My response would be that their supposition isn’t true.I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
People that want to take an opposing viewpoint will use whatever definition they wish to use to make their point. The couple prior to the annulment have a putative marriage, where at least one of the spouses entered into the marriage in good faith. The children’s legitimacy is not dependent on the state of the marriage.I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
Children are legitimate if they are born to a couple who are legally married. A declaration of nullity does not claim that the legal marriage never happened. Rather it is a statement that the Sacramental (or natural) marriage never happened.Ok, but can someone tell me something specific about how it isn’t true? I really don’t know much about this issue but if u do get annulment that means that marriage didn’t happen but it would appear that any kids u had would be considered illegitimate, no? Can someone explain to me how this issue is approached?
A decree of nullity by the Tribunal has no effect on the legal, civil aspect of the marriage. Remember, a marriage (I refer to the U.S.) also requires that a license be issued by the state, and that a civil divorce is required before a decree of nullity can be sought. You don’t regard the children of divorced parents as “illegitimate”, do you?Ok, but can someone tell me something specific about how it isn’t true? I really don’t know much about this issue but if u do get annulment that means that marriage didn’t happen but it would appear that any kids u had would be considered illegitimate, no? Can someone explain to me how this issue is approached?
You may politely tell these people that they do not know what they are talking about. In canon law, an attempt at marriage later proven null is still recognized as having been putative while it was being attempted in good faith by at least one party. If children are born to a putative marriage, the children are still legitimate when investigation finds the attempt at marriage was null.I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
In condoning “it”, what is “it”?I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
Their argument was-“Catholics declare marriage never existed that makes children illegitimate, these poor children, how can they(Catholics) pretend that it never happened?divorce is so much kinder”. I am repeating this persons exact words here:shrug:
The Church clearly teaches just the opposite:
That is not totally correct. Canon Law defines when children are legitimate:
It may not mean much in the regular course of life but it’s still important enough that there are canons about it and legitimacy depends on a valid or putative marriage.
Ask your friend: if annulments are so horrible, why does state law allow them? How does he as a citizen condone them?I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
That’s an old, old rumour that’s totally wrong:I have heard this argument from anti-catholics-in case of annulment, any children from this marriage will become illegitimate because annulment means that marriage have never existed. I was told its “horrible and how can u condone it?”. How do u respond to such statements?
This is incorrect. The legitimacy of children is determined based on whether or not a PUTATIVE marriage existed, wherein at least one party celebrated the marriage in good faith (believing it to be a valid marriage).
Not to be contrary, but legitimate and illegitimate are CERTAINLY terms used by the church as regards children. They are, in fact, codified in Canon Law.
As is the answer to the OP’s question, which is that children born of a putative marriage are legitimate, and that no later Church finding will ever change that.
For Catholics a putative marriage must be one believed to be valid according to the Church. It has been said in Canon Law commentary, that the marriage of a Catholic outside the Church without a dispensation is not a putative marriage regardless of what the parties ‘believe’.
I am not saying that two Catholics have a putative marriage if they took their vows when they knew (or should have known) that they were not validly married because their attempt at marriage was clearly in violation of canon law. That is usually not what people mean when they say that an annulment is sad because it “makes the children illegitimate.” In that former case, the parties know (or ought to know) quite well they are not considered married by the Church, and have no reason to feign surprise later when this is made official by a decree of nullity. I don’t think that is what the OP means.