More Annulment Questions

[josephdaniel29]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place. Reasons may include defect in intent by one or both parties, imperfect consent etc.

I have two questions. If a couple enters into a marriage with one of the conditions that would render it non-sacramental is it possible for it to become sacramental at a later date? For instance, if the couple was not properly educated at the time of the wedding on the nature of sacramental marriage but through further study became educated several years down the road.

Also, if the Church erroneously finds that a non-sacramental marriage was in fact sacramental and refuses to grant an annulment, if one or both parties goes on to remarry do they commit adultery? Do they sin?

Yours in Christ
Joe

 

[NHInsider]

Joe-

if you receive a sacrament unworthily (except for Eucharist, if the Catholic Encyclopedia is accurate on this point), and then later remove the obstacle, the grace of the sacrament is granted. So yes, the marriage could become sacramentally valid as a result of the maturation or growth in faith of the spouses.

If you marry after being denied a decree of nullity, you would be guilty of disobedience to the Church and marrying outside the Church, which is self-excommunicating. So even if the Church were wrong about the decree and so a remarriage were not adulterous, it would still be sinful.

IMHO, and I’m not a canon lawyer!

 

[athansor]

Can I ask another annulment question here, relevant to my situation (I’m in the middle of the annulment process now)?
Suppose a person is married in the church, then gets a civil divorce, and later drifts away from the Church and remarries in another church. Then they feel drawn to return to the Catholic faith, begin attending mass (but not receiving) and pursue an annulment of the first marriage. What happens to that person if the annulment isn’t granted?
In my case, there were no kids from my first marriage, and my ex has also remarried (he wasn’t/isn’t Catholic) and now my husband and I have two kids. I am hoping and praying that I can be in full communion with the Church soon, but I’m wondering what my options are in the event the annulment is denied.

 

[Texas_Roofer]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place. Reasons may include defect in intent by one or both parties, imperfect consent etc.

I have two questions. If a couple enters into a marriage with one of the conditions that would render it non-sacramental is it possible for it to become sacramental at a later date?

yes

For instance, if the couple was not properly educated at the time of the wedding on the nature of sacramental marriage but through further study became educated several years down the road.

the sacrament is based on unity of the couple no amount of education can increase desire or lack of. Education can certainly assist the couple to grow together, but education cannot make them grow together

Also, if the Church erroneously finds that a non-sacramental marriage was in fact sacramental and refuses to grant an annulment, if one or both parties goes on to remarry do they commit adultery? Do they sin?

Yours in Christ
Joe

The only “finding” is a lack of evidence. No one can remarry, it would be either they attempted a second time to marry or they later actually married. As for adultery I would not attempt to determine that. And yes they did sin by several avenues however that sin maybe forgivable, but I would not call that either. ( you have dissidence, fornication, false witness issues, etc., etc.)

Can I ask another annulment question here, relevant to my situation (I’m in the middle of the annulment process now)?
Suppose a person is married in the church, then gets a civil divorce, and later drifts away from the Church and remarries in another church. Then they feel drawn to return to the Catholic faith, begin attending mass (but not receiving) and pursue an annulment of the first marriage. What happens to that person if the annulment isn’t granted?
In my case, there were no kids from my first marriage, and my ex has also remarried (he wasn’t/isn’t Catholic) and now my husband and I have two kids. I am hoping and praying that I can be in full communion with the Church soon, but I’m wondering what my options are in the event the annulment is denied.

If not granted 1) provide better evidence the first attempt was a good attempt but never materialized into a real marriage. Or 2) live a life of prayer.
hope that helps

 

[neophyte]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place…

No - declarations of nullity are granted on the grounds that a valid marriage never took place.

There are non-sacramental marriages which are valid, for example, a marriage between two non-baptised persons or between one who is baptised and one who is not.

 

[josephdaniel29]

No one can remarry, it would be either they attempted a second time to marry or they later actually married.

I know that. From now on instead of remarry I’ll try to use a more precise term such as “subsequent attempt at a valid, sacramental marriage” or something like that.

Yours in Christ
Joe

 

[tee_eff_em]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place. Reasons may include defect in intent by one or both parties, imperfect consent etc.

The Church investigates and grants decrees of nullity when she finds a *valid *marriage never existed, sacramental or otherwise.

Also, if the Church erroneously finds that a non-sacramental marriage was in fact sacramental and refuses to grant an annulment, if one or both parties goes on to remarry do they commit adultery? Do they sin?

I don’t understand? Do you propose that the Church “discovers” after the fact that one of the parties had been baptized, while at the time of the marriage all parties involved believed he had not been?


tee

 

[josephdaniel29]

I don’t understand? Do you propose that the Church “discovers” after the fact that one of the parties had been baptized, while at the time of the marriage all parties involved believed he had not been?


tee

I have no idea what you are talking about my friend. I didn’t say anything about baptism one way or the other.

Yours in Christ
Joe

 

[neophyte]

I have no idea what you are talking about my friend. I didn’t say anything about baptism one way or the other.

Yours in Christ
Joe

You spoke of sacramental marriage. Sacramental marriages exist only between two baptised persons, in which case tee_eff_em’s question is a reasonable one.

 

[josephdaniel29]

No - declarations of nullity are granted on the grounds that a valid marriage never took place.

There are non-sacramental marriages which are valid, for example, a marriage between two non-baptised persons or between one who is baptised and one who is not.

Alright, I give up. I wish you guys luck!

Yours in Christ
Joe

 

[Spirithound]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place. Reasons may include defect in intent by one or both parties, imperfect consent etc.

I have two questions. If a couple enters into a marriage with one of the conditions that would render it non-sacramental is it possible for it to become sacramental at a later date? For instance, if the couple was not properly educated at the time of the wedding on the nature of sacramental marriage but through further study became educated several years down the road.

Also, if the Church erroneously finds that a non-sacramental marriage was in fact sacramental and refuses to grant an annulment, if one or both parties goes on to remarry do they commit adultery? Do they sin?

Hi Joe,

When investigating an annulment case, the Church is concerned with finding whether a valid marriage has taken place. See, it is possible for a Catholic to marry an unbaptized person validly, but that marriage would not be sacramental. It would become sacramental if the unbaptized person gets baptized.

So I think what you want to ask is whether a marriage that was invalid at the time of the ceremony could become valid later. My answer is no. A sacrament is administered with particular words, intent, and matter. The matter for marriage is a man and a woman, the words are the exchange of consent, and the intent is about what you indicated in your first paragraph.

If the sacrament was not valid on their wedding day because of a lack of intent, they would need to give their consent again at a later date, with the correct intent for their invalid “marriage” to become a real, valid marriage.

I hope this helps

 

[josephdaniel29]

Hi Joe,

When investigating an annulment case, the Church is concerned with finding whether a valid marriage has taken place. See, it is possible for a Catholic to marry an unbaptized person validly, but that marriage would not be sacramental. It would become sacramental if the unbaptized person gets baptized.

So I think what you want to ask is whether a marriage that was invalid at the time of the ceremony could become valid later. My answer is no. A sacrament is administered with particular words, intent, and matter. The matter for marriage is a man and a woman, the words are the exchange of consent, and the intent is about what you indicated in your first paragraph.

If the sacrament was not valid on their wedding day because of a lack of intent, they would need to give their consent again at a later date, with the correct intent for their invalid “marriage” to become a real, valid marriage.

I hope this helps

Yes, it was straightforward and easy to understand. Thank you.

Yours in Christ
Joe

 

[mardukm]

Can I ask another annulment question here, relevant to my situation (I’m in the middle of the annulment process now)?
Suppose a person is married in the church, then gets a civil divorce, and later drifts away from the Church and remarries in another church. Then they feel drawn to return to the Catholic faith, begin attending mass (but not receiving) and pursue an annulment of the first marriage. What happens to that person if the annulment isn’t granted?
In my case, there were no kids from my first marriage, and my ex has also remarried (he wasn’t/isn’t Catholic) and now my husband and I have two kids. I am hoping and praying that I can be in full communion with the Church soon, but I’m wondering what my options are in the event the annulment is denied.

Did you get a dispensation from the impediment of cult when you first got married (since your ex was not a Catholic?). If not, that would be grounds for annulment. Was your ex a baptized Christian? If not, you can get a dispensation through the Pauline privilege. Why didn’t you have kids? If you went into the marriage not intending to have kids, then I believe that would be grounds for annulment. You don’t have to answer my questions - they are just rhetorical - for you to ponder over.

One of the conditions for an annulment is agreement from both parties, and that one seems like its in the bag (since your ex has already remarried).

Blessings,
Marduk

 

[1ke]

So I think what you want to ask is whether a marriage that was invalid at the time of the ceremony could become valid later. My answer is no.

The Church’s answer is yes.

Only in some cases would the couple have to give new consent in the external forum. Other cases do not require this. See here:

vatican.va/archive/ENG1104/__P46.HTM

 

[1ke]

I understand that the Church grants annulments on the grounds that a sacramental marriage never in fact took place. Reasons may include defect in intent by one or both parties, imperfect consent etc.

This is partially correct.

The Church will declare an attempt at marriage (called a putative marriage) to be invalid if there was a defect in consent or intent when the were exchanged or if an impediment existed.

The finding has nothing to do with sacramentality, but rather with validity. This may be confusing to you because the Orthodox Churches do not allow marriages to the unbaptized. The Catholic Church will, by dispensation. The Church also examines marriages of non-Catholics who desire to become Catholic or marry a Catholic-- and these people may or may not be baptized.

A marriage between the unbaptized, or between a baptized and unbaptized person, is called a natural marriage. It can be valid (ie, no defects or impediments) but it is not a sacrament. Marriage is only a sacrament between two baptized persons.

I have two questions. If a couple enters into a marriage with one of the conditions that would render it non-sacramental is it possible for it to become sacramental at a later date?

Rewording your question, “If a couple enters into a marriage with one of the conditions that would render it invalid is it possible for it to become valid at a later date?”

Yes.

The details of how depend upon why the marriage was invalid.

vatican.va/archive/ENG1104/__P46.HTM
vatican.va/archive/ENG1104/__P47.HTM

I have two questions. If a couple enters into a marriage with one of the conditions that would render it non-sacramental is it possible for it to become sacramental at a later date?

OK, now answering the question you really didn’t intend to ask, can a marriage that is not a sacrament become a sacrament? Yes.

A natural marriage exists between two unbaptized persons or one baptized/one unbaptized person. Upon the baptism of the unbaptized parties the natural marriage becomes a sacrament. As the Church teaches, marriage between the baptized is-- by its very nature-- a sacrament.

So, the baptism of the unbaptized party is what makes a natural marriage become a sacrament.

For instance, if the couple was not properly educated at the time of the wedding on the nature of sacramental marriage but through further study became educated several years down the road.

This is not an example of an invalid marriage. Knowledge or ignorance of the sacrament does not impact validity.

Also, if the Church erroneously finds that a non-sacramental marriage was in fact sacramental and refuses to grant an annulment, if one or both parties goes on to remarry do they commit adultery? Do they sin?

(replacing “non-sacramental” and “sacramental” with invalid and valid…)

Yes, this couple would be committing the sin of adultery and the commit the sin of marrying outside the Church, and they commit the sin of disobedience to the Church.

 

[1ke]

What happens to that person if the annulment isn’t granted?

In this case, the person will have some very serious decisions to make. This person cannot continue conjugal relations with their current spouse, because of course if nullity is not determined that person isn’t really their spouse.

In cases where children are not in the situation, the couple would be called to separate. But, when there are children often times the pastoral counsel will be to remain together but live celibately. This would be necessary until the first spouse dies or unless new evidence came to light which would give another avenue for a nullity case.

Don’t put the cart before the horse. Take it one day at a time. Trust in the counsel of your priest.

 

[josephdaniel29]

This is partially correct.

The Church will declare an attempt at marriage (called a putative marriage) to be invalid if there was a defect in consent or intent when the were exchanged or if an impediment existed.

The finding has nothing to do with sacramentality, but rather with validity. This may be confusing to you because the Orthodox Churches do not allow marriages to the unbaptized. The Catholic Church will, by dispensation. The Church also examines marriages of non-Catholics who desire to become Catholic or marry a Catholic-- and these people may or may not be baptized.

A marriage between the unbaptized, or between a baptized and unbaptized person, is called a natural marriage. It can be valid (ie, no defects or impediments) but it is not a sacrament. Marriage is only a sacrament between two baptized persons.

Rewording your question, “If a couple enters into a marriage with one of the conditions that would render it invalid is it possible for it to become valid at a later date?”

Yes.

The details of how depend upon why the marriage was invalid.

vatican.va/archive/ENG1104/__P46.HTM
vatican.va/archive/ENG1104/__P47.HTM

OK, now answering the question you really didn’t intend to ask, can a marriage that is not a sacrament become a sacrament? Yes.

A natural marriage exists between two unbaptized persons or one baptized/one unbaptized person. Upon the baptism of the unbaptized parties the natural marriage becomes a sacrament. As the Church teaches, marriage between the baptized is-- by its very nature-- a sacrament.

So, the baptism of the unbaptized party is what makes a natural marriage become a sacrament.

This is not an example of an invalid marriage. Knowledge or ignorance of the sacrament does not impact validity.

(replacing “non-sacramental” and “sacramental” with invalid and valid…)

Yes, this couple would be committing the sin of adultery and the commit the sin of marrying outside the Church, and they commit the sin of disobedience to the Church.

Now I understand the terminology (I think). Thank you for taking the time to explain.

Yours in Christ
Joe