Why does a JP marriage need to be annulled?

[sherimarie]

My brother is dating a girl (Ahhhh:crying who was formally married by a justice of the peace. I understand they need an annulment, if this is true, why is it so?
Sorry if this has been asked and answered.
Also my parents really tried hard to raise us the best catholics they could, what is the primary reason kids go astray?

 

[ClementRome]

usually children go astray because the parents force the beliefs on them , which in turn makes them rebel and want to do the opposite. Children naturally like to rebel from their parents for the sake of rebellion. THat why children seem to like allot of the opposite things the parents like and despise the things they do like.

remember conversion happens from within with the help of grace. Forcing someone to goto church does more harm than good because it usually turns the person off to the faith and views it as a dictatorship.

 

[JG77]

My brother is dating a girl (Ahhhh:crying who was formally married by a justice of the peace. I understand they need an annulment, if this is true, why is it so?
Sorry if this has been asked and answered.
Also my parents really tried hard to raise us the best catholics they could, what is the primary reason kids go astray?

The reason is easy - the Church holds that every marriage bond counts - until shown to be void through the process of getting an annulment. The annulment process is there to give certitude that a party is free to attempt marriage again. Not as a catholic divorce court - but to show that there was a circumstance that made that person’s attempted marriage an invalid one.

For example: a catholic that gets married outside of the Church lacks the required form (unless excused from it) that they should have.

Hope that sheds some light on it.

 

[Texas_Roofer]

She is presumed to be married by her own words, or opposite of “free to marry” and “free to marry” is a requirement for any catholic wedding. If the annulment concludes she never really married, only attempted to marry then she will be declared “free to marry” barring any other issue.

 

[Irishmom2]

“What is the primary reason kids go astray?”

I have to say I disagree with the poster that said a child that is forced to go to church will rebel.

People have been “forcing” their children to attend mass (as per family rules) forever. If what you say is true, the churches would have been empty a long time ago. Many people continue to attend mass despite being “forced” to go to mass when they were younger.

So what happens? Things beyond the parents control, like friendships with people that do not place importance on being Catholic or being a believer in God at all for that matter. It happens at school, yes, even Catholic school. It happens by the influence the media has on young minds through the internet, TV, and movies.(Please don’t jump on me here and tell me how you limit your child and set boundaries etc. It doesn’t always work that way. Teens especially will find a way to do it…) Regardless of what some people will tell you, parents can lead their family to Church and do all the “right” things and their child still strays from what we would like. I know that I for one have said this on this forum at least once before.

All one can do is pray, lead by example and put it in God’s loving hands.
(and I am going to say all this assuming that we are talking about grown up kids now, as the OP was talking about a brother that is old enough to be married.)

As far as the annulment question there are many threads here about annulments and many knowledgeable people that will be better able to explain an answer than I would.

 

[SMHW]

My brother is dating a girl (Ahhhh:crying who was formally married by a justice of the peace. I understand they need an annulment, if this is true, why is it so?

I’m assuming that you understand that Catholics do not believe divorce is possible (other than civilly) and are wondering about why a non-religious wedding requires a ruling of nullity.

Is the girl Catholic? If not, then she was not bound to the Catholic form of marriage and so the Catholic Church would presume her marriage to be valid until proven otherwise by the tribunal. The Catholic Church does not require non-Catholics to be married in a Church wedding for the marriage to be valid. If she IS Catholic then her marriage is presumed to be invalid due to lack of form if she did not marry in accordance with the laws of the Church. However even in the case of lack of form, it is usual for the tribunal to make a formal declaration that a marriage is invalid due to lack of form. The latter process usually only takes a few weeks or months while the former can take much, much longer.

 

[Phemie]

My brother is dating a girl (Ahhhh:crying who was formally married by a justice of the peace. I understand they need an annulment, if this is true, why is it so?

If she’s not Catholic her marriage is presumed to be valid since she wasn’t bound to marry in the Church. That’s why it needs to be examined to see if it’s valid or not.

 

[NewEnglandPriest]

My brother is dating a girl (Ahhhh:crying who was formally married by a justice of the peace. I understand they need an annulment, if this is true, why is it so?
Sorry if this has been asked and answered.

By divine law all that is required for marriage is a public exchange of consent.

It is a “man made” Church law that Catholics can only be validly married within the Church or somewhere else with Church permission.

Thus, even being married on spring break in Las Vegas by Elvis constitutes by divine law a valid marriage. Its only Church law that prevents a Catholic from entering into a valid marriage in such a way, otherwise, nonCatholics are not bound by Church law.

Remember, the priest does not marry a couple, he only acts as an official witness of their consent.

 

[chevalier]

Dispensations can be given from the requirement of form. Probability low, possibility exists.

 

[Texas_Roofer]

By divine law all that is required for marriage is a public exchange of consent.

Is that an opinion? Natural Law derives it authority Moral Natural Law but that is not a sacramental Catholic marriage

It is a “man made” Church law that Catholics can only be validly married within the Church or somewhere else with Church permission.

I am sure that is an opinion

Thus, even being married on spring break in Las Vegas by Elvis constitutes by divine law a valid marriage.

a valid Natural Marriage not a valid sacramental marriage

Its only Church law that prevents a Catholic from entering into a valid marriage in such a way, otherwise, nonCatholics are not bound by Church law.

no, it is christ’s instructions which flow through the church

Remember, the priest does not marry a couple, he only acts as an official witness of their consent.

Correct and it is the bishop who signs off on the fulfillment of the conditions of marriage

hope that helps you

 

[chevalier]

Actually, two baptised non-Catholics getting married in Vegas would marry validly and in a sacramental marriage (valid marriage between two baptised people is always sacramental) if there were no impediments and no defects of consent. You can say the latter is very unlikely, but it’s not as unlikely if you go by the Rota instead of by some American tribunals. Marriage is not that hard to contract validly.

 

[Texas_Roofer]

Actually, two baptised non-Catholics getting married in Vegas would marry validly and in a sacramental marriage (valid marriage between two baptised people is always sacramental) if there were no impediments and no defects of consent. You can say the latter is very unlikely, but it’s not as unlikely if you go by the Rota instead of by some American tribunals. Marriage is not that hard to contract validly.

Really, and if this was her seventh marriage which would be her sacramental husband?

 

[Phemie]

Really, and if this was her seventh marriage which would be her sacramental husband?

He did say “if there were no impediments”. One previous marriage that hadn’t been declared null (let alone 6 of them) would constitute an impediment to a valid marriage. But a first marriage of two baptized non-Catholics, even by an Elvis impersonator, would be presumed valid and sacramental.

 

[Bluegoat]

Well, marriages of people like Abraham or other pre-Christiands were real marraiges too.

Marriage is not just a Christian Sacrament, in the same way as other Sacraments. It also has a kind of natural aspect which comes from our nature as men and women, and the kind of union we can have together. God created that nature and made it manifest even before Christ, and it is still an issue today, post-Christ. Catholics respect not only the work God does through the Sacraments, but what he does through nature.

 

[Bluegoat]

Really, and if this was her seventh marriage which would be her sacramental husband?

Obviously the first if it was valid.

 

[Just_Lurking]

By divine law all that is required for marriage is a public exchange of consent.

For most of the Church’s history, even a priviate exchange of consent formed a valid marriage.

 

[Texas_Roofer]

He did say “if there were no impediments”. One previous marriage that hadn’t been declared null (let alone 6 of them) would constitute an impediment to a valid marriage. But a first marriage of two baptized non-Catholics, even by an Elvis impersonator, would be presumed valid and sacramental.

by whom ? better yet answer it this way if this was the seventh wedding who could declar it invalid?

Obviously the first if it was valid.

Same questions who has authority to place this limit?

 

[Phemie]

by whom ? better yet answer it this way if this was the seventh wedding who could declar it invalid?

Same questions who has authority to place this limit?

I guess the answer to all those questions would be the Catholic Church. Since in our hypothetical they are not Catholic, they probably couldn’t care less what the Church thinks – until such a times as they divorce and one decides to marry a Catholic. Then what the Catholic Church thinks will matter to them.

 

[sherimarie]

Thank you, everybody! The first few comments were very helpful in sorting out the situation in my mind.
All (10) of us were “forced” to go to daily mass as kids, though i cant remember it feeling like that at the time. I agree society has been a major player, but i never saw this coming for my family and i just pray every thing works out.
Thanks again.
Sheri

 

[NewEnglandPriest]

Is that an opinion?

No, not my opinion, its Catholic theology/teaching.

Me: It is a “man made” Church law that Catholics can only be validly married within the Church or somewhere else with Church permission

You: I am sure that is an opinion

No, not my opinion. Once again: Catholic theology/teaching.

**Me: Thus, even being married on spring break in Las Vegas by Elvis constitutes by divine law a valid marriage. **

You: a valid Natural Marriage not a valid sacramental marriage

Once again: No. If two baptized Protestants exchanged consent in Vegas in front of Elvis while on Spring Break the Church would consider the marriage sacramental. The baptized Protestants are not bound by Church law so their mere exhange of consent makes the marriage sacramental.

**Me: Its only Church law that prevents a Catholic from entering into a valid marriage in such a way, otherwise, nonCatholics are not bound by Church law. **

you: no, it is christ’s instructions which flow through the church

Once again: no. It may indeed be the work of the Holy Spirit guiding us through this particular period of time. But anyone who has ever taken a canon law of marriage class knows that “consent makes marriage” no matter what its circumstances.
Technically speaking, a bishop could dispense for a Catholic to be married on a beach by a JP. Under communism in eastern europe it was not uncommon for the Church to simply recognise the secular marriage as a valid one without requiring a repeating of vows.

You: Correct and it is the bishop who signs off on the fulfillment of the conditions of marriage

Not by divine law, but mere canon law.

You: hope that helps you

Not really.