Annulment?

[Phemie]

In an effort to reduce the number of annulments, use of the Pauline or Petrine privileges is preferred over an annulment whenever it seems that they would be applicable.

Is it a given that someone who can use either Petrine or Pauline privilege would get an annulment?

 

[Just_Lurking]

Is it a given that someone who can use either Petrine or Pauline privilege would get an annulment?

No, it is a complete Venn diagram. There are people who can only get an annulment, there are people who can only use one of the privileges, and there are people who quality for both an annulment and a privilege. It is in that last category that a decision as to which route to take must be made.

Too make matters really complicated, there is also dissolution of marriage due to non-consummation. Canon law makes this the preferred route whenever it applies:

Can. 1681 Whenever, during the instruction of a case, a very probable doubt emerges that consummation of the marriage did not occur, after suspending the case of nullity with the consent of the parties, the tribunal can complete the instruction for a dispensation super rato and then transmit the acts to the Apostolic See together with a petition for a dispensation from either one or both of the spouses and the votum of the tribunal and the bishop.

 

[Phemie]

No, it is a complete Venn diagram. There are people who can only get an annulment, there are people who can only use one of the privileges, and there are people who quality for both an annulment and a privilege. It is in that last category that a decision as to which route to take must be made.

Too make matters really complicated, there is also dissolution of marriage due to non-consummation. Canon law makes this the preferred route whenever it applies:

Can. 1681 Whenever, during the instruction of a case, a very probable doubt emerges that consummation of the marriage did not occur, after suspending the case of nullity with the consent of the parties, the tribunal can complete the instruction for a dispensation super rato and then transmit the acts to the Apostolic See together with a petition for a dispensation from either one or both of the spouses and the votum of the tribunal and the bishop.

Seems to me that it would be better to find that a marriage wasn’t valid than to dissolve a valid marriage. I think if I thought I had grounds I’d rather petition for a decree of nullity from the Tribunal in my small diocese rather than wait years for a possible Petrine Privilege.

 

[Just_Lurking]

Seems to me that it would be better to find that a marriage wasn’t valid than to dissolve a valid marriage. I think if I thought I had grounds I’d rather petition for a decree of nullity from the Tribunal in my small diocese rather than wait years for a possible Petrine Privilege.

And it takes even longer for a dissolution due to non-consummation. Yet the canon law also prefers that method over an annulment, again to avoid the scandal of declaring a sacrament invalid.