Can. 1146

The baptized party has the right to contract a new marriage with a Catholic party:

1/ if the other party responded negatively to the interrogation or if the interrogation had been omitted legitimately;

2/ if the non-baptized party, already interrogated or not, at first persevered in peaceful cohabitation without aVront to the Creator but then departed without a just cause, without prejudice to the prescripts of cann. 1144 and 1145.