Concerning annulments, can someone please give me a good explanation of the Error of Sacramental Dignity (Canon 1099)?

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I am new to Christianity, and I followed the call to the Catholic Church in the fall of 2018. I completed RCIA in April 2019. However, I was not fully received because I had a marriage prior to my current wife.

I have gone through the annulment process (a very long 18 months). While I don’t have the “final” decision, I was forewarned by my parish priest that the Tribunal is voting “non-affirmative”. My warning came on March 4, and I have been on a roller coaster of emotions ever since.

My argument is with the Error Concerning Sacramental Dignity (Canon 1099). I even spoke with the presiding judge of the Tribunal on March 6, and when I mentioned this to him, he almost immediately dismissed it. While I don’t remember exactly what he said, it was basically something like “People of all religions get married, and we can’t assume their marriages aren’t valid because they have different beliefs.” Again, totally paraphrasing, but that’s pretty close.

My background is not another religion, but a complete LACK of religion. I was not raised in a church of any kind, considered myself an atheist at a very young age (around age 10), and I had absolutely no knowledge or understanding of the teachings of Jesus concerning marriage. Both of my parents were believers, but they weren’t really “practicing” believers. However, I was baptized at a very young age.

To me, marriage was just a legal contract. I married my first wife because I was joining the US Army, and they required me to be married if I wanted her and our daughter to travel with me. There was no religious context to my getting married. I used to argue about getting married, saying things like “I don’t need a piece of paper saying that I love you”, and similar things like that. In fact, I never actually understood why marriages were done in churches (I guess I assumed that it was some kind of tradition). The very fact that a judge at a courthouse can marry people just reinforces the idea that marriage is just a legal contract (at least that’s the way I felt back then).

Therefore, knowing that I had absolutely no knowledge of the teachings of Jesus prior to my first marriage, how could I have possibly entered into a sacramental marriage? At the time of my first marriage, I did not believe in God, I had no religious background of any kind, I had no understanding of the Church’s teaching of marriage, I had no marriage counseling prior to the marriage, and yet the Tribunal is saying that I had a sacramental marriage? This doesn’t make any sense to me.

I have been all over the internet looking for a good explanation of the Error Concerning Sacramental Dignity, but all I find is information that reinforces my understanding that this absolutely applies to my situation. Yet the Tribunal says it doesn’t.

If my situation doesn’t fall under the Error Concerning Sacramental Dignity, then what does? I need to know, for a fact, that this does not apply to me so I can move on in peace, knowing that the Tribunal is making the correct decision.

Thank you, and God Bless you all.
 
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This is above 99.9% of everyone’s pay grade here, I’m afraid. I believe @1ke is a canonical lawyer and might be able to help out.
 
I believe @1ke is a canonical lawyer and might be able to help out.
I am not a canon lawyer.
I have been all over the internet looking for a good explanation of the Error Concerning Sacramental Dignity, but all I find is information that reinforces my understanding that this absolutely applies to my situation. Yet the Tribunal says it doesn’t.
Perhaps @acanonlawyer will respond.

Otherwise I can suggest you reach out for help to the St Joseph Foundation:

stjosephcanonlaw.com
 
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I could be it!

I do know most of the basics, and even a few more complex nuances. But I would never claim to be an expert and I am certainly not a canon lawyer. I’ve gone to some classes, And I’ve read a lot. That’s about it.
 
Did you have an advocate from the tribunal to help you with the process?

Who set the grounds for invalidity and was canon 1099 the only one?
 
Did you have an advocate from the tribunal to help you with the process?

Who set the grounds for invalidity and was canon 1099 the only one?
My “advocate” was my parish priest. He’s no canon lawyer, but he’s knowledgeable about most of this. It was ME that called the Tribunal (after hearing about the non-affirmative decision) and I tried to argue the Error of Sacramental Dignity. I had stated twice in my testimony that I thought marriage was just a legal contract, so the presiding judge knew my view, and yet he still rejected it as grounds for annulment.

The grounds presented were “Grave lack of discretion” and “Error concerning indissolubility”. Both of those were rejected, and after my own research, I agree with that decision. It was during this research that I learned about the Error of Sacramental Dignity, and it really seemed to apply to me.

I’m just trying to figure out why they’re telling me that it doesn’t.
 
Like 1ke, I am not a Canon lawyer, but we did cover this canon in a recent class. Here is a paraphrase of what we covered on that Canon.

Canon 1099 says that having a faulty understanding of marriage does not invalidate consent unless that fault directly influenced the desire to marry.

So believing that divorce is possible is not enough to find a marriage invalid unless the person specifically entered the marriage with an intent for that particular marriage to be dissoluable. It is not just about accepting divorce in theory, but it has to be actively willed for that marriage at the time of consent.

In a similar way, one would have had to actively will to not enter into a true and sacramental marriage for it to invalidate consent. That is not the same thing as not believing (or being unaware) that it is a sacrament. The first case is an active act of the will to exclude a fundamental property of marriage, whereas in the second case it might be called passive exclusion because it did not determine the will.

Essentially it would have to be a case where someone entered into marriage precisely because they believed it was not sacramental and would not have entered into the marriage if it was sacramental. A person having no thought about the sacramentality either way means that the error could not determine the will.
 
Like 1ke, I am not a Canon lawyer, but we did cover this canon in a recent class. Here is a paraphrase of what we covered on that Canon.

Canon 1099 says that having a faulty understanding of marriage does not invalidate consent unless that fault directly influenced the desire to marry.

So believing that divorce is possible is not enough to find a marriage invalid unless the person specifically entered the marriage with an intent for that particular marriage to be dissoluable. It is not just about accepting divorce in theory, but it has to be actively willed for that marriage at the time of consent.

In a similar way, one would have had to actively will to not enter into a true and sacramental marriage for it to invalidate consent. That is not the same thing as not believing (or being unaware) that it is a sacrament. The first case is an active act of the will to exclude a fundamental property of marriage, whereas in the second case it might be called passive exclusion because it did not determine the will.

Essentially it would have to be a case where someone entered into marriage precisely because they believed it was not sacramental and would not have entered into the marriage if it was sacramental. A person having no thought about the sacramentality either way means that the error could not determine the will.
Thank you! I think your response gives me all of the clarity that I was looking for. I have looked all over the internet, and I never found anything as clear and understandable as this. Not that it was the answer that I wanted to hear, but this at least gives me some peace knowing that the Tribunal is making the right decision.

Thanks again. God Bless You!
 
I am new to Christianity, and I followed the call to the Catholic Church in the fall of 2018. I completed RCIA in April 2019. However, I was not fully received because I had a marriage prior to my current wife.
Reading this I’m guessing that you weren’t baptized at the time of your first marriage?
 
My background is not another religion, but a complete LACK of religion. I was not raised in a church of any kind, considered myself an atheist at a very young age (around age 10), and I had absolutely no knowledge or understanding of the teachings of Jesus concerning marriage
Atheists enter valid, natural marriages every day.
 
Take a look at canon 1102
You said that the only reason you married was so that your wife and daughter could travel with you while you were in the military.

Canon 1101 §2
Total exclusion of marriage
You or your spouse did not intend to contract marriage as the law of the Catholic Church understands marriage. Rather, the ceremony was observed solely as a means of obtaining something other than marriage itself, e.g., obtain legal status in the country or to legitimize a child.
 
Take a look at canon 1102
You said that the only reason you married was so that your wife and daughter could travel with you while you were in the military.

Canon 1101 §2
Total exclusion of marriage
You or your spouse did not intend to contract marriage as the law of the Catholic Church understands marriage. Rather, the ceremony was observed solely as a means of obtaining something other than marriage itself, e.g., obtain legal status in the country or to legitimize a child.
Thank you! I genuinely appreciate your concern for my situation. However, this doesn’t actually apply to me. Basically, I could have said “No”, and I still could’ve joined the Army, and they technically could’ve still traveled with me if I was willing to pay for it myself. By being married, the Army would cover the cost of them traveling with me. Plus, by being married, my wife would be eligible for Army-spouse benefits (if we weren’t married, only our daughter would be eligible). Also, even though I had a negative opinion of marriage, I know that I would’ve eventually married her. Joining the Army just simply expedited the process.
 
Canon 1099 says that having a faulty understanding of marriage does not invalidate consent unless that fault directly influenced the desire to marry.

So believing that divorce is possible is not enough to find a marriage invalid unless the person specifically entered the marriage with an intent for that particular marriage to be dissoluable. It is not just about accepting divorce in theory, but it has to be actively willed for that marriage at the time of consent.
This is one of about a half-dozen Church teachings that I have a hard time accepting.

By my natural lights (not to be confused with that watery stuff that many Americans, myself included, regard as “beer” 🍺), I don’t understand how you can “do what the Church does” — facere quod facit ecclesia — when two people have the notion that other people can marry and that the union is not indissoluble, or, way back in the back of their minds, they have the notion that “if my spouse here takes a knock on the head, their personality totally changes, and they become a child molester or an ax murderer, then, yes, I can divorce them, and when the judge lays down the gavel, this sacrament will be dissolved and will cease to exist”.

It comes across to me, as being the same as if a validly ordained priest were to lose his faith in the Real Presence, leave the Church, yet confect the Mass for, let’s say, a bunch of very “low church” Anglicans who believe that it is only a symbol or a memorial, have in mind “this remains bread and wine”, yet somehow still confect the valid Body and Blood of Christ, because he has valid orders and he is using the very same words of consecration that he would have used in the Catholic Church. Would he? How so?

Yet, as in all things, when my brain doesn’t quite “go along with the Church”, I do precisely what any Catholic should do, assume I am wrong and the Church is right, and behave accordingly. Some people’s weak spot is birth control, or homosexual activity, or divorce and remarriage. My weak spot is understanding how two people can confect a valid sacrament if they don’t think it’s indissoluble. Sentire cum ecclesia!
 
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Was your ex wife?
Here’s where things get sticky. You see, my ex-wife thought she was baptized, and only recently learned that she wasn’t (during this annulment process). Her mother had taken her to an “infant dedication” ceremony at their Pentecostal church, but never took her back to be formally baptized. My ex-wife lived her entire adult life thinking she was baptized (until about 18 months ago).

However, I was directly told that her lack of baptism didn’t matter in our case. If you can show me otherwise, I’m all ears.
 
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Here’s where things get sticky. You see, my ex-wife thought she was baptized, and only recently learned that she wasn’t (during this annulment process). Her mother had taken her to an “infant dedication” ceremony at their Pentecostal church, but never took her back to be formally baptized. My ex-wife lived her entire adult life thinking she was baptized (until about 18 months ago).
For anullment it doesn’t, but it means your marriage wasn’t sacramental, and is therefore potentially dissoluable. I’m pretty sure it’s Petrine privilege, and don’t get your hopes up too high, but it may be worth investigating.

I take it your baptism wasn’t Catholic.
 
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For anullment it doesn’t, but it means your marriage wasn’t sacramental, and is therefore potentially dissoluable. I’m pretty sure it’s Petrine privilege, and don’t get your hopes up too high, but it may be worth investigating.

I take it your baptism wasn’t Catholic.
Petrine privilege, as in “dissolution of a marriage by the Pope”? I’ll talk to my parish priest about it, but this seems like a bit a long-shot. But I do appreciate you bringing it to my attention.

And no, my baptism was not Catholic.
 
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