About annulments
Question: What is an annulment of a marriage?
Why and how does one go about obtaining one?
 Your
question actually suggests a number of other questions people pose about
the need for and process of annulment. Let's start with:
What is an annulment?
An
annulment is a declaration by a competent church authority that a
marriage is invalid. It is an official judgment that a marriage
never took place, in spite of all appearances.
Just
as the state requires certain conditions before two people can marry,
so does the Catholic church. For instance, the state demands that two
people be free to marry, are not already married, are of age, and marry
before a licensed official of the state. The church also requires some
conditions be met, or else there is no marriage.
So what are these church conditions?
Church
law requires that the couple to be married be of age; be married
before the legitimate representative of the church - ordinarily
the pastor of the parish, and that they are free to enter into the
sacrament of marriage. So, if internal consent of one or both of
the parties was either missing or vitiated, there is no marriage; if
the marriage has not taken place before the local pastor or his representative
there is no marriage; or if there are major impediments to the marriage,
there is no marriage and a "decree of nullity" could be sought.
Is an annulment a Catholic divorce?
No.
A civil divorce is a permanent separation of two people who were validly
married. A judge declares that reasons now exist to end the marriage.
A civil divorce usually leaves the individuals free to marry again if
they so desire. An annulment, however, is a judgment that there was
no marriage to begin with.
Can a Catholic get a divorce?
Yes.
There may be reasons for Catholics to obtain a civil divorce in order
to obtain a variety of legal benefits. So yes, a Catholic could get
a divorce for these benefits. However there is no freedom to marry again,
unless the Catholic party has obtained an annulment. Note that a civil
divorce must have been obtained before beginning the annulment process.
What are the reasons to grant an annulment?
As
stated above, the church, like the state, has certain requirements
before its members can marry. Both church and state are concerned
that marriages be stable. The well being of society depends on this.
If any of these major requirements are lacking the grounds for annulment
can be investigated. Two areas for investigation are impediments and
consent.
What are the impediments?
Impediments
are obstacles to a couple getting married. Unless these have
been dealt with prior to the wedding, then some of them could invalidate
a marriage.
There are a variety of impediments. Some have
to do with previous relationships such as a previous marriage, blood
relationships, etc. Others have to do with differences of religion and
sex. A third category has received a lot of publicity in the recent
past. It has to do with the area of consent.
What do you mean by "the area of consent"?
When
the priest or deacon asks the couple questions before they take their
vows, he is asking "consent" questions. During the ceremony the
question is asked: "Do you take John/Mary?" Implied in that question
are some very important facts. "Do you know who this person is?" "Do
you know what marriage is?" If a person really doesn't understand that
this is a faithful partnership for life, if the person is not freely
entering into this covenant; if one of the parties is really not who
the other thought he/she is then there is no consent. There is no marriage.
Is the area of consent a difficult area to
investigate?
Yes.
The other areas are facts relatively easy to prove: one did or did not
go before a priest or deacon to get married; one was or was not related
to another person. But it is not easy to prove that one did not marry
for life, or that one had to be faithful. It's not easy to prove fraud
or fear. It is not easy to prove that if one knew something at the time
of the marriage, they would never have consented to the wedding. And,
today, we are much more aware of how various mental conditions undermine
a person's freedom of choice.
How does one get an annulment?
An
annulment is indicated after some sort of a crisis has been reached
in the relationship. One or the other wants to have a decree of nullity
declared, allowing them to separate and/or remarry.
Usually
the first step is to go to the local pastor and ask for help
in beginning the process. He will either take some testimony himself,
or refer the party to the diocesan center where a trained person, in
what is called the "tribunal," will begin to gather the facts in the
case.
How much does it cost ? How long does it take?
The
only costs are usually some minor expenses to cover the expenses
of paper work and the like. As to time, that depends on the complications
and difficulties of obtaining testimony and proof of the situation alleged.
Planning on a year would not be far wrong.
If I get a decree of nullity, does that mean
my children are illegitimate?
This
is a consideration that has bothered many people before, during and
after the procedure of seeking an annulment. Simply put the answer is
"NO." Church law covers this situation very clearly and recognizes
that children who were considered legitimate offspring are still so
considered.
FURTHER REFERENCES: Ladislas
Orsy, S.J. "Annulments" The New Dictionary of Theology, Komonchak,Collins,Lane,
Glazier, Wilmington,DE 1988 Also Ladislas Orsy, Marriage in Canon Law,
Wilmington,DE:Glazier,1985. Geoffrey Robinson, Marriage,Divorce and
Nullity; A Guide to the Annulment Process in the Catholic Church, Melbourne:
Dove Communications, 1984 and London: Geoffrey Chapman, 1985
|
