I am really shocked at how many Catholics, even the practicing ones, have a complete misunderstanding of marriage, civil divorce, and a declaration of nullity. Let’s review, people.
Marriage is an indissoluable union between two persons
who give their full consent and will. They also must make vows before God *that they have the intention of keeping *specifically regarding the procreation and education of children. See the Catechism paragraphs 1601-1666 and 2331-2400.
A marriage is valid if all the requirements of the marriage are met *at the time of the wedding. *Both parties must be free to marry and give their
matrimonial consent: This means that they are both:
- not under any constraint
- not impeded by any natural or ecclesiastical law (CCC 1625)
“The consent must be an act of the will of each of the contracting parties, free of coercion or grave external fear. No human power can substitute for this consent. If this freedom is lacking the marriage is invalid.” (CCC 1628)
“For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., ***that the marriage never existed ***In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged.” (CCC 1629; Cannons 1095-1107, 1071)
So, there are several reasons a marriage can be declared null by a tribunal. Perhaps the bride was being coerced into marriage by her parents. Perhaps the couple had no intention of having children or were planning to use birth control. Perhaps one or both parties did not have a proper understanding of the sacrament and so could not give full consent of their will, since that requires full understanding. Perhaps the couple was not married according to the normal ecclesiastical form (i.e. not “in the Church”) without the proper dispensation. The point is, a marriage that is declared null
never existed in the first place. It is not a declaration that a marriage that once existed no longer exists. It does not say “you were married yesterday, but today you two are no longer married.” It says “the two parties were never married to begin with.”
A civil divorce obviously says that the current marriage is now dissolved. The Church allows for separation of spouses or even civil divorce in grave circumstances (CCC 2383-2385). It does not necessarily mean that the marriage never existed. In the eyes of God two people can be married, but according to the law the same two people might be civilly divorced.
A declaration of nullity (not “an anullment”) is NOT a “Catholic divorce”. It is a recognition by the Church that, in the eyes of God, the two parties were never joined in marriage. That is why Catholics are required to view ALL marriages (even those between civilly divorced people) as vaild and existing in the eyes of God until the information pertaining to that union has been submitted to the tribunal and a ruling has been made as to whether or not that marriage ever existed. This is why divorced people (who have not obtained a declaration of nulity) are not allowed to date or remarry.
This is why the Church can never just “change the laws” and allow divorce the way the modern world does. It’s not a Church law. Marriage is a supernatural joining of two people that transends Church law. The Church just witnesses it at the time of the ceremony and makes sure that the two parties entering it are properly instructed ahead of time.
Please, people, let’s at least understand what the Church teaches about this.
Oh, and if you want to know what the Church teaches about adultery (since that’s what this thread is about), read CCC 2380-2381 under the heading “Offenses Against Marriage”.