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http://www.catholicnewsagency.com/i...wwwshutterstockcom_CNA_12_10_15.jpgWashington D.C., Jun 17, 2016 / 03:48 pm (CNA/EWTN News).- A virtual brouhaha erupted Thursday after Pope Francis said in unscripted remarks that “the great majority” of marriages today are null, due to a “provisional” culture in which people do not understand permanent commitment.
Although his comment was later revised to say that “a portion” of marriages are null, the question remains: What exactly makes a marriage invalid?
“It’s certainly in my experience that the kind of provisional culture, the conditional and temporary way in which we view real permanent institutions, has an impact on marriage, on the way that we live our marriages, on the way that we relate to our spouses, and those kinds of things,” J.D. Flynn, a canon lawyer in Nebraska, told CNA.
Pope Francis, during a Thursday question-and-answer session at the Diocese of Rome’s pastoral congress, decried today’s “culture of the provisional” where people are unwilling to commit to a lifelong vocation.
“It’s provisional, and because of this the great majority of our sacramental marriages are null,” he continued. “Because they [couples] say ‘yes, for the rest of my life!’ but they don’t know what they are saying. Because they have a different culture. They say it, they have good will, but they don’t know.”
The Vatican on Friday revised the remarks in the official transcript, with Pope Francis’ approval. The text was changed to say that “a portion” of marriages today are null, not a “great majority.”
Many couples “don’t know what the sacrament is,” the Pope said on Thursday. “They don’t know that it’s indissoluble, they don’t know that it’s for your entire life. It’s hard.” Pope Francis faulted, in part, lack of good marriage preparation in teaching engaged couples about the truth of marriage.
In his impromptu comments, the Holy Father was not declaring any particular marriages to be invalid, as Church tribunals do when they establish that a marriage never actually existed, Flynn said. He added that “it’s important for people to remember that the Church always presumes the validity of a marriage unless it’s proven otherwise.”
Whether the number of invalid marriages is “a portion” or “the great majority,” such cases do exist, and the Church has very specific processes in place to evaluate them.
Just because a couple encounters difficulties does not mean their marriage is invalid. “Marriage is, by its very nature, a difficult thing,” Flynn said, “and the Church instructs us to presume that God has given us the grace of marriage, and to rely on that grace, and to ask God to strengthen that grace.”
When a tribunal does examine the validity of a particular marriage, it looks at two primary factors from “the time [the couple] attempted consent,” or the time that they made their wedding vows, Flynn explained.
First is the “object of their consent,” he said. “Did they intend against what marriage really is, or did they intend to marry as the Church understands marriage?”
The second factor is the person’s “capacity for consent,” he added. “Did they have the ability to make a full and free human act of consent?”
There are some key ways that a “provisional culture” can affect people’s marriages, he said. For example, grounds for annulment can include when “a person might directly and principally intend against a permanent marriage.”
“That is to say,” he continued, “‘I marry you but I intend to end this perpetual union when I see fit’.” This can’t just be an admitting that divorce “happens,” he noted, but rather “an intention against the permanence of the marriage” at the time of the wedding vows.
Another nullifying factor is “ignorance” of the nature of marriage as “a permanent union between a man and a woman, that in some way is ordered to the procreation of children through sexual cooperation,” he said.
“We presume that everyone who has achieved puberty is not ignorant of marriage. The law of the Church says we’re supposed to presume that,” he said.
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Although his comment was later revised to say that “a portion” of marriages are null, the question remains: What exactly makes a marriage invalid?
“It’s certainly in my experience that the kind of provisional culture, the conditional and temporary way in which we view real permanent institutions, has an impact on marriage, on the way that we live our marriages, on the way that we relate to our spouses, and those kinds of things,” J.D. Flynn, a canon lawyer in Nebraska, told CNA.
Pope Francis, during a Thursday question-and-answer session at the Diocese of Rome’s pastoral congress, decried today’s “culture of the provisional” where people are unwilling to commit to a lifelong vocation.
“It’s provisional, and because of this the great majority of our sacramental marriages are null,” he continued. “Because they [couples] say ‘yes, for the rest of my life!’ but they don’t know what they are saying. Because they have a different culture. They say it, they have good will, but they don’t know.”
The Vatican on Friday revised the remarks in the official transcript, with Pope Francis’ approval. The text was changed to say that “a portion” of marriages today are null, not a “great majority.”
Many couples “don’t know what the sacrament is,” the Pope said on Thursday. “They don’t know that it’s indissoluble, they don’t know that it’s for your entire life. It’s hard.” Pope Francis faulted, in part, lack of good marriage preparation in teaching engaged couples about the truth of marriage.
In his impromptu comments, the Holy Father was not declaring any particular marriages to be invalid, as Church tribunals do when they establish that a marriage never actually existed, Flynn said. He added that “it’s important for people to remember that the Church always presumes the validity of a marriage unless it’s proven otherwise.”
Whether the number of invalid marriages is “a portion” or “the great majority,” such cases do exist, and the Church has very specific processes in place to evaluate them.
Just because a couple encounters difficulties does not mean their marriage is invalid. “Marriage is, by its very nature, a difficult thing,” Flynn said, “and the Church instructs us to presume that God has given us the grace of marriage, and to rely on that grace, and to ask God to strengthen that grace.”
When a tribunal does examine the validity of a particular marriage, it looks at two primary factors from “the time [the couple] attempted consent,” or the time that they made their wedding vows, Flynn explained.
First is the “object of their consent,” he said. “Did they intend against what marriage really is, or did they intend to marry as the Church understands marriage?”
The second factor is the person’s “capacity for consent,” he added. “Did they have the ability to make a full and free human act of consent?”
There are some key ways that a “provisional culture” can affect people’s marriages, he said. For example, grounds for annulment can include when “a person might directly and principally intend against a permanent marriage.”
“That is to say,” he continued, “‘I marry you but I intend to end this perpetual union when I see fit’.” This can’t just be an admitting that divorce “happens,” he noted, but rather “an intention against the permanence of the marriage” at the time of the wedding vows.
Another nullifying factor is “ignorance” of the nature of marriage as “a permanent union between a man and a woman, that in some way is ordered to the procreation of children through sexual cooperation,” he said.
“We presume that everyone who has achieved puberty is not ignorant of marriage. The law of the Church says we’re supposed to presume that,” he said.
Full article…