I have friends of mine who are catholic, in the process of getting a divorce and the husband is seeking steps for an annullment. They were married in 1990 - she was pregnant & lost the baby 3 months before the wedding & it was too late to call it off, he says that he never really truely loved her & married her because he felt it was the right thing to do. He thought he would eventually feel the way he was supposed to but it never happened. The wife has always been a very insecure person which lead to accusations & badgering over the last 10 yrs. - He loves her but is not in love with her. They have two daugthers age 6 & 4. A couple of months ago, he had enough & moved out. He still supports the daughters, they divide the time equally. The wife is in extreme denial & says she never had any idea her husband felt this way. I care about them both...so I'm trying to help them both - her w/ consoling & him being able to handle a divorce in a catholic marriage. He's very strong in his faith but it very concerned. What are the grounds for annullment? Is there any specific points? Thank you, Adrienne

-- Adrienne Broussard (adriennepenick@go.com), April 09, 2001

Answers

Response to What are ground for annullment?

Jmj

Hello, Adrienne. I'm sorry to hear that you and your friends must undergo this suffering. May Our Lady of Consolation intercede for you with her Son, whose sufferings we commemorate this Holy Week.

The Tribunal (Church court) of the Archdiocese of Philadelphia summarizes the subject, in layman's language, as follows:

"Marriages are to be performed legally and validly. Legally [or 'licitly'] means the marriage is properly performed according to civil and religious regulations. Validly means that when the people marry [i.e., on the day of the wedding], their intentions, their understanding of marriage, and their ability to enter marriage are sufficient. [They must be capable of giving valid consent on that day.]

"... [F]or one to marry validly one must have the intention to enter a permanent, faithful union that is open to the possibility of children. ... [M]arriage is understood to be a community of life for a man and a woman, for their mutual, interpersonal growth and for the procreation and education of children.

"Finally, one must have the basic physical, emotional, and psychological ability to understand the intentions and meaning of marriage and to intend and fulfill them.

"For all marriages, this validity is presumed. The Catholic Church cannot end or break a valid marriage bond between two baptized persons. The Church can examine the presumed valid marriage to see if the validity that is presumed really existed and can do this only if one of the spouses asks for it to happen. ... The Church cannot refuse to investigate the validity of a marriage once one of the spouses has challenged it. This investigation does not mean that the case is proven, only that the marriage has to be investigated."

If the (arch)diocesan tribunal determines that the partners did not validly celebrate the Sacrament of Marriage on their wedding day, it will grant a "Decree of Nullity" (which is automatically appealed to a second tribunal for verification and to a higher court if there is a disagreement).

Troubles experienced during the course of a marriage are not, in and of themselves, factors that can render a marriage null. However, when a tribunal is made aware of them, it will investigate whether or not a related impediment existed on the wedding day.

God bless you.
John

-- J. F. Gecik (jgecik@desc.dla.mil), April 09, 2001.