History of Annullments

[mrbearlyman]

Today during RCIA one of our candidates asked about the history of annulments in the Catholic Church. To be honest, this is not a topic I have thought about very much. My intuition tells me that dealing with irregular marriages have always been a part of the Christian experience, but I am not readily finding information that addresses this from a historical perspective. I was hoping someone could point me to books, articles, or other information concerning the history of annulments.

One thing that I have noted in my initial research is that annulments were historically processed by Rome, and the centralized nature of the process made is slow and cumbersome. In the last 40 - 60 years the process has become more decentralized, and this has led to a much larger number of annulments being processed annually.

Nonetheless, it seems that the principles upon which modern annulments are granted must have historic roots going back to the start of the church. I’m hoping someone has researched this topic in depth.

 

[Vanny]

I’d be interested in knowing this too.
On a different forum I asked how far back in Church history did annullments as they are now practiced exist and no one could really answer me.

 

[JulianN]

This may be helpful:

Annulment Origin and History Apologetics

Since Roman Catholicism seems to be distinct and in contrast to the Protestant and Orthodox traditions in offering annulment, how did this develop? What’s a good book or website to understand how annulment was first conceived and how it developed? I’m considering going through the process but would like to be confident that it is a process ordained and blessed by God. (I’ve done web searches and gotten several books but have been frustrated; lots on process but almost nothing on how it evolve…

 

[gfd]

what does this mean? My children grew up with unmarried parents? My married sex life was a sin? My wife did not send enough cash to get the annulment? Why do I remember the paper from the Diocese of Mobile stating I was being sued? Is all the Church fallible and the processes and institution and people all susceptible to corruption?

 

[mrbearlyman]

Hi gfd,

I am not an expert on this subject, but perhaps I can offer a few insights.

First, there is a difference between a “civil” marriage and a “sacramental” marriage. The church has certain requirements for a valid “sacramental” marriage, and likewise the state has certain requirements for a valid “civil” marriage. A person can have a valid “civil” marriage without having a valid “sacramental” marriage. The Catholic Church assumes all marriages are valid unless proven otherwise. When someone seeks an “annulment” they are essentially asking the church to determine if they had a valid “sacramental” marriage. If the church declared the marriage “null” it does not mean that the “civil” marriage was invalid. The bottom line is that your children did not grow up with unmarried parents if you had a valid “civil” marriage.

As far as your married sex life being a sin I would not know. In order to be committing sin a person must know that they are committing sin. In many cases the church finds that people have an improperly formed conscience, which can greatly lessen the culpability. It is possible for people to be engaged in sinful behaviors without being fully aware. This is why it is very important for all of us to educate ourselves on the meaning and purpose of marriage. A marriage can be sacramentally null if one or the other person had a flawed understanding of what they were doing on the day of the marriage. When the church does its investigations it is always looking at information prior to the marriage (not after).

I have not seen any of your paperwork, but the tribunal is an internal church court that has no civil authority to sue anyone. Is it possible you are being sued in a civil court?

The cost for annulment expenses is surprisingly low compared to the cost of civil litigation. The highest amount I have ever seen is $750.00. In my diocese the cost is $400.00. No doubt that is a good amount of money. However, annulments are not about money. No amount of money will “buy” an annulment.

There is always the possibility of corruption creeping into a process or institution. That’s why there are checks and balances built into the tribunal process. The tribunal consists of a panel of Canon Law experts and advisors. This makes it very hard for collusion to occur.

Finally, I don’t know where you are in this process, but it might be good if you could find an advocate to help you. The Catholic Church trains people to assist individuals going through the annulment process. If you contact the main office for the diocese they should be able to connect with an advocate in your area.

Hope this helps.

 

[gfd]

thank you for the reply. Thank you for the effort. It is good that the process makes some sense to you.

This happened to me twenty years ago. It was denied.

I suppose it really doesn’t matter. It probably does not matter that your reply makes no sense to me. By the way the annulment paperwork received from the Diocese had the word sue. After being sued for divorce in civil court, this part is the only thing that appears to be congruent. That and the fee.

Seems to me its all about the money.

 

[acanonlawyer]

One thing that I have noted in my initial research is that annulments were historically processed by Rome, and the centralized nature of the process made is slow and cumbersome. In the last 40 - 60 years the process has become more decentralized, and this has led to a much larger number of annulments being processed annually.

Frankly, I don’t know of any books that spend a great deal of time on the history of the marital nullity process. At this link, under number 4, there is a brief discussion of some historical aspects: http://www.newadvent.org/cathen/05054c.htm

I think it is incorrect to say that the process was “centralized” until 40-60 years ago. Nullity cases have been within the purview of diocesan bishops for centuries. The high-profile cases (such as Henry VIII) tend to involve royalty and those cases, indeed, were referred to the Holy See for judgment. Rank and file Catholics, however, would not have had to depend on a decision from Rome (individuals could request Roman intervention, though).

The increase in cases (at least there was an increase from the 1970s-1980s) came mostly from a change in regard to who could petition for a declaration of nullity as well as, I suspect, increased awareness of the availability of the process.

Pope Francis made some changes in the process itself in 2015, with the aim of “streamlining” it. Nevertheless, there was nothing inherently or necessarily inefficient about the process as it was prior to that.

Dan

 

[mrbearlyman]

Hi Dan,

Thank you for your message. I have had to rethink my comment regarding annulments being “centralized”. As I have looked into this further it looks like the process was more like what you described (i.e. high-profile cases being referred to Rome).

I remember hearing news about Pope Francis wanting to streamline the process, but I am a little unclear what changes actually occurred. Last year my wife and I signed up for annulment advocate training with our diocese, but there was already a waiting list of volunteers. We still have not been called yet because they only need a certain number of advocates to handle the case load. It seemed like a perfect way to learn about the process and help people at the same time.

Ed