According to what the Church says the main area of concern surrounds the consent of the individuals at the time of the vows, more or less.
Of course there are legitimate issues of absolute competance or
relative(at about the time of consent) competance these are legitimate concerns as well.
But having lived through nine years of marriage, in a marriage judged to be Sacramental by the Rota twice(by six judges unanimously I would like to intentionally add) after having been declared null by an American tribunal of three judges(unanimously I would like to intentionally add) I think that consent at the time of the vows should not be the sole criteria to judge validity. There were countless times where my wife and I upon taking our individual stock of our lives together reaffirmed our commitment to
each other and to our marriage.
I think the Church has a myopic vision of real consent. Certainly,
I see the necessity to comprehensively understand the circumstances at the matrimonial ceremony but I think post marital recommitments should be powerful statements regarding the valid exchange of consent from the start. I know I was never, ever asked such a question and I do not think I mentioned it because it was never asked until I wrote a 45 page treatise about our entire marriage, which I submitted to the initial inquiry after having had it proofed for accuracy by three separate people who knew both my wife and myself very well for most of our marriage. In fact two of them were her friends before I became their friends, after our separation.
There is much more going on in these processes that the Church has to get involved with but does not and as a consequence only those who want their annulments are being ministered too.
Those like myself feel that this process is a worse violation, an even more fundamental and violent ongoing never-ending rape. And there are no clerics on any level willing to try to develop a real understanding of what is fully going on. This is sorely needed.
Of our four adult children, all of whom were young children when I was forced to separate from them, none practice their faith. None.
They all have varying opinions, which the Church does not care to hear, even though this process is directly responsible for their alienation from the Catholic Church. In my oninion that is a crime which there are ground for pursuing within the Church legal system but I cannot find a canonist, probono, who will even listen to me to try to see things from my perspective. This entire divorce annulment system was poorly conceived and is extremely poorly administered in every single diocese in the United States.
While our children have no knowledge of the issues sorrounding the determination the Church must make regarding validity based upon information at the time of the exchange of vows, they certainly do have significant knowledge and factual observations regarding ancillary issues which should impact this proceeding. But they are completely shut out.
This system needs to be shut down and comprehensively redesigned and every single case decided solely in the United States must be reheard, if there is a real interest in truth, based on the new paradigm which would result from the issues rehashed before the new system would be put online.
What we have now is a system which is under the oversight of Bishops who receive (name removed by moderator)ut almost exclusively from clergy and canonists, who do not listen to respondents, by and large. What system would you expect if you got what you sought more than 90% of the time. That is what we have. There is no quality control or real feedback.
Not a single ordinary I have lived under or my wife and her lover have lived under will even grant me an audience to discuss what I have experienced, a couple did respond but would not give me a hearing of any value or assign someone to listen.
They are/were Cardinal O’Connor, Cardinal Egan, Bishop Gerald O’Keefe(deceased), Bishop Franklin(Davenport, Iowa), Bishop Sullivan(Richmond, Va), Bishop Gossman(Raleigh,NC) and Eparch Andrew Pataki(Byzantine Bishop Passaic, NJ). These are just those in authority not the many others who ignore me as well, who are legion.
Children definately should have (name removed by moderator)ut that is appropriate but the Church needs to utilize this process for discernement of invalidity as well as an insrument of healing to marriages it determines are valid but have been broken by divorce. These marriages can be healed even in very complex situations involving remarriage and other children but that would take commitment on all parties. But it must be through the driving force of the Church both Pastorally and Canonically that this is accomplished.