Is this grounds for a anullment?

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DaMaMaXiMuS

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My friend of mine is separated from her husband due to a horrible thing her husband did. He was molesting 2 of their 3 daugthers. She really has nothing but hate for this guy. I know she’s catholic, not sure about him or whether their marriage was a catholic one or not.

But hyperthetically speaking, let’s say their both believing catholics and their marriage is a valid and sacramental one. Would what her husband committed be grounds for an anullment?

I ask this question on “Ask an Apologist” several days ago, but no response.

Thanks,

Nelson
 
I’m not sure of grounds for an annullment. Sure sounds like grounds for a divorce though. Was this guy reported to the authorities? Child molestation is a crime.
 
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DaMaMaXiMuS:
But hyperthetically speaking, let’s say their both believing catholics and their marriage is a valid and sacramental one. Would what her husband committed be grounds for an anullment?
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By itself, no. Definitely not. Nothing you do after the wedding can make the marriage invalid.

If he had the intention of molesting children, or otherwise pursuing venereal pleasure apart from his wife at the time he entered the marriage, then there may be grounds for an annulment.
 
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DaMaMaXiMuS:
My friend of mine is separated from her husband due to a horrible thing her husband did. He was molesting 2 of their 3 daugthers. She really has nothing but hate for this guy. I know she’s catholic, not sure about him or whether their marriage was a catholic one or not.

But hyperthetically speaking, let’s say their both believing catholics and their marriage is a valid and sacramental one. Would what her husband committed be grounds for an anullment?

I ask this question on “Ask an Apologist” several days ago, but no response.

Thanks,

Nelson
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I’ll only answer generallly. This has to be discussed by your friend with her parish priest. No one here can have access to all the details. We have varying backgrounds in Church law. None of us is a Church tribunal that is competent to evaluate the case and render a decision. We do best by being general, praying for your friend, and encouraging you to continue to support her as you have. And I say those things as a canon lawyer who works full time in a tribunal.

The action itself is not a ground of nullity. It is also true that the cause of nullity of marriage must be present at the time of consent and could not be something later.

However actions after the wedding can be reflective of pre-existing conditions that were present at the time of consent. This is the established and approved jurisprudence of the Roman Rota.

The molestation of children generally signifies an underlying psychological anomaly or condition that was present from childhood to adolescence. Since the good of children is one of the essential elements of marriage, it is an essential obligation of marriage. Canon 1095, no. 3 provides that those who are not able to assume the essential obligations of marriage for causes of a psychic (i.e. psychological) nature are not capable of contracting marriage validly.

Again, I say this only by way of general information so that you know what is generally possible Everything depends on taking this to the tribunal and the determination can only be made there. I am merely encouraging your friend to take the first steps by meeting with her parish priest.
 
Everyone’s (name removed by moderator)ut is immensely appreciated, thank you. And Cameron thank you for pointing out some hopefully possibilities, I fully understand that my friend still needs to go to a tribunal where the matter can be more indeptly investigated.

Thanks again,

Nelson
 
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DaMaMaXiMuS:
But hyperthetically speaking, let’s say their both believing catholics and their marriage is a valid and sacramental one. Would what her husband committed be grounds for an anullment?
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According to this hypothetical situation, NO, absolutely not.

If their marriage WAS sacramental, then it cannot be anulled. Because an anullment means that the marriage existed, but NEVER WAS sacramental. A sacramental marriage, by it’s very definition, cannot be annuled. Only a non-sacramental marriage can.

But that’s just your hypothetical situation…the actual scenario could be much more complicated, which is precisely why the Church would need to perform an investigation to determine wheter or not a sacramental marriage had indeed taken place.
 
A genuinely valid marriage cannot be annulled. A declaration of nullity is a judgment that the marriage was not a marriage, per se.
 
Personally, I would deal with the police first as there are children involved. Secondly a good divorce attorney, and then the Church. Not to offend anyone, but were it me and my kids…the Church would just have to understand.
~ Kathy ~
 
grounds for annulment concern circumstances existing at the time of the marriage, not events that happened after the wedding. However actions by one of the parties after the marriage may shed light on those pre-marital circumstances, proper disposition for the sacrament, and capacity to give full free will consent. They will be taken into account by the tribunal investigation in that light. There is absolutely no way for anyone on this forum to give accurate helpful information about a specific marriage case. That is why we have pastors and canon laws, and tribunals to make judgement about specific cases.

One of the parties must see their pastor about counselling on how to proceed in this matter.
 
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Katie1723:
Personally, I would deal with the police first as there are children involved. Secondly a good divorce attorney, and then the Church. Not to offend anyone, but were it me and my kids…the Church would just have to understand.

~ Kathy ~
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there is nothing for the Church to “have to understand” as that is probably the type of counselling that would be offered by a good pastor. In any case the marriage would probably not even be considered by the tribunal until the civil divorce was complete. the entire fabric of Church teaching and canon law about marriage is for the spiritual well-being of the couple and the children.
 
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