Do i need more than one ground for annulment?

[usagirl42]

The Tribunal in my state identified two grounds for annulment of my marriage: Lack of Discretion by both parties and Absence of Intent to enter permanent union (by respondent). My ex is going to write back that he did have intent to stay married until death.

If he does not agree to the one statement about his lack of intent, can an annulment still be granted for Lack of Discretion? Or does the respondent need to agree to BOTH reasons?

Thank you for your time

 

[Fr.Charles_Grondin]

You only need one ground for an annulment. All the essential goods of marriage must be intended **and **the ability to make the commitment to those goods must be present. If only one of the goods of marriage was not intended then the marriage is invalid. If all the good of marriage were intended but the individual lacked the ability to truly make that commitment then the marriage is invalid.

What the canon lawyer in this case appears to have determined is that the intention of the marital good of permanence and the ability to make a commitment of marriage were missing. Either ground will suffice for determining that a sacramental marriage was not present.

Even if your ex-husband is able to prove his intention for permanence, canon law states that lack of due discretion renders one “incapable of contracting marriage” (canon 1095, 2).