Is physical abuse grounds for annulment?

[Ophelia23]

First, please let me note that this question does not pertain to me or my marriage.

I am researching this for a close friend of mine, and having difficulty finding a straight answer. I have encouraged her to visit our priest and speak with him, but she is not ready to take that step just yet. Is physical abuse grounds for annulment in our Faith? I found a good article at eaandfaith.blogspot.com/2006/03/marriage-annulment-grounds-in-catholic.html, but it still does not seem to answer my question. The type of abuse I am referring to is gravely serious physical injury with repeat offenses. Bruised collar bone, broken arm, black eye; it is horrible. Horrible.

Does anybody happen to know?

 

[jilly4ski]

First, please let me note that this question does not pertain to me or my marriage.

I am researching this for a close friend of mine, and having difficulty finding a straight answer. I have encouraged her to visit our priest and speak with him, but she is not ready to take that step just yet. Is physical abuse grounds for annulment in our Faith? I found a good article at eaandfaith.blogspot.com/2006/03/marriage-annulment-grounds-in-catholic.html, but it still does not seem to answer my question. The type of abuse I am referring to is gravely serious physical injury with repeat offenses. Bruised collar bone, broken arm, black eye; it is horrible. Horrible.

Does anybody happen to know?

Generally physically abuse, in and of itself are not grounds for a declaration of nullity. However, if the abuse was occurring before the wedding that could be evidence that either party did not fully and freely consent to the marriage. Or an undisclosed mental disorder on the part of the abuser would be grounds. Or other specific circumstances could make it grounds.

Since a declaration of nullity requires that something was lacking at the time of the wedding, not something that developed later, such abuse could be used as evidence but usually is not grounds per se.

 

[1ke]

It is certainly just cause for physical separation and even civil divorce. The Church’s teaching on this matter is clear:

From the Catechism:
2383 The separation of spouses while maintaining the marriage bond can be legitimate in certain cases provided for by canon law. If civil divorce remains the only possible way of ensuring certain legal rights, the care of the children, or the protection of inheritance, it can be tolerated and does not constitute a moral offense.

From Canon Law:
Can. 1153 §1. If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too diffcult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay.

So, there is no reason for her to delay in removing herself and any children from this situation.

Regarding nullity, that is more complex. Being a bad spouse (including adultery, physical abuse, etc) is not grounds for nullity. A bad person can validly contract marriage. It is unfortunate when this person turns out to be a bad spouse.

That does not mean that there are not other grounds for nullity, and that the abuse could be evidence of other such reasons.

This is not something for which you will be able to obtain a “yes” or “no” answer here or from any priest in the abstract. This would require that your friend, once divorced, sit down with her priest and discuss in detail.

I can suggest the book Annulment: The Wedding That Was by Michael Smith Foster. It may help both you and your friend understand the Church’s teaching.

 

[TheRealJuliane]

First, please let me note that this question does not pertain to me or my marriage.

I am researching this for a close friend of mine, and having difficulty finding a straight answer. I have encouraged her to visit our priest and speak with him, but she is not ready to take that step just yet. Is physical abuse grounds for annulment in our Faith? I found a good article at eaandfaith.blogspot.com/2006/03/marriage-annulment-grounds-in-catholic.html, but it still does not seem to answer my question. The type of abuse I am referring to is gravely serious physical injury with repeat offenses. Bruised collar bone, broken arm, black eye; it is horrible. Horrible.

Does anybody happen to know?

She needs to leave the marriage and get to a safe place. Whatever happens after that, she needs to preserve her life and safety first. Getting away from an abuser is #1. Then you worry about divorce and annulment. Annulment is a side issue in any case until there is a chance for remarriage. Again, urge your friend to get help to get out.

 

[thewanderer]

The reason you can’t find a straight answer is that abuse occuring after marriage is not in and of itself enough for an annulment. An annulment is not like a divorce. It is a declaration the the marriage that everyone thought ocured validly actually wasn’t valid. Abuse occuring in marriage can often be a sign or an effect of something that caused the marriage to be invalid, but if that is the case, the annulment is not granted because of the abuse, it would be granted because the church recognizes that the marriage itself was invalid. I hope that helps.

 

[Catholic1954]

Since annulments are granted on a case by case basis, I would strongly urge your friend to speak with a priest. Even if the abuse is not grounds for one, there may be other circumstances that are; only a priest and the tribunal can say. She certainly has every right to obtain a civil divorce and it would be acceptable to persue one ASAP.

 

[mcrow]

Most cases I know about ( a few) where physical abuse was the cause of seeking the annulment, it was granted.

 

[EasterJoy]

First, please let me note that this question does not pertain to me or my marriage.

I am researching this for a close friend of mine, and having difficulty finding a straight answer. I have encouraged her to visit our priest and speak with him, but she is not ready to take that step just yet. Is physical abuse grounds for annulment in our Faith? I found a good article at eaandfaith.blogspot.com/2006/03/marriage-annulment-grounds-in-catholic.html, but it still does not seem to answer my question. The type of abuse I am referring to is gravely serious physical injury with repeat offenses. Bruised collar bone, broken arm, black eye; it is horrible. Horrible.

Does anybody happen to know?

It is certainly grounds for severing the common conjugal life:
Canon 1153 §1. If either of the spouses causes grave mental or physical danger to the other spouse or to the offspring or otherwise renders common life too diffcult, that spouse gives the other a legitimate cause for leaving, either by decree of the local ordinary or even on his or her own authority if there is danger in delay.

She needs to get out without delay, because there is certainly grave danger in delay. I would go so far as to say she has an obligation to get herself out, just as much as she’d have an obligation to save the life of anyone else in similarly grave danger. She ought not consider herself free to put herself in harm’s way when the possibility of preserving life and limb exists.

The chances are very high that her spouse suffers from a deficiency that prevented a valid marriage, but no one can say that for sure. Even if she knew her marriage to be valid, however, that doesn’t give her room to stick around and be the near occasion of habitual grave sin on his part. Her body and his soul are in grave danger for as long as he has the opportunity to beat her up. He is unlikely to repent if his behavior is tolerated in the least degree. She needs to get out, for both her own sake and for his.

I do not mean to say that I would condemn her for staying. I mean to say that the choice to leave is a morally positive one, and not merely permissible.