Marriage and Baptism

[Br.Rich_SFO]

An Annulment is granted or denied on facts, not on wishes or feelings. The Tribunal really does not care what people think. It makes it’s decision based on evidence presented to it.

 

[Catholic2003]

WantsToKnow:

So what is the definition of invalid? Divorced?

A marriage is invalid if there was some defect, present at the time of the marriage ceremony, that prevented a valid marriage from being created. From HOW CAN A MARRIAGE BE DECLARED NULL? by Rev. Michael Smith Foster, J.C.D.:

The law declares that marriage is brought about (c. 1057) through: (1) the consent of the parties (the bride and groom), (2) legitimately manifested, (3) by those qualified according to the law (again, the bride and the groom). So, if the consent was defective - marriage was NOT brought about. If the consent was NOT legitimately manifested - marriage was NOT brought about. If one or both of the persons was unqualified according to law - the marriage was NOT brought about. Each of these three concepts will be addressed fully.

 

[WantsToKnow]

This is exactly my point. Most people meet all these conditions when they get married. They consent, it’s not illegally, and they both qualify. Most don’t get married expecting to divorce; they change their minds later, and that shouldn’t qualify as a defect at the start. If the “facts” don’t nullify a marriage according to the rules, then how can the Tribunal grant an annullment? They do, and so it’s basically the same as a divorce.

 

[Br.Rich_SFO]

WantsToKnow:

This is exactly my point. Most people meet all these conditions when they get married. They consent, it’s not illegally, and they both qualify. Most don’t get married expecting to divorce; they change their minds later, and that shouldn’t qualify as a defect at the start. If the “facts” don’t nullify a marriage according to the rules, then how can the Tribunal grant an annullment? They do, and so it’s basically the same as a divorce.

If you have ever read Annulment case studies from Tribunals. You would be supprised at the facts that come to light and make or break a case. I have read many and it goes like this. Based on this, and this, and this, I think that the Marriage is or is not valid. Then I read the Tribunals decision. I sit there thinking why didn’t I see that or how did I miss that. It really is not a cut and dry as you would think.