Is Canon 1099 an Easy Annulment?

[Xanthippe_Voorhees]

JulianN:

What is your evidence for these “careless” and “frivolous” grantings of decrees of nullity?

Statistics show that that Catholics in the US total only 7% of the world’s Catholics but 84% of all annulments are in the US.
That shows it is easy to get an annulment in the US and that US Catholics do not try as hard as the rest of the world for couples to work out issues and stay together!
It seems highly likely that many couples collude to make an annulment easier!

Or that they lack the marriage prep and overall exposure to Catholic beliefs before entering into marriage. Having received a sacrament ensures that one is able to work through difficulty. No sacramental grace = much, much harder to work out issues!

 

[steve-b]

The way I understand canon 1099, is that if someone consented to marriage only on the condition that they could always get a civil divorce and dissolve the marriage for what they consider a just reason, the Sacrament was never confered because of this impediment.

Based on this would it not be very easy, for a spouse who truly wants to be released from the marriage, to confess this and receive an annulment decree from the Trubunal?

Canon 1099 explained

Re: canon law
Marriage and annulment

why do annulments take so long

what if the other spouse doesn’t want the annulment

why can a parish priest annul this marriage

can one get an annulment if there spouse refuses

why can’t he get married in the Church if he has an annulment

how can a spouse get remarried in the Church if there was no annulment

 

[Phemie]

JulianN:

What is your evidence for these “careless” and “frivolous” grantings of decrees of nullity?

Statistics show that that Catholics in the US total only 7% of the world’s Catholics but 84% of all annulments are in the US.
That shows it is easy to get an annulment in the US and that US Catholics do not try as hard as the rest of the world for couples to work out issues and stay together!
It seems highly likely that many couples collude to make an annulment easier!

To validly come to that conclusion you’d have to know how many petitions are submitted by Americans vs the total petitions filed in other countries. If Italians file 500 petitions and Americans file 10,000 and they grant 50 of the Italian ones and 1000 of the American ones, they’ve still only granted 10% of the petitions from each country but the Americans still received 95.24% of the petitions granted.

How many Catholics in other countries bother to petition? How many of the Americans who received petitions were non-Catholics wishing to marry in the Catholic Church, folks who had a different understanding of marriage?

 

[JulianN]

That’s faulty reasoning. In the US, more tribunals exist, making decrees of nullity more possible. No collusion required. This is why the pope called for a streamlining of the process—to ensure people have adequate access to the Tribunal.

As others have pointed out, we don’t have the stats on actual percentages granted from other countries for comparison. And the percentage of divorced Catholics who simply don’t bother to file is unknown, but in my experience is high. That’s because it’s not easy.

Additionally, many of those decrees are actually lack of form cases, which obviously don’t count.

 

[Xanthippe_Voorhees]

thistle:

JulianN:

What is your evidence for these “careless” and “frivolous” grantings of decrees of nullity?

Statistics show that that Catholics in the US total only 7% of the world’s Catholics but 84% of all annulments are in the US.
That shows it is easy to get an annulment in the US and that US Catholics do not try as hard as the rest of the world for couples to work out issues and stay together!
It seems highly likely that many couples collude to make an annulment easier!

To validly come to that conclusion you’d have to know how many petitions are submitted by Americans vs the total petitions filed in other countries. If Italians file 500 petitions and Americans file 10,000 and they grant 50 of the Italian ones and 1000 of the American ones, they’ve still only granted 10% of the petitions from each country but the Americans still received 95.24% of the petitions granted.

How many Catholics in other countries bother to petition? How many of the Americans who received petitions were non-Catholics wishing to marry in the Catholic Church, folks who had a different understanding of marriage?

As far as I know America has always been considered a “mission” country. Meaning Catholics never reached a majority in population or leadership. This would deeply impact the views on marriage from day 1.

 

[Xanthippe_Voorhees]

I honestly dont know.

But why the tribunal doesnt tell people the reason is beyond me! Wouldnt they want to prevent another mistake?

Having a child put of wedlock can have severe, long term consequences.

“If I have not love, I am nothing”

Having sex without love and commitment to Christian, indissoluble Marriage is very ugly. I am guilty of it too.

But when i married my wife, i made a promise to God. And even if i make mistakes, I am to turn back from them. But Marriage relies on BOTH spouses to enter by God and to remain by God.

The tribunal typically will require a person expound upon their fault (if there is any) and typically suggest that person seek counseling for it.

What they will not do is disclose such matters to the other spouse. If Dick and Jane were married and Jane gives evidence to the tribunal that she privately held showing Dick thought divorce was OK and she had ignored it, that’s still between Jane and the tribunal, not between Dick and the tribunal. They will ask their own things of him. It’s not a councelling session.

However, pre-marital prep is criminally lacking. My opinion is the church is the very reason there are so many annulments.

 

[thistle]

How many Catholics in other countries bother to petition? How many of the Americans who received petitions were non-Catholics wishing to marry in the Catholic Church, folks who had a different understanding of marriage?

I live in Asia and Catholics here make big efforts for marriages not to break up. That is obviously not the case in the US!

 

[DarkLight]

There’s unfortunately a fairly large population in the U.S. that mostly sees a Catholic wedding as a thing to check off, but doesn’t really have any intent of practicing. There’s also very commonly divorces in the background of converts from protestantism.

It would be interesting to see the background statistics on those applying for annulment.

 

[rcwitness]

There’s unfortunately a fairly large population in the U.S. that mostly sees a Catholic wedding as a thing to check off, but doesn’t really have any intent of practicing. There’s also very commonly divorces in the background of converts from protestantism.

It would be interesting to see the background statistics on those applying for annulment.

I agree.

But just because one is applying for an annulment, doesnt mean they believe they should get one, or that they want one.

It may mean that they want to provide all evidence possible to confirm the Marriage should be assumed valid.

 

[DonnaNoble]

I just want to correct a misconception in your post. A child is not put “out of wedlock” after an annulment.

Canon 1137 say “The children conceived or born of a valid or putative marriage are legitimate.” Canon 1061 says “An invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until both parties become certain of its nullity”. A putative marriage is a marriage is like mine I think. I thought my marriage was a valid sacrament until I found out my ex lied to me and the Church to use me for military benefits and to keep his job (being gay in the military at that time was grounds discharge). Then he left, then the divorce, and then my request to see if I even had a sacramental marriage (I didn’t according to the laws of the Church).

An annulment has no bearing on the status of the legitimacy of the children within the Church. And it certainly does not in the secular legal sense either.

 

[rcwitness]

I just want to correct a misconception in your post. A child is not put “out of wedlock” after an annulment.

Canon 1137 say “The children conceived or born of a valid or putative marriage are legitimate.” Canon 1061 says “An invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until both parties become certain of its nullity”. A putative marriage is a marriage is like mine I think. I thought my marriage was a valid sacrament until I found out my ex lied to me and the Church to use me for military benefits and to keep his job (being gay in the military at that time was grounds discharge). Then he left, then the divorce, and then my request to see if I even had a sacramental marriage (I didn’t according to the laws of the Church).

An annulment has no bearing on the status of the legitimacy of the children within the Church. And it certainly does not in the secular legal sense either.

That was a misspell. It wasnt “put out of wedlock” but simply “having a child out of wedlock”.

 

[acanonlawyer]

The tribunal typically will require a person expound upon their fault (if there is any) and typically suggest that person seek counseling for it.

What they will not do is disclose such matters to the other spouse. If Dick and Jane were married and Jane gives evidence to the tribunal that she privately held showing Dick thought divorce was OK and she had ignored it, that’s still between Jane and the tribunal, not between Dick and the tribunal. They will ask their own things of him. It’s not a councelling session.

However, pre-marital prep is criminally lacking. My opinion is the church is the very reason there are so many annulments.

Whatever testimony a Party (or a witness) gives to the tribunal is to be made available to the other Party (or to both Parties). This general rule admits an exception in particularly grave circumstances but the principle remains: each Party has the right of defense and that right is meaningless if there is no opportunity to know what has been said in the course of the trial.

I’ve seen a couple of people say that they don’t know what the basis of a nullity decision was–I must say I can believe this has happened but it is totally contrary to the way the process is supposed to work. Both Parties are supposed to be fully informed regarding the “grounds” as well as the rationale behind the decision.

Regarding premarital preparation, it could be better here and there but I don’t think it would make a great deal of difference: those who tend to need it the most, take it least seriously. So, even the perfect program would mean little to them.

Dan

 

[FrDavid96]

…

But why the tribunal doesnt tell people the reason is beyond me! Wouldnt they want to prevent another mistake?

…

The answer to your question is rather simple.

The Tribunal does not “tell the people the reason” is because that’s not their role.

The petitioner (the one asking for a declaration of nullity) must approach the Tribunal and provide the reason for the petition in the first place.

The actual reason will usually be printed on the decree, but the Tribunal doesn’t provide the reason, the petitioner provides it.

 

[phil19034]

Please do not post such things! Attitudes like this is why we have so many divorced & remarried Baby Boomers who never applied for an annulment.

Annulments are NOT wrong because they prove the sacrament never took place or was never consummated.

God bless.

 

[rcwitness]

Ok, but people who have actually received a decree of nullity have said they were not told, as if they dont even know.

I think part of the healing would be to understand very well where their marriage failed, as far as the Sacrament is concerned.

Its all part of the struggle our Church has in instructing the faithful. Its a big reason why marriages are falling apart.

Im not unsympathetic of the difficulties of relationships! Im in a separation heading towards divorce now! Not because i want it, but i have no choice but to accept it.

 

[phil19034]

There is God’s law and there is the Church’s law. They do not always coincide.
Let me ask you a question…My parents attained an annulment 25 years after they were married. 25 years? After 25 years and three children, they attained an annulment.
Please explained to me how this is right?
If there is such a thing as sanctity of marriage, then why do we need annulments?
Spin it how you will.

Because they lived together for 25 years without ever being married.

 

[rcwitness]

And why do people do this while being completely ignorrant of the fact that their Sacrament doesnt exist???

I realize its a broad question with many different answers.

But many should know, if they were devoted to the Spirit!!!

Doesnt the Spirit tell us when something is wrong??? Why are so many Catholics going years and years rejecting the Holy Spirit???

Whats wrong with us???

 

[phil19034]

I totally disagree that 99% annulments are granted carelessly in the United States.

The reason there are so many annulments today is because there are a TON of people who get legally married without believing in what marriage is.

If you get married believing “if I’m not happy, I can always get a divorce” then chances are the Sacrament never took hold.

If you get married but don’t believe in your vows, most likely, you’re not sacramental married.

The Bride and Groom perform the Sacrament of Marriage, not the priest. If the Bride or Groom do not believe in the Sacrament and do not have the proper intentions, then it’s quite probable the Sacrament doesn’t take hold.

This is very similar to why Anglicans don’t have valid Holy Orders (before they started ordaining women).

God Bless.

 

[phil19034]

Same reason why only 20% come to mass every week and why only a portion of them believing in everything the Church teaches.

We are a fallen people, living in a post-Christian society that worships Hollywood. And Hollywood is FILLED with deviants.

 

[JulianN]

The reason will be posted on the decree, which both parties receive