Annulment of marriage Please Read and Help

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Hello Beata 3408 and Paul.
I obtained an annulment several years ago. I read your post with great interest. So I figured I would add my 2 cents to the thread/discussion, for you both.
My case was about a marriage in El Salvador. It lasted 3 years only. About a year after the breakup, I moved to the US [my country].
About a decade later, I found I was divorced.
I inquired about an annulment.
The people at the Chancery of the Archdiocese of San Salvador provided a phone # so I could call the inter-diocesan tribunal.
The people at that tribunal instructed me to file my petition in the tribunal of the diocese I lived in. That was Galveston-Houston. [Now it is an archdiocese].
I spent like 6 months preparing and delivering papers for my petition at that tribunal.
After several months, I was told that tribunal refused to look into my case, because they did not have jurisdiction. I went to the tribunal to retrieve my papers.
I contacted the tribunal in El Salvador, again. They listened to me. Then they told me they would accept my case.
Several months later, they had my papers, I paid the appropriate fees, and began to wait.
I called that tribunal, periodically, to check up on my case/petition.
Several years later, I was told that the tribunal ‘of first instance’ had ruled favorably.
Then I had to wait until the tribunal ‘of second instance’ reviewed the ruling.
About 6 months later, or less, I was told the tribunal ‘of second instance’ approved, or concurred, with the findings and ruling of the ‘first instance’ tribunal.
A few months later, I received the documents concerning the ruling, and some other papers.
From my experience [above, in a nutshell], I can comment for you.
Most likely, the domicile of the bride is inside the jurisdiction of one diocese, in Poland.
The domicile of the groom is inside the jurisdiction of a different diocese, in Great Britain.
The wedding plans are for a ceremony to be held in a Catholic church in Poland.
The annulment of the groom’s prior civil marriage is in fact a requirement for the church wedding in a Catholic Church, in Poland or anywhere else.
It is not so much a question of being necessary or not, but rather, let’s call it an administrative requirement.
The reason behind this, is that the Catholic Church, in any of its rites, assumes any marriage to be valid, whether in another denomination, another rite, another religion, and whether the marriage was civil in nature, or ‘common law marriage’ as it is sometimes called here in the US.
This is why the Catholic priest [celebrant] requires the annulment. It is not a matter left to his discretion. The rules come from the bishops, and their conferences [national conferences of Catholic bishops].
It boils down to a certain amount of red tape, or bureaucracy, if you will, that must be complied with.
Because the Catholic tribunals are like mills that grind slowly and finely, they take a while to produce any ruling.
My suggestion to both Beata and Paul, is to put the brakes on the wedding plans, recover any monetary deposits paid to hotels, airlines, dance halls or whatever venues you already made reservations at.
You may want to notify any friends that the wedding is ‘suspended’ but not ‘canceled’, due to some unforeseen administrative details.
Go ahead with the annulment case. Pay the fees and wait.
Keep the Polish priest [the celebrant] informed of the various phases/steps/ups-and-downs of the case. He will keep you both in his prayers.
Paul seems to state that a court is unable to locate the prior spouse. It is understandable.
Perhaps Paul may consider hiring a private investigator [detective], to find the domicile of the prior spouse. There is no need for Paul to contact her. The tribunal in Great Britain will benefit from having her address available. It means the case is more complete.
When the ruling is delivered to Paul, by the tribunal in Great Britain, then both of you will know what to do.
God bless both Beata3408 and Paul
1463Mark
 
The comment that I made in Post #17 that you are both referring to was actually information given to me by a member of my local diocesan tribunal staff. I was assisting with an annulment investigation in a case similar to that of the OP’s, and the person on the tribunal I spoke with made the comment that, generally speaking, the Catholic Church does not consider civil marriages between baptized Christians to be valid, but I was still required to have the couple do the full annulment investigation.
Hmm… if you’d have written “the Catholic Church does not consider civil marriages between baptized Catholics to be valid” (or more to the point, between two parties, at least one of which is Catholic), then I’d be all, “oh, yeah, that makes sense.”

However, between two non-Catholic Christians, there’s no requirement to meet Catholic form (i.e., witness by sacred minister, etc). So, a civil ceremony between two non-Catholics, given that it meets civil requirements, would be presumed to be valid until proven otherwise! At least, that’s the way I understand it…
 
This is not an essential property of marriage. the three essential properties of marriage are fidelity, fecundy, and perpetuity.
I do not disagree with any of this, but I think your material (and commentary on it) is not addressing the fact that there are matters related to the sacramentally validity of a marriage which do not readily fall under the umbrella of one of these categories. But first I will admit that I have also not found anything in Canon Law or the Catechism which clearly backs up the statement the tribunal worker said to me concerning civil marriages. However, based on my own knowledge and experience in annulment investigations, I can make an argument as to why the decision for non-Catholic/Orthodox Christians to have a civil marriage can be relevant in an annulment investigation. I predict that this will be a fairly lengthy post, so please bear with me. But I will go ahead and say that I, personally, cannot verify the merit of the blanket statement in question (i.e., that the Catholic Church does not consider civil marriages to be valid), and think that it should be rescinded as far as this thread goes (and I will say more about this a little later). Aside from that, I will now explain why the aspect of a civil marriage can have a bearing on an annulment investigation.

Consider the aspect of consent, which is the essential most requirement for a valid marriage. For example, note that sobriety is not specifically mentioned in Canon Law as a requirement for a marriage ceremony (unless I missed it). Nevertheless, priests and deacons are instructed not to continue with a wedding if either the bride or the groom arrive drunk, because drunkenness impedes ones ability to give proper consent, which in turn prevents a marriage from being valid.

The topic of consent includes a proper understanding of what marriage is and entails, because it is difficult to give proper consent to something that one is not sufficiently knowledgeable of. Going back to your quote, whereas the essential properties of marriage are fidelity, fecundity, and perpetuity, it is also important that Catholics know and understand this prior to marriage. Failure to understand and appreciate these aspects can result in a marriage being invalid. This is one of the reasons why dioceses require engaged couples to attend marriage preparation courses prior to their weddings. (I realize that this thread is discussing a Protestant marriage, but I assure you I am going somewhere with this). The following instructions are set down by Canon Law under the heading of “Pastoral Care and Those Things Which Must Precede the Celebration of Marriage”:

Can. 1063 Pastors of souls are obliged to take care that their ecclesiastical community offers the Christian faithful the assistance by which the matrimonial state is preserved in a Christian spirit and advances in perfection. This assistance must be offered especially by:

1/ preaching, catechesis adapted to minors, youth, and adults, and even the use of instruments of social communication, by which the Christian faithful are instructed about the meaning of Christian marriage and about the function of Christian spouses and parents;

2/ personal preparation to enter marriage, which disposes the spouses to the holiness and duties of their new state;

3/ a fruitful liturgical celebration of marriage which is to show that the spouses signify and share in the mystery of the unity and fruitful love between Christ and the Church;

The New Commentary on the Code of Canon Law (page 1263) elaborates on Can. 1063-2 by quoting “Preparations for the Sacrament of Marriage,” May 13, 1996, Origins (1996-1997), 97, 102-103, n. 20:

(The preparation should include) instruction regarding the natural requirements of the interpersonal relationship between a man and a woman in God’s plan for marriage and the family: awareness regarding freedom of consent as the foundation of their union, the unity and indissolubility of marriage, the correct concept of responsible parenthood, the human aspects of conjugal sexuality, the conjugal act with its requirements and ends, and the proper education of children.

So the proper understanding and appreciation of marriage involves both sacramental and non-sacramental aspects. Much of what is stated in the above green text is believed and taught by Protestants, even those who do not believe that marriage is a sacrament.
The contracting parties are not required to know or understand the sacramentality of marriage to give valid consent.
Of course, all what I’ve said so far applies to Catholic couples (or to Catholics intending to marry non-Catholics). But whereas non-Catholics are not expected to have the same understanding of marriage that Catholics do, they should still have (for the sake of giving valid consent) a proper understanding and appreciation for the institution of marriage. I have assisted in a number of annulment investigations involving a non-Catholic who got married without such proper appreciation and understanding, and the tribunal definitely saw this as a major factor contributing to the resulting declaration of nullity. Such declarations were accompanied by a prohibition, stated in the following way, “…before you can contract any new marriage in the Catholic Church, you will be required to have professional marriage counseling and will need the permission of the Ordinary or Tribunal of the place of the proposed marriage.” Moreover, my diocese does not accept the services of just any marriage counselor in such matters, but only those who have been pre-approved, with approval resting upon a how well a particular counselor’s outlook on marriage meshes with at least a general Christian understanding of marriage.

(Continued in my new post)
 
(Continued…)

The point here is that a tribunal can rule (in a particular case) that the lack of proper understanding and appreciation of the institution of marriage impeded a person’s ability to give consent, and is therefore a contributing factor for a declaration of nullity. Because this involves assessing a subjective characteristic involving sacramental validity (i.e., it is hard to objectively measure what someone knows and understands), determining whether or not such a proper understanding/appreciation exists requires an examination of a person’s choices and behavior. In this case, a decision for a baptized Christian to decide to make what is arguably the most important decision in his life (i.e., getting married) in a civil ceremony, completely excluding the involvement of his church and any marriage preparations, is worth examining.
I have no doubt someone told you this, I disagree with the accuracy of their statement. You (I don’t mean you personally) cannot find any scrap of evidence that substantiates this, and canon law and the Commentary on the Code of Canon Law both fail to substantiate this position.
In hindsight I agree that there was something amiss in the person’s statement that, “Generally speaking, the Catholic church does not regard a civil marriage between baptized persons to be valid (even if they are not specifically Catholic).” This person was not a priest and I think was fairly new to the tribunal. Perhaps she misunderstood the nuances of the case I was describing (although we were clearly discussing a marriage between two Protestants), or perhaps she was indicating an issue of consent but summed it up poorly. For example, I think I have now made a good case in this thread in explaining how the choice of non-Catholics/Orthodox Christian to get a civil marriage can have a bearing on the question of a marriage’s validity, if it addresses the topic of consent. But, as you can see, there are a number of qualifiers in that statement, and they don’t really stack up to being able to boldly declare with a blanket statement that the Catholic Church does not consider civil marriages to be valid.

I actually called the tribunal this morning to get a clarification on this matter but, alas, the entire tribunal is away this week attending a conference. Just my luck. But based on your (name removed by moderator)ut, and my own ensuing thoughts on this matter, (and currently lacking the ability to get a clarification from the tribunal) I think it is correct to say that it is, indeed, improper to put forth the notion that “Generally speaking, the Catholic church does not regard a civil marriage between baptized persons to be valid (even if they are not specifically Catholic).” So at this point I will rescind it, and ask people reading this thread to consider that the aspect of consent has a bearing on the validity of all marriages, and the choice to get a civil marriage (along with the lack of proper marriage preparations) naturally gives rise to questions of consent (regarding the idea that proper consent is contingent upon proper understanding of the thing which someone is consenting to). In any event, questions of consent in matters which do not involve a Lack of Form or a Ligamen situation have to be examined in a full annulment investigation.
 
Hmm… if you’d have written “the Catholic Church does not consider civil marriages between baptized Catholics to be valid” (or more to the point, between two parties, at least one of which is Catholic), then I’d be all, “oh, yeah, that makes sense.”
You are correct. Such a situation is considered “lack of form” and (generally speaking) is the quickest and easiest annulment procedure.
However, between two non-Catholic Christians, there’s no requirement to meet Catholic form (i.e., witness by sacred minister, etc). So, a civil ceremony between two non-Catholics, given that it meets civil requirements, would be presumed to be valid until proven otherwise! At least, that’s the way I understand it…
Yes, the Catholic Church presumes all marriages to be valid, including civil marriages, unless demonstrated otherwise. Keep in mind that I expressed this to the OP in Post #17 (i.e., “…the Catholic Church will presume that your former marriage is valid [even though it took place as a civil ceremony] unless a Catholic tribunal investigates it and finds it to be otherwise.”)

Nevertheless, I have not been able to find anything in Canon Law or the Catechism that clearly backs up the tribunal worker’s statement about the Church not recognizing the validity of civil marriages. Moreover, the entire tribunal staff is away at a conference this week and therefore I cannot presently reach them for a clarification. In light of all this, I think the statement I previously posted (about the Church not considering civil marriages to be valid) should be considered rescinded in the context of this thread. I do believe, however, that the choice of non-Catholic/Orthodox Christians to get a civil marriage can be relevant in an annulment investigation (for more details on this, I invite you to read Posts #49 & 50).
 
I do believe, however, that the choice of non-Catholic/Orthodox Christians to get a civil marriage can be relevant in an annulment investigation (for more details on this, I invite you to read Posts #49 & 50).
Certainly for Orthodox it is more than relevant. They are not considered married unless they are married by a priest since in the Orthodox religion the priest is the minister of the sacrament, not the couple. It’s my understanding that the Catholic Church will not accept as valid the marriage of an Orthodox that isn’t considered valid by his/her own Church.
 
Please note also that Eastern Catholics MUST be married by a priest
 
I became Catholic over a year ago and was encouraged first to obtain an annulment of my marriage to my exhusband. He was not a Catholic. The process has been long and difficult. My situation is different. My exhusband had a marriage prior to ours and this was my first. I have proven this through marriage and divorce decrees of his first marriage. I have proven this through the application for our marriage license. That is the easy part of my process.

The more difficult process is actually thoughtfully and honestly answering the questions about our marriage and our history as individuals. Going through this process has greatly enlightened me. The questions they ask are now the questions I subject and analyze my current relationship to. I have been sad for months because already I see that despite how we love each other, despite how we have helped each other to grow in the Lord, there are stumbling blocks, BIG ones, were we to proceed towards marriage.

Having seen how difficult obtaining an annulment is has been sobering for me. More than likely I will be granted one. ONE. So when I do approach marriage in the future, it will be as a Catholic. This is it. For life. No do-overs. No take-backs. Absolutely no divorce.

Being Catholic is not about having a religion. Being Catholic means we are the stewards of God’s greatest graces. My part in this means that should the Tribunal tell me that a dissolution of my previous marriage were not to be granted, that I live by it. That means that despite being 40 years young, I will not be free to marry until my fornicating adulterating ex husband dies. It means that I not present myself to other single Catholics as a free woman. It means should I engage with intercourse with ANYONE, I am committing adultery. It sucks because my ex abandoned me and ran off with my best friend.

What would suck worse would be being married illegitimately, without the blessing of God, on my union, committing sin daily and perverting what marriage actually is and not being able to receive holy communion. So whatever the tribunal decides will become God’s will for me. Having been married to someone I was unequally yoked with, I know there is no harder path than running down the wrong road with God screaming at your back “That’s not the way!”

Marriage is not to be entered into lightly and there is a reason why God hates divorce.
You are not alone. (((HUG)))

This is a cross worth bearing. You are hurting now, but in the future, there is some health for you and healing. Peace.
 
Hi all Thanks for all the post

Sorry Eric I was reading your reply but got lost half way through, I have sent the later off. the one i posted earlier , but sill not heard any thing back as of yet when i do I will post on here

But last Sunday for the fist time in 3 years Beata never went to church just to upset, now we have booked a registry office wedding in Poland, I don’t know how this will go down with her parents being the only daughter,
 
Hi all Thanks for all the post

Sorry Eric I was reading your reply but got lost half way through, I have sent the later off. the one i posted earlier , but sill not heard any thing back as of yet when i do I will post on here

But last Sunday for the fist time in 3 years Beata never went to church just to upset, now we have booked a registry office wedding in Poland, I don’t know how this will go down with her parents being the only daughter,
Does this mean that your intention is to cancel your church wedding plans and have a civil ceremony instead? Or are you simply booking the registry office just in case something prevents or postpones the church wedding? In any event, naturally I am assuming that the UK priest who has been meeting with you and your fiance (and giving you the papers to fill out) is Catholic and is handling everything in a competent manner. As such, (and for what it’s worth) my advice has not changed in regards to what I briefly presented in Post #26 and Post #29 (i.e., I do not think you should not do anything drastic, but continue to follow his instructions).

If you still have any concerns, I recommend that you simply contact this priest and voice them and give him a chance to clarify the situation. It certainly sounds like this priest believes that your annulment is “in the bag” and nothing to be concerned about, and naturally he knows a lot more about your particular case and the procedures of his diocese (and the time frames thereof) than we on CAF do.

I will be praying for a proper resolution to this situation that you and Beata are going through, and I hope everything turns out well.
 
I became Catholic over a year ago and was encouraged first to obtain an annulment of my marriage to my exhusband. He was not a Catholic. The process has been long and difficult. My situation is different. My exhusband had a marriage prior to ours and this was my first. I have proven this through marriage and divorce decrees of his first marriage. I have proven this through the application for our marriage license. That is the easy part of my process.

The more difficult process is actually thoughtfully and honestly answering the questions about our marriage and our history as individuals. Going through this process has greatly enlightened me. The questions they ask are now the questions I subject and analyze my current relationship to. I have been sad for months because already I see that despite how we love each other, despite how we have helped each other to grow in the Lord, there are stumbling blocks, BIG ones, were we to proceed towards marriage.

Having seen how difficult obtaining an annulment is has been sobering for me. More than likely I will be granted one. ONE. So when I do approach marriage in the future, it will be as a Catholic. This is it. For life. No do-overs. No take-backs. Absolutely no divorce.

Being Catholic is not about having a religion. Being Catholic means we are the stewards of God’s greatest graces. My part in this means that should the Tribunal tell me that a dissolution of my previous marriage were not to be granted, that I live by it. That means that despite being 40 years young, I will not be free to marry until my fornicating adulterating ex husband dies. It means that I not present myself to other single Catholics as a free woman. It means should I engage with intercourse with ANYONE, I am committing adultery. It sucks because my ex abandoned me and ran off with my best friend.

What would suck worse would be being married illegitimately, without the blessing of God, on my union, committing sin daily and perverting what marriage actually is and not being able to receive holy communion. So whatever the tribunal decides will become God’s will for me.
Your post has let me know that I am not alone, and I want to do the same for you.

Like your ex-husband, my ex-wife left me for my best friend (who also happened to be my sister’s husband of 17 years).

Like you, I’ve had difficulties with my subsequent relationship. After 18 months, it has fallen apart (permanently?) with one of the difficulties being my unfortunate current state of “marriage”, and this purgatorial, unending annulment process. This separation has been devastating.

Like you, I detest the idea of remaining spiritually chained to an adulterous ex-wife, with no freedom to find a real love until her death. A life of celibacy was’t what I was agreeing to when I exchanged wedding vows.

Like you, I will obey. As badly as I want a good wife, the price of forgoing the Holy Eucharist could never even be an option for me.

Everyone I know or talk to is either in a stable marriage, or accepts divorce as legitimate and simply remarries. I feel I’m speaking a foreign language when I attempt to explain the path I’m on. People can’t quite grasp the weight of the anvil on my back, the utter, pitch darkness, and the profound loneliness of this road lightly traveled, with no idea what is waiting for me at the end. I’ve given up talking about it.

I pray constantly that at the end of the road I will be granted my freedom, and find a woman of faith and conviction.

I cry often.
 
Hi all Thanks for all the post

Sorry Eric I was reading your reply but got lost half way through, I have sent the later off. the one i posted earlier , but sill not heard any thing back as of yet when i do I will post on here

But last Sunday for the fist time in 3 years Beata never went to church just to upset, now we have booked a registry office wedding in Poland, I don’t know how this will go down with her parents being the only daughter,
Do you think the parents are going to be upset that their daughter is not getting married in Church or that their daughter is getting married to someone who still may have a wife?
 
I am moved and deeply touched by the compassion of the members of this community.

Beata3408, you must receive the words here as just that, expressions of compassion. If you listen to the feedback you are given you will realize that we are trying to save you and your beloved from heartache. That is always the spirit in which God’s laws are laid down, to spare his children unnecessary suffering.

Your last post implies that you will proceed regardless of how her family feels. You absolutely must stop. If you marry her without completing this process first, you will be cheating yourselves of the very blessing you hope to obtain by entering into the Sacrament of Marriage. The fact that you are not Catholic will one day be the grounds on which she obtains an annulment from you. The fact that you are married still in the eyes of the church will be the grounds for which your union with her will be the basis for a decree of nullity. Since this is a long-term relationship (2002), I am assuming that chastity has not been central. Once my ex and I decided we were ready to marry we couldn’t get there fast enough. One of the main motivating reasons for both my exhusband and I to marry was that we had been living together for three years prior to marriage and we felt GUILTY. We felt so because we were GUILTY. We were guilty of fornication. We were guilty of adultery and getting married did not set things right. In fact we fought more and every problem we had in our relationship prior to marriage was intensified and made worse in “marriage.” That is because we had not entered into marriage but had in fact, made a mockery of it.

Obviously, this is not what you want to do or you wouldn’t have asked for help. Somewhere inside your conscience is pricked. I hear excuses for not postponing, all the plans, the preparation, and the money. It will all be wasted anyway if you do not sow the seeds of your love and intentions in righteousness. Since you love your intended above all things, you must do so unselfishly. You wait until this mess can be straightened out and you wait chastely. Offer this up to the Lord and wait on Him to lead you because if ya’ll lead you, it will end in death. “There is a way that seems right to man but it leads to death.”

My only reason for telling you any of this is because I would spare you the suffering and the pain that is currently my life.
 
Just to let you all know that me and Beata would like to thank you for you advice.
I have now got a date for my first interview at the tribunal and will post what is said thanks again

Paul Beata
 
Just to let you all know that me and Beata would like to thank you for you advice.
I have now got a date for my first interview at the tribunal and will post what is said thanks again

Paul Beata
That’s wonderful news.
 
Hi All

Sorry we haven’t answered you but have been away working

As Eric said we have put a large amount of money into the wedding so fa,r this is because we was assured that all would be OK by the priest.

Any way I have to go to the tribunal on the 16th may for an interview so will post what happens

Thanks

Paul & Beata:thumbsup:
 
Hello all

I have some news, I started this Annulment on April 21st 2012, it been a long long road , having gone to the Vatican and back, I can proudly announce that I have been successful in getting my marriage Annuled. As of 9th Feburary 2015 in can now marry my partner of more than ten years. May I take this opportunity to thank everyone for you help and advice.

Thanks Beata
 
Hello all

I have some news, I started this Annulment on April 21st 2012, it been a long long road , having gone to the Vatican and back, I can proudly announce that I have been successful in getting my marriage Annuled. As of 9th Feburary 2015 in can now marry my partner of more than ten years. May I take this opportunity to thank everyone for you help and advice.

Thanks Beata
Wishing you and your partner all the best!~
Mary.
 
what a fantastic result and I am impressed that you had the fortitude and desire to see the process through to the end and are now able to marry your beloved!
 
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