Difficult Irregular Marriage Hypos

[CommonWeal]

If you choose to help, please know that this is not a pointless exercise, and I thank you in advance for your time and moral diligence. Before you give your answer, please think about the circumstances carefully; and when you give your answer, please provide a brief rationale for your conclusion.

RULES & ASSUMPTIONS: The questions below assume that a baptized man in an irregular marriage with a baptized woman is making his first confession, and he is examining his conscience for mortal sins. The annulment is still pending when the man makes his first confession.

HYPOTHETICAL #1.

**Facts: **The woman’s former attempt at marriage was in fact null, due to lack of form, and the man knows this to be true. The couple engage in marital relations for several years until the woman begins the annulment process, at which time both of them promise to live as brother and sister until the Church renders a final judgment.

**Question: **Must the man confess to committing adultery?

HYPOTHETICAL #2.

Facts: The woman’s former marriage is in fact null for reasons unknown to either party; that is, neither the man nor the woman knows that the former marriage is null during the intervening period between their own putative marriage (A) and when they promised to live as brother and sister (B) in view of the pending annulment.

**Question: **Must the man confess to committing adultery during the intervening period A - B?

HYPOTHETICAL #3.

Facts: Same facts as hypothetical #2 above, except that the man also breaks his own wedding vows by having lustful thoughts about a woman who is not his wife.

Question: Must the man confess to committing adultery with the woman who is not his wife?

HYPOTHETICAL #4.

**Facts: **Same facts as hypothetical #2 above, except that the woman’s former marriage is valid, and the man, whose putative marriage is therefore null, also has lustful thoughts about a woman who is not his putative wife.

**Question: **Must the man confess to committing adultery with his putative wife? With the woman who is not his wife?

 

[jmcrae]

If you choose to help, please know that this is not a pointless exercise, and I thank you in advance for your time and moral diligence. Before you give your answer, please think about the circumstances carefully; and when you give your answer, please provide a brief rationale for your conclusion.

RULES & ASSUMPTIONS: The questions below assume that a baptized man in an irregular marriage with a baptized woman is making his first confession, and he is examining his conscience for mortal sins. The annulment is still pending when the man makes his first confession.

He can’t receive the Absolution until after he has been restored to communion with the Church, in any case.

HYPOTHETICAL #1.

**Facts: **The woman’s former attempt at marriage was in fact null, due to lack of form, and the man knows this to be true. The couple engage in marital relations for several years until the woman begins the annulment process, at which time both of them promise to live as brother and sister until the Church renders a final judgment.

**Question: **Must the man confess to committing adultery?

Clearly, they must have married outside the Church if she didn’t receive her Declaration of Nullity yet; therefore, regardless of the status of the original marriage, they two are also not validly married yet; therefore, the act is “fornication” (sex between two parties who have never been validly married) - and yes, he must confess it.

HYPOTHETICAL #2.

Facts: The woman’s former marriage is in fact null for reasons unknown to either party; that is, neither the man nor the woman knows that the former marriage is null during the intervening period between their own putative marriage (A) and when they promised to live as brother and sister (B) in view of the pending annulment.

**Question: **Must the man confess to committing adultery during the intervening period A - B?

If he knew or even if he incorrectly thought he was performing the marriage act with someone who was not validly his wife, then he needs to confess it.

If he had no idea that he was (or that he might be) doing anything wrong, he has nothing to confess.

HYPOTHETICAL #3.

Facts: Same facts as hypothetical #2 above, except that the man also breaks his own wedding vows by having lustful thoughts about a woman who is not his wife.

Question: Must the man confess to committing adultery with the woman who is not his wife?

He needs to confess the inappropriate thoughts, since regardless of the status of his marriage, the other woman is definitely not his wife.

HYPOTHETICAL #4.

**Facts: **Same facts as hypothetical #2 above, except that the woman’s former marriage is valid, and the man, whose putative marriage is therefore null, also has lustful thoughts about a woman who is not his putative wife.

**Question: **Must the man confess to committing adultery with his putative wife? With the woman who is not his wife?

Yes, and yes - again assuming knowledge and consent.

 

[Hoosier_Daddy]

He can’t receive the Absolution until after he has been restored to communion with the Church, in any case.

HYPOTHETICAL #1.

Clearly, they must have married outside the Church if she didn’t receive her Declaration of Nullity yet; therefore, regardless of the status of the original marriage, they two are also not validly married yet; therefore, the act is “fornication” (sex between two parties who have never been validly married) - and yes, he must confess it.

If he knew or even if he incorrectly thought he was performing the marriage act with someone who was not validly his wife, then he needs to confess it.

If he had no idea that he was (or that he might be) doing anything wrong, he has nothing to confess.

He needs to confess the inappropriate thoughts, since regardless of the status of his marriage, the other woman is definitely not his wife.

Yes, and yes - again assuming knowledge and consent.

Yup!