Then what are the children of such a union? In the old days, the term bastard use to be used. But I have heard, there are no illegitamate children, just illegitamate unions.
No. My parents’ marriage was annulled and I am legitimate.
Could you please show me how it is biblical.
Moses allowed divorce, yes all though because of a harden heart, yet he allowed it.
Eden…apologies for you, I am not trying to hijack the thread…
To understand a declaration of nullity, we must know the general reasons for a declaration of nullity, the roles of the people involved, and the basic procedures used. Consent makes marriage. As stated in canon law: This means that to prove a marriage never existed requires proof that consent was never legitimately exchanged. Once consent is validly exchanged, a marriage occurs. If one of the spouses breaks the marriage vows, this does not "nullify" the marriage. Such acts are grave matter and morally wrong, but do not make a valid marriage invalid.
Another way of explaining marriage consent is by analogy to the sacraments. Every sacrament must have proper form and matter to be valid. For the sacrament of Eucharist, the proper form is the words of consecration spoken by a priest. The proper matter is wheat bread and grape wine. When the words of consecration are prayed, the bread and wine become the Body and Blood of Jesus. If someone takes the Sacred Host and breaks it into pieces, it remains the Body of Christ. Furthermore, if the priest later decides he doesn’t believe in the True Presence, his lack of faith does not remove the True Presence from those Sacred Species in the tabernacle. In the same way, marriage has proper form and matter. The form is the words and rituals used to exchange consent. The proper matter for marriage is the man and woman capable of giving consent. Once the marriage vows are legitimately exchanged, the marriage remains, even if the vows are broken or the spouses believe the marriage is dead.
To prove consent was never legitimately exchanged, one of three things must be established: 1) the proper form of marriage was not used, 2) one or both of the parties were incapable of exchanging consent, or 3) consent itself was not exchanged. The form of marriage refers to the wedding ceremony; the ritual used to exchange consent. Catholics must follow the Catholic form of marriage. Even if only one of the parties is Catholic, the Catholic form must be followed.[3]
For Catholics belonging to the Western, Latin Rite Church, the form requires that consent be exchanged in the presence of a cleric, in accordance with the approved liturgical rite, and witnessed by two other people.[4] The cleric assisting at the wedding must have the proper authority to witness the marriage in the name of the Church. In certain circumstances, when a genuine shortage of priests and deacons exists, members of the lay faithful can receive delegation from the diocesan bishop to assist at marriages.[5]
In the Eastern Catholic Churches, the required form is a bit different. "Only those marriages are valid which are celebrated with a sacred rite, in the presence of the local hierarch, local pastor, or a priest who has been given the faculty of blessing the marriage by either of them, and at least two witnesses." [6]
The "sacred rite" means a priest must assist and give a blessing.[7] Contrary to the discipline of the Western Catholic Church, the nuptial blessing is required for validity in the Eastern Catholic Churches. A deacon cannot assist at a marriage because he cannot give the nuptial blessing. If an Eastern Rite Catholic contracts marriage with a member of an Eastern Orthodox Church according to the laws of the Orthodox Church, but without the permission of the Catholic hierarch, the marriage is valid if the nuptial blessing was given by a priest.[8]
In certain circumstances, the local ordinary or hierarch can dispense from the required form of marriage. However, if a Catholic attempts marriage and neglects the proper form of marriage, the marriage is invalid. A diriment impediment is a situation or condition that makes a person incapable of entering marriage.[9] If a diriment impediment exists and consent is exchanged, no marriage is contracted.
Before a priest witnesses a marriage, he is obligated to investigate the couple’s situation and make certain no impediments exist.[10] This is usually done through a pre-nuptial questionnaire and a review of legal documents (e.g., birth and baptismal certificates).
Some impediments are established by ecclesiastical law. They refer only to Catholics and are disciplines imposed for the right order of the sacraments and married life. In certain circumstances, they can be dispensed. Other impediments are established by divine law and cannot be dispensed. Divine law impediments apply to Catholics and non-Catholics alike.
Examples of diriment impediments that can be dispensed include: Marriage with a non-baptized person, consanguinity in the collateral line (marriage with a cousin), and legal relationship arising from adoption. Examples of diriment impediments that cannot be dispensed include: Antecedent and perpetual impotence, bond of a previous marriage, and affinity in the direct line (marriage with a parent or grandparent).[11] If the form of marriage is properly observed and no impediments exist, each of the parties in a marriage must still give free consent. If one or both do not give consent, a marriage never occurs. In general, there are three categories of defective consent: 1) Defects of knowledge, 2) conditioned consent, and 3) defects of will.[12] Several, more specific grounds are found in each category.
Generally speaking, defects of knowledge refer to situations in which one or both people do not have the necessary knowledge to choose marriage in their specific situation. For example, canon 1097§1 reads: "Error of the person renders marriage invalid." This means if Jacob intends to marry Rachel, but her sister, Leah, wears a bridal veil and he mistakenly marries her instead, the marriage is invalid.[13]
Conditioned consent refers to a person qualifying his consent or placing conditions that violate the minimum requirements of marriage. A person not intending to have children is an example of conditioned consent. Children are a gift from God and, by divine law, all marriages must remain open to children. Specifically excluding children at the time of consent invalidates the consent.[14]
A defect of will occurs when a person marries against his will. Force and grave fear are examples of grounds in this category.[15]
The judges hearing the case determine what the ground of nullity will be. They establish the grounds after reviewing the information given them by the petitioner and the responses offered by the respondent. Most important to remember, if the minimum requirements to enter marriage are met, the marriage occurs and no declaration of nullity should be given.Eden said:
What if both parties had false pretences? I bet those do not happen or else it would put the CC in a vicarious position.
There are three principle parties, or people, involved in the process investigating marriage nullity. A petitioner is the person who files for the declaration of nullity. A respondent is the other spouse in the marriage under review. The defender of the bond is a person appointed by the court to defend the marriage bond. He "is bound by office to propose and clarify everything which can be reasonably adduced against nullity or dissolution."[16]
There are others also involved in the matter. A judge is the person appointed to determine whether the marriage is invalid. Cases concerning marriage nullity generally require a court of three judges.[17] In certain circumstances, it is permissible for a bishop to allow a single judge to hear a case of marriage nullity. If only one judge is appointed on a marriage case, he must be a priest or deacon.[18] An auditor is a person appointed to assist the judge in gathering facts.[19]
A procurator is a person who acts in the name of one of the parties. An advocate is a person who defends the position of one of the parties. In most cases, a person using the services of a procurator or advocate must give permission for them to act. This permission is called a mandate.[20]
Sorry to hear of your experience. I guess my point being…it is only “invalide” because the church says those “things” make it “not valid”. But in reality, you were ther, your spouse was there…etc…etc…it happened. But I understand the “rational” behind it. It still means you were married before. Althought The Church says your first one was not valid. Everyone that attended, would they say one didn’t happen?
Sorry Eden, I did not see where you showed it a biblical practice?
I showed that divorce is not biblical but annulments are in post 19.
Only one person enters into these other Sacraments. You think someone who received First Communion will petition for the sacrament to be declared invalid because it was entered into under false pretenses? I’d like to see that!
An annullment is not given without a civil divorce is that correct? Does a legal, civil divorce need to take place before an annullment?
Shouldn’t the church be concerned for their eternal soul? If one of the other sacrements are invalid, the person’s salvation is at risk. I would think this should be motivation for the church to ensure other sacrements are “valid”. In fact, this would be a greater concern…an eternal concern vs. an earthly concern. As you have positioned it above, it would seem the church’s concerns are misplaced. They are worldly concerns vs. eternal concerns.
Actually, no one is required to receive the Sacrament of Matrimony. Some people never marry and their soul is not at risk. Are you asking if one will go to hell for never marrying? Most Catholics will never receive all seven sacraments. As I will never be ordained, I will never receive the Sacrament of Holy Orders. You don’t seem to understand Sacraments from your concern about others being valid.