commitment. His decision must have been taken under the guidance of the Holy Spirit and prompted by pastoral concern.
Paul's pastoral approach led the Church, centuries later, to adopt what is nowadays known as the Pauline Privilege. The Pauline Privilege is enshrined in today's Canon Law. It is clear that since Apostolic times any so-called 'deviations' from Jesus's norm have been made either on the principle of the lesser evil or in the interest of the faith.
Having received all authority from Jesus, the Pope can give a definitive interpretation which correctly expresses the mind and words of Jesus. In other words, when the Pope dissolves, God dissolves. This power was given to the successors of Peter (Matthew 16: 19). It is useful to remember that any non-consummated marriage, even a valid sacramental marriage, can be dissolved by an exercise of the Petrine ministry.
The only kind of marriage which the Church holds to be absolutely indissoluble is a valid marriage between baptised people which has been consummated. This marriage is dissolved only through the death of one of the spouses (Canon 1141).
Some questions that immediately spring to mind in view of the 'absolutely indissoluble marriage' are the following: What constitutes a consummated marriage? Is it the first act of premarital or marital intercourse? Why should physical death be the definitive norm for an absolutely indissoluble marriage? Is a psychological or spiritual death of a marriage less radical than the physical death of one of the spouses?
The Church has trapped itself in a web of law, which ironically was woven as a result of its attempts to address the pastoral problems surrounding these questions in different times in history. I find it hard as a Catholic to conceive a God whose action is controlled in this way by ecclesiastical legislation.