marriage annulment

[Friar_David_O.Carm]

And this is why it was important for my husband and I for his previous marriage to be annulled. Now I understand that in the eyes of God, he has had no other wife but me. And I bet that drives his “ex-wife” bonkers, specially since she cannot marry in the Catholic church again.

If your husband receives a declaration of annullment then his ex-wife will be free to marry in the Catholic Church.

 

[samaritana]

If your husband receives a declaration of annullment then his ex-wife will be free to marry in the Catholic Church.

Thank you for clarifying. Serves me right for listening to rumors. My husband was granted an annulment a few years back and we were able to marry in the Catholic church. But family members said his ex-wife was upset because she could not do the same due to the circumstances by which the annulment was granted.

 

[EvelynEVF]

If your husband receives a declaration of annullment then his ex-wife will be free to marry in the Catholic Church.

Except sometimes for serious reasons the Church can declare that a party not be allowed to be married in the Church, at least not without taking some measures to correct the deficiency that was there in the first place, right? Like in the case of a mental illness or whatnot. I have heard second-hand of people who would have been required to get heavy-duty therapy and extra-long pre-Cana.

 

[joandarc2008]

Except sometimes for serious reasons the Church can declare that a party not be allowed to be married in the Church, at least not without taking some measures to correct the deficiency that was there in the first place, right? Like in the case of a mental illness or whatnot. I have heard second-hand of people who would have been required to get heavy-duty therapy and extra-long pre-Cana.

I have been told that most likely my soon-to-be-ex will have some kind of impediment placed on him in the future. There are serious mental health issues and documented history of witholding them - these also including the molestation of minor children and abuse of women. These would be the types of serious cases I believe they mean. I was glad this was explained - otherwise I was considering not going for the anullment and staying celibate in order to at least protect Catholic women that would keep their marriages limited to the Church. I will be trusting God and the tribunal on this one.

 

[puzzleannie]

And this is why it was important for my husband and I for his previous marriage to be annulled. Now I understand that in the eyes of God, he has had no other wife but me. And I bet that drives his “ex-wife” bonkers, specially since she cannot marry in the Catholic church again.

if the marriage was declared null both parties are free to marry again.

 

[Vico]

That seems straightforward enough. Can I presume that in such cases it would have to be a known fact that the dispensation had not been applied for. Let me try and given an example of what I mean. Let’s say Mr and Mrs Smith were married 20 years ago. They were married in a Methodist church because Mrs Smith is a Methodist and as the bride she wanted to get married in her church. Mr Smith is a Catholic and he didn’t apply for a dispensation from canonical form. They have just got divorced. Mr Smith wants to remarry but he knows it would be wrong to do so unless he gets his first marriage annulled by the Church. What if everyone has forgotten about him not applying for the dispensation. Would this start off by going through the Tribunal but when it became apparent that Mr Smith hadn’t applied for dispensation the matter would be turned over to the administrative procedure from the judicial process.

There is a subtlety here. The canon is:

Can. 1060 Marriage enjoys the favour of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven.
So if there is any doubt, it is assumed valid. Once paperwork is presented – the marriage certificate (proves who married the couple) and baptisimal certificate (to prove Catholicity and would also show dispensations/permissions) – there will be no doubt that due to lack of form, it was only an attempted marriage.

 

[joandarc2008]

if the marriage was declared null both parties are free to marry again.

Not in all cases - the Tribunal may place impediments on individuals in severe cases such as extra long pre-Cana counseling, therapy, or permament impediments.

 

[puzzleannie]

Not in all cases - the Tribunal may place impediments on individuals in severe cases such as extra long pre-Cana counseling, therapy, or permament impediments.

yes that is true but this poster seemed to assume her husband’s ex-wife is still bound by the marriage. If the impediment was one of natural law it may be permanent.

 

[joandarc2008]

yes that is true but this poster seemed to assume her husband’s ex-wife is still bound by the marriage. If the impediment was one of natural law it may be permanent.

OK, my apologies I was switching back and forth between forums.

 

[Vico]

yes that is true but this poster seemed to assume her husband’s ex-wife is still bound by the marriage. If the impediment was one of natural law it may be permanent.

Some examples of natural impediments (they cannot be dispensed with): defective consent (including psychological immaturity or mental incapacity), physical capacity for consummation is lacking, relationship in direct ascending or descending line.

 

[samaritana]

yes that is true but this poster seemed to assume her husband’s ex-wife is still bound by the marriage. If the impediment was one of natural law it may be permanent.

I have not stated that my husband’s ex-wife is still bound by the marriage. It doesn’t make sence for her to still be bound to the marriage but my husband is free to marry. Both are “unbound” from the marriage, but an impedement was placed on her.

Now I am learning that the impedement could be either temporay or permanent. I know of a case where, after an annulment was given, an (name removed by moderator)edement twas placed on the ex-husband, and it was permanent.

For this reason, I assumed such (name removed by moderator)edements were permanent.

 

[catsrus]

originally posted by samaritana
And I bet that drives his “ex-wife” bonkers, specially since she cannot marry in the Catholic church again.

Yes she can.
And if her marriage went the way of mine, I feel for her.
I hope the tone of your post was not as it seemed.

 

[Friar_David_O.Carm]

I have not stated that my husband’s ex-wife is still bound by the marriage. It doesn’t make sence for her to still be bound to the marriage but my husband is free to marry. Both are “unbound” from the marriage, but an impedement was placed on her.

Now I am learning that the impedement could be either temporay or permanent. I know of a case where, after an annulment was given, an (name removed by moderator)edement twas placed on the ex-husband, and it was permanent.

For this reason, I assumed such (name removed by moderator)edements were permanent.

Not all impedements placed are permanent. From talk with a priest who has served on a tribunal they seldom place permanent impedements but they may seem permanent if the person in question refuses to attend any required counseling or other requirements.

I do know of a couple that was granted an annullment but due to the lack of a true understanding of marriage on both parts both of them have the permanent impediment that they may never marry within the Church again.

But without knowing the specifics of this case we really can not comment and this is sort of gossip.