I’m talking about some authority investigating marriages, a post Cana as it were, to see if the marriages were valid. Under the present system, and present Latin canon law, annullments are limited to only those who want to get their marriages annulled.
Sure because all Catholic marriages are assumed valid unless something arises later to call into question the validity.
To make this crystal clear: not all divorced couples have their marriages annulled, but ALL annulled marriages have ended in divorce.
You cant introduce the terms “divorce” to the case of annulments because you are talking about different things. A divorce could only ever happen on the civil level,
and that has no bearing in God’s eyes on the Sacramental nature of the marriage.
Why is that? If whether a marriage is invalid or not does not depend on what the couple wants, why should the jurisdiction of the marriage tribunal attach only when the couple wants it to? If, for some reason, someone finds out that the bride, for instance, tricked her boyfriend into marrying her by saying she is pregnant, or he married her in the secret hope that her bachelor uncle’s fortune would be willed her way: why can’t this third party go and intervene with this knowledge and have the marriage annullled? Why should the subsequent fact that their motives and means at the time of marriage may have been fraudulent, but with time they really have fallen in love, matter? After all, annulllment depends only on what was the circumstances at the time of marriage, not the years of validation that follow.
A person CAN want and seek to see if their marriage can be annulled (checked and found invalid) if something arises to question the validity. What they have no control over is the facts, if it is found valid then they are bound regardless of what they want.
Im not sure about the third party thing, and that is questionable considering he has to judge the person’s heart subjectively. So given that I would say the most a third party could do is bring up the issue, but it would have to be one of the spouses that initiate the inquiry into an annulment.
As for the people falling in love later on, that doesnt change anything because the marriage was invalid to begin with.
yes, and NO marriage appears in the tribunal unless the couple (or at least one) doesn’t feel like adhering to.
If one spouse suspects problems they can have the Church look into it, that is fine, that however does not change the fact the spouse has no control over the facts.
Under all the rules of the tribunal I’ve seen, if the secular authorities won’t grant a divorce, you can’t start the anullment process. Soooo, how you going to find out if your marriage is valid or invalid.
That is a totally separate subject and just leading towards more confusion here. The Church is never ever bound by what secular authorities do, if secular authorities all of the sudden forbade civil divorce that does not mean the Church cant determine if a marriage was invalid or not.
Btw, what if the couple thinks their marriage MIGHT be invalid. Does the tribunal take the case just to be sure, if the couple have every intention of staying together, and “regularizing” it?
I dont know the answer, a tribunal might not even be necessary if they have the intention to stay together, in that case I would assume there would be a regularization process, similar to a conditional Baptism.
No, as I pointed out, they only deal with contracts that have already been torn up. If they could independently examin ANY contract (in contract law, an intervenor can do so to examin the validity of any contract), then you would have a point.
You are setting up a false characterization of putting the civil authorities one step above the Church and I dont have the time or energy to keep correcting you.
That is why divorce does not equal marriage.
Divorce equals deliberately severed marriage. And in Scripture and Tradition divorce equals grave sin.
What of all those anullments overturned by the Rota?
I dont know what Rota is, but I would guess it is a higher authority in the Church. If I am right then the higher authority’s ruling takes precedence.
It would be very similar to an ordination that a bishop later claimed was invalid but then a Patriarch came in and looked over the issue and said was valid, in that case the Patriarch’s claim overturns the original Bishop’s claim.
Thats fine, I just wanted to clear up the fact excommunication means something very different.
Further, I have yet to see convincing reasoning why the “innocent” party must undergo a penance for something they are not guilty of, that doesnt make sense.
(cont)