S
samaritana
Guest
What does it mean for the church to grant the annulment of the sacrament of marriage upon request? Does it mean that in the eyes of the church that marriage never took place?
Essentially. What mswood said is correct, the marriage was null, it didn’t happen in the eyes of God. We know that a valid marriage can never be dissolved. A spouse can die and the marriage ends, but if both are still alive and the marriage was valid, then marriage is alive as well.What does it mean for the church to grant the annulment of the sacrament of marriage upon request? Does it mean that in the eyes of the church that marriage never took place?
Yes.So then, the marriage never took place in the eyes of God, because it was missing something necessary since the beginning?
the Church does not “grant an annulment” in the sense of voiding a valid marriage, that can never happen. What the Church does do is investigate the circumstances surrounding the marriage at its inception in a logical, legal, thorough manner and render a judgment on whether or not it was valid. What we call “annulment” is really a “decree of nullity” which declares the legal judgment that a valid marriage never existed in this case. We do not “request” an annulment, we request the canon law tribunal of our diocese to investigate the matter and provide sufficient information for that investigation to proceed. It is not a given, it is not automatic no matter what the circumstances.What does it mean for the church to grant the annulment of the sacrament of marriage upon request? Does it mean that in the eyes of the church that marriage never took place?
The Church may dissolve marriages under the Pauline Privilege or the Petrine Privilege.We know that a valid marriage can never be dissolved.
I’m so glad you put that list there, is that an “official” list?
Let’s just say that those 5 items are the things that will be looked at and that you will be asked by the priest when you approach him to get married. There are many things besides a previous marriage that could mean one is not free to marry – too close blood kinship, for example, or a previous vow of celibacy by which one is still bound.
I’m still learning all the “rules”, and the whole idea of annulment is still pretty strange to me.
So, if they get married but don’t want kids it’s not a sacrament? (did I read that right?)
It’s one of the questions asked of each couple during the prenuptial investigation and during the actual ceremony. Having no intention of ever having children if one is capable renders a marriage invalid.
I don’t know why someone would want to get married and not have kids (I don’t have any yet, but not for lack of wanting them.)
I know that one couple who were married in our parish a few years ago answered ‘NO’ during the ceremony. Afterward, the priest commented to the seminarian who was assisting him that he should have stopped the ceremony at that point but was so caught off-guard that he finished it and the couple went on their merry way.
And, I didn’t think someone could be married again if their spouse had passed away…in that case is the marriage annuled (I don’t understand why it would be), and is there a time limit on how long they have to wait to remarry? <–that sounds wierd, but I know people who have quickly married a long-time friend just months after their spouse passed and are truely happy…so just curious.
Marriage ends with the death of one of the partners. There is no ‘time limit’ that one has to wait to remarry, just like there is no specific time limit on mourning.
Looking at parish records from the early 1900s it’s not unusual to see 4 or 5 babies baptized followed by the tragic death of the mother and the subsequent quick remarriage of the father who needed someone to help him raise the family. I discovered that when my parish published the registers from 1848-1920 as an anniversary project. I recall saying to my dad as I read those records, “I see family X just had the mom die giving birth to her 6th child – wonder how long before Mr. X remarries? Oh, here we are, it’s been 3 months and he’s marrying a 17 year old.”
A valid, consummated, sacramental marriage can never be dissolved.We know that a valid marriage can never be dissolved.
Good clarification.A valid, consummated, sacramental marriage can never be dissolved.
A valid, unconsummated sacramental marriage can be dissolved.
A valid natural marriage can be dissolved.
Which is why, though he left and remarried (civily - since he was never a Catholic) my husband and I are STILL married in the eyes of God.A valid, consummated, sacramental marriage can never be dissolved.
For Catholics then there is also the requirement of proper form.Yes.
You see, for a valid marriage to take place the parties have to
If any of these are missing the marriage is invalid. That can’t simply be assumed which is why the petitioner has to give testimony and provide witnesses. The Tribunal assesses the testimony that is presented and rules based on that.
- be free to marry (IOW, no previous marriage that didn’t end with the death of the other party or an annulment);
- freely consent (no parent pushing to have a pregnant daughter get married, for example);
- understand and agree that it is really ‘until death’;
- intend to have children if that’s possible;
- intend to be faithful.
True, but a marriage celebrated without the proper form is not presumed valid and no decree of nullity is granted in that case. It’s simply paperwork which, depending on the diocese, does not even have to go to the Tribunal. No witnesses, no long interview, just “Here’s a copy of the actual registration of marriage showing where I was married and who the officiant was, here’s my new Certificate of Baptism showing no marriage, here are my divorce papers.”For Catholics then there is also the requirement of proper form.
I’m confused now or may be just stupid. First, let me check: I’m not trying to be pedantic but can I just clarify by “proper form” we’re meaning “canonical form”?True, but a marriage celebrated without the proper form is not presumed valid and no decree of nullity is granted in that case. It’s simply paperwork which, depending on the diocese, does not even have to go to the Tribunal. No witnesses, no long interview, just “Here’s a copy of the actual registration of marriage showing where I was married and who the officiant was, here’s my new Certificate of Baptism showing no marriage, here are my divorce papers.”
I’m confused now or may be just stupid. First, let me check: I’m not trying to be pedantic but can I just clarify by “proper form” we’re meaning “canonical form”?
Yes, canonical form.
“… but a marriage celebrated without the proper form is not presumed valid …” I was under the impression that the Church viewed all marriages as valid until a Tribunal determined otherwise.
No. A Catholic’s marriage is not presumed valid if canonical form has not been followed without a dispensation to allow that.
“… no decree of nullity is granted in that case.” I thought a decree of nullity was required for any invalid marriage.
A decree of nullity says that a marriage that had been presumed valid has been proven not to be.
Since the marriage of a Catholic who didn’t follow canonical form without a dispensation is not presumed valid, such a case is administrative only. While many, if not most, dioceses will still submit all the documentation to the Marriage Tribunal, there is no ‘decree of nullity’ since they had been no presumption of validity. The priest preparing a couple for marriage will sometimes do all this documentation himself, as long as his bishop allows it.
I’m beginning to think I should steer clear of marriage issues. I seem to get more confused rather than better informed.
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.No. A Catholic’s marriage is not presumed valid if canonical form has not been followed without a dispensation to allow that. … such a case is administrative only.
If Mr. Smith had done what Catholics are supposed to do, he and his fiancée would have approached his pastor, done all the paperwork and the marriage preparation that was required and his pastor would have contacted the Bishop for a dispensation from Canonical form.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.
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.Which is why, though he left and remarried (civily - since he was never a Catholic) my husband and I are STILL married in the eyes of God.
Bet that would drive him, his “wife” and his entire liberal family bonkers if they had any understanding!![]()