Annulment Hypothetical

[dans0622]

Are you saying that an invalid marriage can later BECOME valid without any action on the part of the couple? But isn’t an annulment granted solely on the basis that the marriage was invalid AT THE TIME of the actual wedding, and therefore was never legitimately contracted? If a marriage can later somehow EVOLVE into validity, then wouldn’t the opposite also be true, opening the door for annulments based NOT solely on the conditions present at the time of the actual wedding but on later occurances and situations?

Hello LaSainte,

The couple has to “do” something. The question is whether or not their action has to be carried out in the external forum. You can find the answer to your question in cc. 1156-1159: vatican.va/archive/ENG1104/__P46.HTM

Since the impediment in the hypothetical situation could easily be proven, the couple would have to express their consent again in canonical form.

If there is a defect of consent, it can be more difficult to determine what can be proven or not proven. In your case, it seems like it would be easier to prove the force which compelled the couple into marriage. So, again, the renewed consent would have to be given in canonical form.

If, giving a different example, a man totally excludes the good of offspring from his marital consent, his consent would be defective and so a valid marriage would not arise. But, let’s also say he tells no one about this deformed consent. His wife is still in school and while she had valid consent, she is not requesting natural relations so even she doesn’t know about his simulation. Then, three years later he experiences a conversion and begins to suggest to his wife that they begin to have natural, conjugal relations. She agrees and the couple ends up having several children. This man, years after the wedding, privately convalidated his marriage. This would be an example of c. 1159.1-2.

Yes, an invalid marriage can evolve into a valid one whenever both Parties express valid consent in the required manner. Can a valid marriage, then, evolve into invalidity? No, since once marital consent is validly given it cannot be revoked.

Thanks for your time.
Dan

 

[puzzleannie]

another example would be a couple who marries with the intention of avoiding children, but later has a conversion of heart and brings their actions and attitudes in line with church teaching, that particular impediment to full consent has now been removed. While by itself that might not have been grounds for annulment it is an example of how consent can be supplied or remedied after the fact.

another more problematic example would be the wife who finds out her husband is committing adultery, and has indeed been sexually promiscuous before marriage, but forgives him, stays in the marriage, even after several affairs. She is going to have a hard time proving his behavior before marriage affected full knowledgeable free will consent. These again are all taken up as unique cases on their individual merits, but yes, what happens after marriage can remedy faults in consent.

 

[LaSainte]

VERY interesting how consent may be supplied after the fact but never revoked. Thank you all for the very detailed responses!

So infuses this only applies if the marriage was true to form and done in a Catholic church in the proper way? If it were performed in another church or civilly even though the couple was Catholic, would that require some sort of external measure to make it valid?

Sorry, I find this sort of thing fascinating

 

[dans0622]

… So infuses this only applies if the marriage was true to form and done in a Catholic church in the proper way? If it were performed in another church or civilly even though the couple was Catholic, would that require some sort of external measure to make it valid? …

Hello again,

Yes, if an attempted marriage is invalid because of a lack of canonical form, the couple could never convalidate the “marriage” privately/secretly. In order for them to marry they have to express their marital consent in the canonical form (c. 1160). [There is the option of a sanation but that is another story for another time.]

Dan

 

[PeterAgain]

Let’s say that before you reached the age of consent, you were forced to marry someone for political reasons in the Catholic church. You later have a couple of children and even fall in love with your “spouse”. You also later realize that your marriage is without question, invalid-based on the fact that you were both too young to be married and were also compelled to be married against your will. You are 100% certain that if you chose to seek an annulment, it would be granted. You are NOT married. Would it be fornication to continue to have marital relations with your significant other? Are you morally compelled to seek to be properly married first?

I have a book “Moral Theology” by Heribert Jone, with nihil obstat, imprimi potest, and imprimatur. Here is a quote from that book that may answer some of your questions:

Intercourse is gravely sinful when the marriage is invalid, even though only one of the parties is aware of its invalidity.–When one seriously doubts about the validity of the marriage he is obliged to investigate the matter. While investigating one may not request the marriage debt, but must render it at the request of the other party who entertains no doubt about the validity of the marriage. If the doubt cannot be solved the marriage may be considered valid.

Being “100% certain” that an annulment would be granted is serious doubt at the very least. The spouses must cease relations while this is investigated.

 

[LaSainte]

I have a book “Moral Theology” by Heribert Jone, with nihil obstat, imprimi potest, and imprimatur. Here is a quote from that book that may answer some of your questions:

Being “100% certain” that an annulment would be granted is serious doubt at the very least. The spouses must cease relations while this is investigated.

Wow! They’ve really thought of everything!