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Actually, it comes directly from a Canon lawyer.I think not. Civil divorce does not end a valid marriage. There are valid reasons why a couple may no longer cohabitate, adultery being one of them. However the 2nd problem is she didn’t commit adultery after the marriage according to your, now, somewhat beginning-to-unravel-as-possible-real-life scenario. So no Canon lawyer is going to let that hidden crossed fingers behind the back card play (even if the father was still alive to testify) if the wife was a good girl that way and she left him for other reasons.
The legal presumption on the wedding day is that the person wills what he or she says. Common sense dictates that the person mean the vows they puiblicly exchange. Canon 1101.1.
However, if a person excludes an essential element or property of the marriage on the day of the wedding, then that person’s consent is defective and the marriage is invalid. Canon 1101.2.
This scenario focuses on an intention against a property of a marriage, namely perpetuity, a lifelong commitment. Canon 1056.
Due to space, I have not detailed every last part of the issue, but that is what I am positing - someone who on the wedding day makes a statement (and most people do not know Canon law who have an issue against perpetuity and so don’t make “law detailed” statements) It suffices for my example.What you actually set up doesn’t do this sorry.
It is not a “thought question”. The details are very similar to what a Canon lawyer was explaining.It continues to undermine the credibility of your “story” ever being real in practice. I have never been a fan of “thought experiments” because it assumes they are possible in the real world when in fact they may not be. A sort of begging of the question.
you and I both know that; others reading this dialogue clearly don’t. On occasion I post something for the other readers.Of course it doesn’t. It is the role of a Tribunal to make such public findings.
The DP makes no public findings about the status of the first marriage at all.
I am not going to get into an argument with you over the process an advocate and others involved in presenting a case to a tribunal do, nor what they may see as clear cut evidence, but I am familiar enough with it that there are cases which more clear cut than others.No. Not in the example you have provided. And even if you could come up with a more likely scenario if there are no witnesses then you are not God and cannot possibly know with any objective certainty to counter the Tribunal. If one of the couple themselves was a witness that is not enough to make a public objective finding by a Tribunal. However it may be enough to allow a DP priest to allow access to Communion. He cannot possibly make any formal or objective public finding on the objective status of the first marriage regardless. That is the jurisdiction of the Tribunal not the DP priest.
You may not like what I positied and that is fine; this is not a class in ecclesiastical jurisprudence, but rather a conversation among non-Canon lawyers concerning whether or not AL could provide a secondary means of resolving issues with someone in a “second marriage”. You may or may not like my scenario; but all the focus has been on irregular second marriages where there is no defective consent in the first marriage, and thus the irregular marriage fits within the long accepted definition of adultery. I am trying to point out a very possible scenario where there is defective consent.
The conversation is one that would best be done in person, as it can get very long. I appreciate your comments, but this format (the blog) tends toward short, rather than long conversations.
I understand; however, there seem to be a whole lot of people who are reading it differently (and I am including those who are not practicing in this, meaning laity, as well as a whole lot of bishops). Wish I have a transcript of all that was said in the two sessions of the synod.No he has not said that. Neither AL nor any endorsed Guidelines I am aware of has ever clearly suggested that it would be good for a couple who believed their first marriage was valid would be encouraged to receive Communion while sexually active.
Yep.I don’t think so. It is not the DP’s priest role to make a formal decision on the status of the first marriage. However, if he believes the Tribunal has let the couple down for technical reasons this may introduce enough uncertainty over the putative validity of the first marriage to effectively treat them, for the purposes of Confession and Communion, as if the first marriage did in fact not exist.