Question about annulments

[coco2]

What situations do the Church allow annulments? From my understanding, conditions have to be such that the marriage was not sacramental. What are these conditions? I am assuming pregnancy is one of them. Now, here is my question:

One couple has been married 10 years. They have 2 children, but she was pregnant when they married. They want to divorce and be able to remarry. They are given an annulment because of the pregnancy. This means the marriage was not ever legitimate?

Another couple have been married 25 years. The woman was pregnant with baby #1 when married. They have 6 kids, raised their children Catholic, remain committed to each other and God all these years. They have no intention of ever breaking their vows. Are they truly married?

How can the Church deem one couple not married because of pregnancy before the wedding without also saying that ALL couples who were married when pregnant are not really married in the eyes of God.

If the Church says that these marriages are not legitimate, why are they marrying people who are pregnant???

 

[Trishie]

You will find that pregnancy wouldn’t have been the intrinsic issue with the couple who received an annulment. The reasons would have involved other issues, including pre-existing psychological impediments. Pre-existing pregnancy isn’t of itself a cause for invalidity of a marriage.

 

[JimG]

What situations do the Church allow annulments? From my understanding, conditions have to be such that the marriage was not sacramental.

The question is not whether a marriage was sacramental, but whether it was valid.

Did the couple, at the outset of their marriage, intend a permanent, faithful, marriage which was open to life? Did they have the capacity to enter into a marriage?

I’m not a marriage canonist, so that’s about all I will say. Pregnancy in itself is, as far as I know, neither an impediment to marriage, nor a definite indication of invalidity.

 

[Corki]

A tribunal looks at many things when they investigate a marriage. If the woman was pregnant at the time of the marriage it may be a factor that points to a lack of full consent which is one of the grounds for a marriage to be found null. She *may *have felt pressured into the marriage, the husband *may *have been pressured, etc… But not every marriage with a pregnant bride is without full consent.

In my diocese they do not perform marriages if the bride-to-be is pregnant. They recommend counseling and to get married after the birth if they still feel the same.

 

[1ke]

What situations do the Church allow annulments? From my understanding, conditions have to be such that the marriage was not sacramental. What are these conditions?

A decree of nullity means that the marriage was not valid.

A marriage can be valid without being a Sacrament when it involves an unbaptized person. So, while marriages between two baptized persons are always a Sacrament if they are valid a valid marriage can exist without being a Sacrament.

There are a number of impediments to a valid marriage, these are listed in Canon Law. In addition to an impediment, there could also be a defect of intent or consent. This is also encoded in Canon Law.

For a full treatment of the concept of nullity, I recommend you read the book Annulment: The Wedding That Was by Michael Smith Foster.

I am assuming pregnancy is one of them.

Pregnancy is not an impediment nor grounds for a decree of nullity. It could be evidence of an underlying defect in consent if the person did not enter the marriage freely-- for example if they were pressured or compelled to “do the right thing” even though they did not want to get married.

One couple has been married 10 years. They have 2 children, but she was pregnant when they married. They want to divorce and be able to remarry. They are given an annulment because of the pregnancy. This means the marriage was not ever legitimate?

They would not be “given” an annulment. The Church doesn’t “annul” anything. The Church can investigate a marriage and determine if there was a defect or impediment when the vows were exchanged. If there was such a defect or impediment, they then investigate whether it still exists or if it was corrected. If the marriage is found to be null, that means it was not valid from the beginning.

In your example, the marriage would not be declared null “because” of a pregnancy. The pregnancy may be an indicator of a lack of free will. This would all be examined through the tribunal process.

Another couple have been married 25 years. The woman was pregnant with baby #1 when married. They have 6 kids, raised their children Catholic, remain committed to each other and God all these years. They have no intention of ever breaking their vows. Are they truly married?

Certainly.

How can the Church deem one couple not married because of pregnancy before the wedding without also saying that ALL couples who were married when pregnant are not really married in the eyes of God.

Because a marriage found to be null is not found to be so because of pregnancy, as I already mentioned.

Going back to your examples, perhaps it is found that couple #1 married under duress. Perhaps the woman’s parents threatened to throw her out in the street if she did not get married immediately. Maybe she had already had second thoughts about the man and didn’t think she wanted to marry him but given the choice of marrying him or getting kicked out into the street she chose marriage. In a case like this the tribunal might find there was a defect of consent because she was coerced to marry and find the marriage to be invalid.

In your second example, perhaps the couple was already committed to marriage and when they found out they were pregnant they simply moved up the time table. No one coerced them, they did not feel they “had” to get married. They entered the marriage freely and gave valid consent. This marriage is valid.

If the Church says that these marriages are not legitimate, why are they marrying people who are pregnant???

The Church does not state such a marriage is not legitimate. You wrongly believe that pregnancy invalidates marriage. It does not.