A valid annulment

[pyro_alchemist]

If an annulment is granted by a legitimate marriage tribunal, is it considered valid even if it was obtained under somewhat dubious means? I have been told by a “fallen away” Catholic that the reason he left the church was that his ex wife’s family used their financial influence in the diocese obtain the annulment for their daughter so she would be free to marry someone else. However unlikely that is, let’s assume for the sake of argument it was true. Is the annulment valid?

 

[Trishie]

I believe that his assertion is due to his shewed thinking about the Church. It’s very easy for disenchanted people to twist reality and fact in their minds, so the question doesn’t arise in my mind.

God bless you

 

[pyro_alchemist]

I believe that his assertion is due to his shewed thinking about the Church. It’s very easy for disenchanted people to twist reality and fact in their minds, so the question doesn’t arise in my mind.

God bless you

I tend to agree with you in this particular case but I was just wondering if it was possible for an annulment to be invalid. I have a particular stake in this question because I have had two marriages annulled. The only thing that would make me wonder if my annulments were invalid was the fact that the priest who was giving me instruction was the brother of a member of the tribunal. Please tell me I am being paranoid!

 

[Catholic1954]

You are being paranoid. As you know, an annulment is a long, thoughtful process. If you were granted an annulment, it was because your marriage was found to be invalid on the merits and not an outside influence. It would be unethical for the priest and his brother to be in communication with each other in regards to your case.

 

[Liberanosamalo]

At what point do they grant you the annulment with conditions that you cannot try to marry without serious counselling? I mean, once burned, twice shy.

I would think just because someone’s brother is on a tribunal doesn’t make him a competent priest. I would think a priest preparing someone who had a previous civil marriage would be very careful to find out what went wrong and advise the person to proceed with caution so history didn’t repeat itself.

 

[pyro_alchemist]

Is there a cannon lawyer in the house? I heard on the Catholic Answers radio program that absolution from a priest is valid in the sacrament of reconciliation even if the priest is not in a state a grace as long as the penitent is sincere. I was hoping something like that would apply in annulments. By the way my annulled marriages were a long time ago. I have been in a Catholic marriage for 25 years now.

 

[chevalier]

Is there a cannon lawyer in the house? I heard on the Catholic Answers radio program that absolution from a priest is valid in the sacrament of reconciliation even if the priest is not in a state a grace as long as the penitent is sincere. I was hoping something like that would apply in annulments.

No, it doesn’t. Sincerely getting an erroneous nullity decree prevents one from comitting the sin of adultery because there’s no knowledge. But the nullity decree is precisely a declaration of nullity and it is not an annulment, actually. It doesn’t annul a marriage the same way one can annul an invoice or an administrative authority could annul a decision. The marriage being null is not merely a good cause for a nullity decree. Contrary, it’s a prerequisite. If the marriage was valid when it was entered into, then no power whatsoever can make it invalid in any circumstances.

And yes, a nullity decree can itself be null, too. Here are the cases when.

It’s important to understand that the nullity decree is a declaration. It can no more change the status of marriage than a mistaken verdict of a criminal jury can make a person guilty or not, although the certainty is high. Obtaining a nullity decree by financial influence would not undo a marriage. It would only give the external appearance of being free to marry.

 

[Phemie]

No, it doesn’t. Sincerely getting an erroneous nullity decree prevents one from comitting the sin of adultery because there’s no knowledge. But the nullity decree is precisely a declaration of nullity and it is not an annulment, actually. It doesn’t annul a marriage the same way one can annul an invoice or an administrative authority could annul a decision. The marriage being null is not merely a good cause for a nullity decree. Contrary, it’s a prerequisite. If the marriage was valid when it was entered into, then no power whatsoever can make it invalid in any circumstances.

And yes, a nullity decree can itself be null, too. Here are the cases when.

It’s important to understand that the nullity decree is a declaration. It can no more change the status of marriage than a mistaken verdict of a criminal jury can make a person guilty or not, although the certainty is high. Obtaining a nullity decree by financial influence would not undo a marriage. It would only give the external appearance of being free to marry.

A nullity case usually goes through two levels before the decree is granted – First Instance Hearing at the Diocesan Marriage Tribunal then Second Instance Hearing at another level.

Once the decree is granted or denied it can still be appealed to the Rota. One notable one that was initially granted but reversed 10 years later when the non-Catholic spouse appealed it to the Rota is that of Joseph Kennedy.

 

[msugeotech]

Yes.

 

[IrishAm]

If an annulment is granted by a legitimate marriage tribunal, is it considered valid even if it was obtained under somewhat dubious means? I have been told by a “fallen away” Catholic that the reason he left the church was that his ex wife’s family used their financial influence in the diocese obtain the annulment for their daughter so she would be free to marry someone else. However unlikely that is, let’s assume for the sake of argument it was true. Is the annulment valid?

Bear in mind that all findings have to be confirmed by a SECOND tribunal in another diocese. So, for example, if someone managed to “buy off” the Tribunal the first diocese they would also have to “buy off” the second. Not likely. And, of course, if one did not agree, one could always appeal the decision to Rome.

None of that, of course, doesn’t mean your acquaintance doesn’t sincerely believe that is what happened . . .

 

[chevalier]

A nullity case usually goes through two levels before the decree is granted – First Instance Hearing at the Diocesan Marriage Tribunal then Second Instance Hearing at another level.

Once the decree is granted or denied it can still be appealed to the Rota. One notable one that was initially granted but reversed 10 years later when the non-Catholic spouse appealed it to the Rota is that of Joseph Kennedy.

Just to clarify, we’re talking about two different things. There are two types of recourse from a tribunal decree: appeal and claim of nullity. Nullity divides into remediable and irremediable. In the latter case, you have a null decree of nullity.

If the decree is for nullity, it is automatically appealed except in some very obvious cases. That is not a claim of nullity against the verdict, it’s a simple appeal.

Please note that the nullity of the decree does not translate into validity of marriage and lack of nullity of decree does not translate into lack of validity of marriage. Nullity of a ruling (decree, sentence) is simply a condition that marks such rulings in the making of which some very basic laws were broken. It is a qualified type of error, stronger than the one which gives rise to a mere appeal.