Annulment Reasons

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Dan, how does one spouse’s hidden, frequent use of pornography at the time of marriage impact the assessment as regards fidelity? What are the conditions for evaluating a breach of fidelity at the time of taking vows?
 
Dan, how does one spouse’s hidden, frequent use of pornography at the time of marriage impact the assessment as regards fidelity? What are the conditions for evaluating a breach of fidelity at the time of taking vows?
Hello,

Again, particular cases have specific facts that have to be taken into account. Such behavior, if it rises to the level of an addiction, can make it more difficult for a person to consent to marriage or be able to live a married life.

As for the obligation of fidelity: strictly speaking, that obligation is limited to physical contact with a third party. So, usage of pornography would not be seen as a “breach of fidelity” by a Tribunal.

As with other addictions, it *might *make a marriage invalid in a few different ways. Sorry for being so non-committal but that’s just the way it is.

Maybe I’m not really answering your questions…

Dan
 
Hello,

Again, particular cases have specific facts that have to be taken into account. Such behavior, if it rises to the level of an addiction, can make it more difficult for a person to consent to marriage or be able to live a married life.

As for the obligation of fidelity: strictly speaking, that obligation is limited to physical contact with a third party. So, usage of pornography would not be seen as a “breach of fidelity” by a Tribunal.

As with other addictions, it *might *make a marriage invalid in a few different ways. Sorry for being so non-committal but that’s just the way it is.

Maybe I’m not really answering your questions…

Dan
No, that’s fair! Thanks for answering! I can appreciate there would be a multitude of precipitating factors to consider in a Tribunal rendering a decision. As pornography use has become widespread, I was curious to what degree a large number of Catholic marriages could, if only theoretically, verge on invalidity.
 
What if a husband/wife loses his/her Catholic (or even Christian) faith after some time into the marriage?

Perhaps his/her faith was only superficial at the moment of marriage, and thus, this person had quality problems (1097.2)?
It his/her faith was a mature one, they would keep it.
 
**“Grave lack of discretion of judgment” is indeed a ground that can be difficult to comprehend. It is not too complicated, in principle, but can be difficult to apply to a particular case. **

Marital, discretionary capacity is composed of three elements: intellectual knowledge of the nature of marriage (its fundamental rights and responsibilities); the ability to critically evaluate the “opportuneness” of marrying a particular person at a particular time; freedom of the will (the absence of an internal compulsion which makes it impossible for the person to choose).
It may be difficult to understand, but I think you know it when you see it.

Now that I’m older, I’m starting to realize that some people have simply TERRIBLE judgment–they’re erratic and impulsive, their decisions seem to come out of nowhere and are very, very poorly-thought out. I’ve known people like that, and I have concerns that they may not be able to marry validly at all.

Edited to add: apologies for jumping in on an old thread! It looked new.
 
What if a husband/wife loses his/her Catholic (or even Christian) faith after some time into the marriage?

Perhaps his/her faith was only superficial at the moment of marriage, and thus, this person had quality problems (1097.2)?
It his/her faith was a mature one, they would keep it.
Hello,

That situation is not related to canon 1097.2. I don’t see how it would fit into any ground of marital nullity.

Dan
 
It may be difficult to understand, but I think you know it when you see it.

Now that I’m older, I’m starting to realize that some people have simply TERRIBLE judgment–they’re erratic and impulsive, their decisions seem to come out of nowhere and are very, very poorly-thought out. I’ve known people like that, and I have concerns that they may not be able to marry validly at all. …
Hello,

Probably the most difficult distinction to make, and it is an essential distinction, is the one between imprudence (which is inconsequential–it’s not what canon 1095.2 is about) and a lack of discretion (which is what canon 1095.2 addresses). If a person lacks discretion, the marital decision may also be obviously imprudent. At the same time, this is not necessarily true.

Benedict XVI said this in his 2011 address to the Roman Rota:
Unfortunately incorrect positions still endure, such as that of identifying the discretion of judgement required for the marriage (cf. CIC, can. 1095, n. 2) with the hoped for prudence in the decision to get married, thus confusing an issue of capacity with another which does not undermine the validity since it concerns the level of practical wisdom with which a decision is taken which is, in any case, truly matrimonial. The misunderstanding would be yet more serious were there a wish to assign an invalidating effect to rash decisions made in married life.
Dan
 
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