Annulment

[NTOT]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly? For instance, they don’t want a marriage that is merely assumed to be valid or only putative. They want it to actually be valid without any question or doubt. The reason they ask this question is given how easy it seems to get annulments, there is a good chance an extraordinary number of marriages are in fact null, but only assumed to be valid unless proclaimed ‘null from the start’ by the Church. They don’t want their marriage to be only assumed valid. Is that a licit intention?
Also, is a decree of nullity an infallible pronouncement, or are some valid marriages actually in fact ‘nullified’ or made to be null?

 

[tee_eff_em]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly?

My understanding is: They would need civilly divorce first – No tribunal will touch a case for nullity prior to that.

tee
who is Not A Canon Lawyer, and could be mistaken

 

[Brigadoon]

I have no answer to your question, but there may be another way to “validate” the marriage without having to go through the anullment process.

Example: 2 unbaptized persons marry (assuming no impediments). They convert to Catholicism. Their marriage is presumed valid as a natural marriage. However, they may convalidate their marriage to make it sacramental. I do not believe (I could be wrong) that they are required to convalidate.

This is a “take it to your priest” kind of question.

 

[mercygate]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly? For instance, they don’t want a marriage that is merely assumed to be valid or only putative. They want it to actually be valid without any question or doubt. The reason they ask this question is given how easy it seems to get annulments, there is a good chance an extraordinary number of marriages are in fact null, but only assumed to be valid unless proclaimed ‘null from the start’ by the Church. They don’t want their marriage to be only assumed valid. Is that a licit intention?
Also, is a decree of nullity an infallible pronouncement, or are some valid marriages actually in fact ‘nullified’ or made to be null?

If you have never been married to anybody else, you would not look for an annulment – whether your marriage is valid or not. You would talk to your priest about the conditions you believe might have made your putative marriage null. If, for example, you married civilly, or in a Protestant church without getting a waiver of form, there are simple canonical remedies to correct the situation. You don’t need the tribunal for this one!

 

[NTOT]

If you have never been married to anybody else, you would not look for an annulment – whether your marriage is valid or not.

I know, not generally. But I have witnessed a marriage which by appearances to all very much seemed to be valid in every way. A year later the wife left the husband to live with her parents. The husband was heartbroken to find out he was in fact never really married to her as the marriage was declared null. (He filed the annulment proceeding btw). It seems rather to scary for those among us think we are married, but actually aren’t. I know we are suppose to ‘assume’ it is valid though until the tribunal says it isn’t.
In this case, had she not moved away, neither party would have even considered seeking an annulment, and they would have lived their lives in a marriage that wasn’t really sacramental and never really existed in the first place.

 

[bilop]

I know, not generally. But I have witnessed a marriage which by appearances to all very much seemed to be valid in every way. A year later the wife left the husband to live with her parents. The husband was heartbroken to find out he was in fact never really married to her as the marriage was declared null. (He filed the annulment proceeding btw). It seems rather to scary for those among us think we are married, but actually aren’t. I know we are suppose to ‘assume’ it is valid though until the tribunal says it isn’t.
In this case, had she not moved away, neither party would have even considered seeking an annulment, and they would have lived their lives in a marriage that wasn’t really sacramental and never really existed in the first place.

In a practical sense, what you suggest is impossible.

With a defect of form, you would know for certain, and could be remedied by a valid ceremony.

The only place there would be doubt would be defects of intent, e.g. one party was coerced, an intention against fidelity, an intention against children, etc.

But, these defects are self-curing. If one party intended never to have children it would be a defect causing nullity, but if they change their intent later, the marriage automatically becomes valid.

There’s really no need to consult with a tribunal. A thorough study of Catholic teaching on marriage, and an assent to the teachings would cure any “hidden defect”.

God Bless

 

[Phemie]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly? For instance, they don’t want a marriage that is merely assumed to be valid or only putative. They want it to actually be valid without any question or doubt. The reason they ask this question is given how easy it seems to get annulments, there is a good chance an extraordinary number of marriages are in fact null, but only assumed to be valid unless proclaimed ‘null from the start’ by the Church. They don’t want their marriage to be only assumed valid. Is that a licit intention?

This one is easy. Renew your vows in front of a priest.

 

[1ke]

These canons apply:

Can. 1156 §1. To convalidate a marriage which is invalid because of a diriment impediment, it is required that the impediment ceases or is dispensed and that at least the party conscious of the impediment renews consent.

§2. Ecclesiastical law requires this renewal for the validity of the convalidation even if each party gave consent at the beginning and did not revoke it afterwards.

Can. 1157 The renewal of consent must be a new act of the will concerning a marriage which the renewing party knows or thinks was null from the beginning.

Can. 1158 §1. If the impediment is public, both parties must renew the consent in canonical form, without prejudice to the prescript of ⇒ can. 1127, §2.

§2. If the impediment cannot be proven, it is sufficient that the party conscious of the impediment renews the consent privately and in secret, provided that the other perseveres in the consent offered; if the impediment is known to both parties, both are to renew the consent.

Can. 1159 §1. A marriage which is invalid because of a defect of consent is convalidated if the party who did not consent now consents, provided that the consent given by the other party perseveres.

§2. If the defect of consent cannot be proven, it is sufficient that the party who did not consent gives consent privately and in secret.

§3. If the defect of consent can be proven, the consent must be given in canonical form.

 

[NTOT]

Thanks to all for your replies. It is much appreciated!

 

[puzzleannie]

I have no answer to your question, but there may be another way to “validate” the marriage without having to go through the anullment process.

Example: 2 unbaptized persons marry (assuming no impediments). They convert to Catholicism. Their marriage is presumed valid as a natural marriage. However, they may convalidate their marriage to make it sacramental. I do not believe (I could be wrong) that they are required to convalidate.

This is a “take it to your priest” kind of question.

not true
every marriage situation is different
please see your priest about yours
you will not get an answer on this forum from people who don’t know you and your situation that fits your situation. see your priest.

if you sense problems in your marriage, ask your priest for a referral to a Catholic counsellor. No, you cannot go through an annulment proceeding while you are still married. What you can do is meet with a priest or counsellor and address the issues you do have now.

 

[puzzleannie]

I know, not generally. But I have witnessed a marriage which by appearances to all very much seemed to be valid in every way. A year later the wife left the husband to live with her parents. The husband was heartbroken to find out he was in fact never really married to her as the marriage was declared null. (He filed the annulment proceeding btw). It seems rather to scary for those among us think we are married, but actually aren’t. I know we are suppose to ‘assume’ it is valid though until the tribunal says it isn’t.
In this case, had she not moved away, neither party would have even considered seeking an annulment, and they would have lived their lives in a marriage that wasn’t really sacramental and never really existed in the first place.

you know nothing about his case except outward appearances, so it makes absolutely no sense to judge your situation by comparison with that of others. please do yourself a favor, see your priest about your own situation if you have issues.

 

[FrDavid96]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly?

No.

For instance, they don’t want a marriage that is merely assumed to be valid or only putative. They want it to actually be valid without any question or doubt. The reason they ask this question is given how easy it seems to get annulments, there is a good chance an extraordinary number of marriages are in fact null, but only assumed to be valid unless proclaimed ‘null from the start’ by the Church. They don’t want their marriage to be only assumed valid. Is that a licit intention?

No, it isn’t a legitimate intention.

Also, is a decree of nullity an infallible pronouncement, or are some valid marriages actually in fact ‘nullified’ or made to be null?

It’s not an “infallible” pronouncement. It’s a legal decision under Church law. Infallible pronouncements are only made in matters of faith and morals, not matters of law. Likewise, a Sacrament cannot be reversed by a legal pronouncement.

Please understand that the Church performs convalidations for the purpose of making a Sacrament of the marriage, rather than merely a human, legal institution. A convalidation usually happens when a couple is married before a judge, protestant minister, rabbi, or someone else; the couple later wants their legal, civil marriage to be a Sacrament, and so the priest “marries them in the eyes of Christ.”

Requesting an annulment of a marriage, just for the sake of later requesting a convalidation would not be an acceptable thing to do. (I’m struggling for the right words here, but suffice to say that it can’t be done.)

As for assuming validity, marriage enjoys the favor of the law. That means that marriage is always assumed to be valid, but the burden of proof lies with one who wants to say that it’s invalid.

If a couple is truly concerned about the validity of their marriage, they should speak with their own pastor. If the first marriage was not performed by a priest (or bishop or deacon) the priest MAY be able to do a convalidation. But if it was performed by a Catholic clergyman, a convalidation is simply not possible (except in very extreme circumstances).

 

[Claire_from_DE]

Can an annulment be sought if a couple is unsure of the validity of their marriage so that they can remarry each other properly? For instance, they don’t want a marriage that is merely assumed to be valid or only putative. They want it to actually be valid without any question or doubt. The reason they ask this question is given how easy it seems to get annulments, there is a good chance an extraordinary number of marriages are in fact null, but only assumed to be valid unless proclaimed ‘null from the start’ by the Church. They don’t want their marriage to be only assumed valid. Is that a licit intention?
** Also, is a decree of nullity an infallible pronouncement, or are some valid marriages actually in fact ‘nullified’ or made to be null**?

No, valid marriages aren’t ‘nullified’. The decision of the Tribunal is made based on the information it is given by the divorced couple and others who have knowledge of the facts. If the couple lies to the Tribunal and a decree of nullity is given based on those lies, the valid marriage isn’t made invalid by that decision: it is erroneously judged to be invalid.

So, in such a case, a husband who lied and thereby received an annulment and then remarries is guilty of adultery. However, the new wife who knew nothing of that and assumes his former marriage was invalid isn’t guilty of sin in marrying him.

 

[FrDavid96]

She’s not asking about getting divorced and then remarried to someone else.

She’s asking about a couple having their own marriage annuled and then turning around and marrying each other again.

 

[Claire_from_DE]

I think her last sentence was a separate, general question, not one directly relevant to her specific situation. I responded to it as a general question. An annulment doesn’t make a marriage invalid; it recognizes that it was invalid.

 

[Phemie]

I think her last sentence was a separate, general question, not one directly relevant to her specific situation. I responded to it as a general question. An annulment doesn’t make a marriage invalid; it recognizes that it was invalid.

Despite what was written, I think what she was really asking was “are mistakes ever made in declaring a marriage invalid?” The answer to that would be yes, sometimes marriages are declared invalid and then that decision is reversed when the decree is appealed to the Rota (Kennedy, for example). If the person who appealed to the Rota had not done so, the decree of nullity would have stood.