An annulment (more technically, a degree of nullity) means that there never was a valid sacramental marriage that existed between the two people.
The status of the children is NOT changed. Children are assumed to be legitimate, just as marriages are assumed to be valid. If a marriage wasnât valid, but was entered into in good faith, the children are as legitimate as if the marriage were NOT validâthis is a matter of CIVIL LAW here. Remember, the CIVIL marriage will still be valid in the sense that all civil effects will holdâa divorce will be necessary, the wife and children will still have positions of legitimacy. It is the SACRAMENTAL marriage that is being examined in the case of a petition for nullity.
Hereâs an example. Suppose a man and a woman marry in the Catholic Church. The marriage is assumed, like all marriages, to be valid. BUT. . .10 years and two children later, the husband announces that he has SSA (same sex attraction) and wants to divorce the wife. It then transpires that at the time of the marriage he KNEW he had SSA but felt somehow that marriage would âcureâ the SSA, and that, deep down, he felt that even if it didnât, he would just leave anyway.
Was the marriage a valid one? It certainly seems that the husband did not truly intend to make a full commitment to his wife. And, indeed, if the wife had known of the SSA, she would most probably not have married the husband.
There exist several grounds for annulment in this scenario. This isnât a simple âfor better, for worseâ scenario. And the fact that children were brought into the world does not make an âiffyâ marriage somehow iron-clad valid.
A slightly different scenario: A man and woman marry in the Catholic Church. He and she go through the difficult early years, then later they âgrow apartâ and decide to divorce. They part amicably. Would there be an annulment here? Most probably there would not. âGrowing apartâ is not usually grounds for annulment. In fact, we all âgrow apartâ from each other as much as we âgrow towardsâ one anotherâitâs part of the âcycle of lifeâ. There donât seem to be any psychological factors here which indicate the couple was unaware of the realities of marriage, or didnât have free consent. They just âdrift awayâ.
You can go to the Canon Law forum on EWTN for a general overview of reasons for grounds of nullity. There arenât many, and it isnât a âCatholic divorceâ.
But whether a couple has children or not, or whether they were married for a certain number of years or not, has NO BEARING on an annulment/ degree of nullity. Either a valid marriage existed, or it didnât; anything else has no bearing on it.
On the Political Thread âKerry Living in Sin?â Several people were discussing the fact that Kerry is divorced. One person said that just because he had children didnât mean he wasnât a candidate for an annulment. What are the reasons allowed for an annulment and how can one be allowed with children involved?