Annulments

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the Church has never at any time in her history “passed out annulments”. The Church has been using the authority given to her by Jesus Christ to investigate and judge individual marriage cases to determine first whether or not two individuals are free to marry and if necessary to dispense any Church law that can be dispense; and two, to determine–after a marriage has broken down and the parties separated and beyond hope of reconciliation–if a valid marriage has ever existed. This is done by examining the conditions that pertained at the time of the marriage – not afterward – through the usual judicial means, taking written testimony, questioning witnesses, and applying the law. The judgment rendered is properly called a “decree of nullity”. There is actually no such thing as an annulment.

The Church has been using her authority since the first century, when it was granted by Christ. Church law on marriage has evolved over time, as has canon law and the judicial process necessary to apply it and judge cases.
 
puzzleannie said:
the Church has never at any time in her history “passed out annulments”. The Church has been using the authority given to her by Jesus Christ to investigate and judge individual marriage cases to determine first whether or not two individuals are free to marry and if necessary to dispense any Church law that can be dispense; and two, to determine–after a marriage has broken down and the parties separated and beyond hope of reconciliation–if a valid marriage has ever existed. This is done by examining the conditions that pertained at the time of the marriage – not afterward – through the usual judicial means, taking written testimony, questioning witnesses, and applying the law. The judgment rendered is properly called a “decree of nullity”. There is actually no such thing as an annulment.

The Church has been using her authority since the first century, when it was granted by Christ. Church law on marriage has evolved over time, as has canon law and the judicial process necessary to apply it and judge cases.
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Very good description, thanks. Just because a couple applies for a decree of nullity does not guarantee an annulment will be ruled. I have a very good friend of mine whose pursuit of nullifying his first marriage was rejected. If it was a sacramental marriage at the time the vows were exchanged it will not be decreed null and void.

He has since remarried and I think he left the Church, but I am not sure. Point being there are many annulments that are not given.
 
puzzleannie said:
the Church has never at any time in her history “passed out annulments”. The Church has been using the authority given to her by Jesus Christ to investigate and judge individual marriage cases to determine first whether or not two individuals are free to marry and if necessary to dispense any Church law that can be dispense; and two, to determine–after a marriage has broken down and the parties separated and beyond hope of reconciliation–if a valid marriage has ever existed. This is done by examining the conditions that pertained at the time of the marriage – not afterward – through the usual judicial means, taking written testimony, questioning witnesses, and applying the law. The judgment rendered is properly called a “decree of nullity”. There is actually no such thing as an annulment.

The Church has been using her authority since the first century, when it was granted by Christ. Church law on marriage has evolved over time, as has canon law and the judicial process necessary to apply it and judge cases.
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Where does Jesus Christ give this authority?
 
rev_kevin said:
Where does Jesus Christ give this authority?
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Rev, if Christ did not clearly spell out the details Biblically, the Catholic Church does not do Scripture alone but with tradition and believes Christ passed authority to His representatives on earth, the Apostles, and then to their successors down thru time. I’m no annulment expert but I’m guessing that might be the answer.
 
Bill,

For as long as people have stood up at the altar, but failed to completely offer themselves, free of impediment, to one another. Better question is “when did the Church start handing out marriage certificates without checking adequately for impediments?”

rev kev,

As noted, isn’t it interesting to note that Jesus DIDN’T say, “whosoever pronounces vows together let no man tear apart.” He said “whosoever GOD has joined…” That statement requires that it be discerned whether God actually joined a seemingly married couple or not. For lack of further specific revelation on the matter, the Church developed over time a means to help people figure that out. You can argue that each individual can and should discern it for himself, but if you do argue that you reveal a rather tragic lack of comprehension of the human character…
 
my opinion on this matter:

i don’t think you need aurthority to annul a marriage. all you need is a fact-finding committee to prove that something was done in bad faith, or an honest mistake. because the marriage is not being ended. annullment means there was never any marriage in the first place, but at least one of the parties are led to believe that they are entering into a valid marriage. God would have known from the beginning that the marriage is invalid, for He sees everything.

annulment is not a matter of authority, but a matter of discovery, that you discover the truth that the marriage should have not happened in the first place
 
Read more here:

newadvent.org/cathen/05054c.htm

"A short answer is that the Church has been handling questions concerning the validity of marriage from time immemorial - some records go back as early as the mid-8th century (before Charlemagne), but even at that time, it was not considered a novelty - we’d already been doing it for some time.

The Pauline Privilege (not technically an annulment, but a dissolution of the matrimonial bond) is from 1 Corinthians, 7:12-15, which shows that even in the early Church, before scripture was written, the Church exercised authority over marriage.

The Tribunal system, as we now know it, can date its history back to the Emperor Constantine (early 4th century), and more clearly (as far as our procedures are concerned) to the Code of the Emperor Justinian (529).

The first specific codification of procedures to be followed in a marriage nullity trial was published in about 1150 by Gratian, but again, that was not seen as something new, but the codification of long-standing practices throughout the Church."

The above quote is from a friend of mine who is a Tribunal Canon Lawyer. He provided this information to me in response to the OP’s question.

~Liza
 
choy said:
my opinion on this matter:

i don’t think you need aurthority to annul a marriage. all you need is a fact-finding committee to prove that something was done in bad faith, or an honest mistake. because the marriage is not being ended.
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a marriages is NOT annulled. a canon law tribunal investigates facts and renders a judgment, either the marriage was valid or it was not. It does NOT annul a marriage. It merely declares it is null and void. not the same thing, these words have specific meaning, legally and theologically, and it muddies the waters to misuse them. A marriage can be valid even if not sacramental, by the way. A contract between two unbaptized persons who are otherwise free to marry is a valid natural marriage.
 
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