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pommom
Guest
If two Catholics are divorced and one parent askes the Church for an annulment, what is the status of the children if the annulment is granted?
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basilisk
Guest
Their status as legitimate is unaffected, as they are considered to be the product of a union that was apparently valid at the time of their conception and birth.
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pommom
Guest
Thank you for your prompt reply.
My husband and I have a Catholic friend who has been devastated by their spouse’s demand for a divorce.
In order to have the divorce granted, this spouse has made statements , under oath to the State. These sworn statements make the marriage vows, taken during a traditional Catholic Wedding Mass, invalid.
Our friend was concerned that annuling the marriage would retroactively give any children of the marriage a " born out of holy wedlock " status.
The answer you provided will bring great peace of mind.
Thank you again
My husband and I have a Catholic friend who has been devastated by their spouse’s demand for a divorce.
In order to have the divorce granted, this spouse has made statements , under oath to the State. These sworn statements make the marriage vows, taken during a traditional Catholic Wedding Mass, invalid.
Our friend was concerned that annuling the marriage would retroactively give any children of the marriage a " born out of holy wedlock " status.
The answer you provided will bring great peace of mind.
Thank you again
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puzzleannie
Guest
the status of the children is not affected in any way
perhaps but that still must be investigated and judged, along with other facts relevant to the situation that pertained at the time of the initial contract, by the canon law tribunal of the diocese where the marriage occured or it can be filed where either party resides now.
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1ke
Guest
Here is the canon in canon law that applies here:
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.
A “putative” marriage is defined as follows in canon law:
Can. 1061 §3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity.
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.
A “putative” marriage is defined as follows in canon law:
Can. 1061 §3. An invalid marriage is called putative if at least one party celebrated it in good faith, until both parties become certain of its nullity.
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joandarc2008
Guest
I think I heard it best explained at our Pre-CANA II conference -
It is not the MARRIAGE that is annulled - you were married, had kids, etc. Nothing you can do about it.
It is the sacrament that is annulled as it was not given validly and that does not change the status of your children.
God bless,
It is not the MARRIAGE that is annulled - you were married, had kids, etc. Nothing you can do about it.
It is the sacrament that is annulled as it was not given validly and that does not change the status of your children.
God bless,
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AHapka
Guest
Isn’t an annullment a statement that the marriage never existed in the first place? Because if the marriage was not annulled, then the person is not free to marry again because they are still married. If the marriage is annulled, they were never married, because no one can dissolve a valid marriage:
“Can. 1141 A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death.”
The couple thought that they were married. Obviously committed no sin in marital relations (I suppose in some circumstances one could, if one or both knew that it wasn’t valid, (for example “married” two people at the same time)). But they never really were married. However, since marriage is given the privilege of law, they were always presumed to be until proved otherwise.
In any event, what is the real difference between a “legitimate” and “illegitmate” child? It’s never even been asked of anyone in my church before participation in the Sacraments/enrollment in school/participation in church/or for any other event. Does it really even matter in any way?
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dianaballein
Guest
This forum is a great resource, OP.
I, too, went through an annulment and my Priest was very good at reassuring me that the Church no longer labels children as illegitimate. That a legal marriage took place, I took my ex-husband’s name, children were born, and there was a legal divorce. The only thing the annulment is doing is removing the “sacramental” definition to my 1st marriage. My children are just fine.
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1ke
Guest
No. The marriage existed but was found to be invalid. The term for this type of marriage in canon law is called a putative marriage.
In the old code of canon law, illegitimacy effected one’s ability to hold ecclessial office and Holy Orders. Under the 1983 code of canon law this is no longer the case.
However, legitimacy is still referenced for the benefit of those living in countries where Church law has some relationship/bearing on civil jurisprudence.
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joandarc2008
Guest
And I think as we all know kids and peers can be cruel. Some peers will do and say things to each other that while they may true they are outside the control of one’s own actions. Legiticimacy of one’s birth would be one of these things. It can be very damaging to one’s self esteem regardless if they see themselves in that light. I believe what it all comes down to is how the parents teach their children.
God bless and I am sorry about your first marriage and wish you luck in the future,
God bless and I am sorry about your first marriage and wish you luck in the future,
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