Is there a difference between a church annullment and civil annument?

[crohnie4life]

I was wondering if someone could answer this question that some friends asked me regarding annullments. I didn’t have an answer so I figured this was the best place to post.

We understand that a Catholic must obtain an annullment if he/she wishes to date/marry again. What about those who aren’t Catholic or any faith and just married by a JP?

Is there such a thing as a civil annullment (like the one Britney Spears received after being married for 55 hrs in LV by a JP) or are there just Catholic annullments?

thanks for your help. God bless.

 

[puzzleannie]

the Catholic Church considers all marriages valid until proven otherwise, so if a couple obtains a civil divorce they are not free to marry again, in the eyes of the Church. If either party wishes to marry again in the Catholic Church, and they feel the conditions required for a valid marriage were not present at the time of the first marriage (events transpiring after the marriage don’t count) they may apply to the Tribunal of their diocese for a judgment. If after investigation the tribunal finds the conditions for valid marriage were not present, then they issue a decree of nullity, declaring the marriage never happened. It is not a divorce.

A civil annulment has no effect on the validity of the marriage from the Catholic point of view, because the laws may vary by jurisdiction. The marriage would still have to be submitted to the tribunal for investigation, although some of the grounds for a civil annulment might very well invalidate the marriage. An example would be two persons who are too closely related marrying, or marrying under threat of force or violence.

Catholics are also bound by canon law, which does not bind non-Catholics, so if they married outside the Church (meaning in violation of some prescription of canon law) their marriage would be invalid. Examples would be marrying a non-Catholic without a dispensation, having the marriage witnessed by a judge rather than a priest or deacon. These rules do not bind non-Catholics.

 

[crohnie4life]

So then a civil annullment is totally different from a Catholic annullment? Can 2 ppl who aren’t even Catholic (they don’t want to be) just obtain a civil annullment so they can date/remarry in the future?

 

[Animadversor]

So then a civil annullment is totally different from a Catholic annullment? Can 2 ppl who aren’t even Catholic (they don’t want to be) just obtain a civil annullment so they can date/remarry in the future?

Yes.

 

[puzzleannie]

So then a civil annullment is totally different from a Catholic annullment? Can 2 ppl who aren’t even Catholic (they don’t want to be) just obtain a civil annullment so they can date/remarry in the future?

it depends on the law in their jurisdiction. they could only obtain an annulment of the legal grounds prescribed in that state exist. Otherwise they would have to get a civil divorce. you are confusing civil laws on marriage with church laws. In some countries church law has to recognize the existing civil law, but canon law regarding marriage binds Catholics regardless.