Annulment Process (U4)

Question 1

What is does canon law of church say?

Answer 1

Canon 1060: Marriage is presumed valid until proven otherwise. This applies to all marriages, not just to the marriages of Catholics or of other Christians

Canon 1085: Those in a prior valid marriage (Weather sacramental or not) are unable to contract marriage

Question 2

Annulment definition?

Answer 2

Marriage is either valid ( and thus binding for life) or null (and not binding) from the moment of exchange of consent in Catholic law and teaching
- It is assumed that a marriage is valid unless reasons are given to prove that it is not (Canon 1060)

Question 3

Definition of nullity?

Answer 3

A declaration of nullity of marriage by the Catholic Church is a statement that, after due examination by a competent Catholic tribunal, what was thought to be a valid and binding marriage is, in fact, null and not binding

Question 4

Three cases where a marriage may be null?

Answer 4

1. Lack of canonical form for Catholics
2. Presence of an impediment
3. Inadequate consent by other party

Question 5

What is canonical form?

Answer 5

Refers to the ways that the marriage ceremony is meant to be conducted according to the Church
- Exchange of vows in a Catholic church presided over by a priest, deacon, or bishop (usually in the church of the bride).
- For Catholic and non- Catholic spouse: special dispensation (permission) is needed from the Bishop. I.e. if you want to get married in a non-Catholic church

Question 6

Impediment definition and what does it do?

Answer 6

Def: factors or situations that complicate the ability to marry or make it impossible
- Situation where no marriage should ever have been allowed in the first place, even with a ceremony

Question 7

What are cases of impotence?

Answer 7

• Non age: if below min. age (boy: 16, girl: 14)
• If a one party can’t consummate the marriage
• Previous bond: can’t recognize the remarriage of a person during the lifetime of a former spouse unless the former marriage has been declared null by an ecclesiastical tribunal/ dissolved by the authority of the Pope

Question 8

What is the disparity of cult?

Answer 8

A marriage between a Catholic and an unbaptized person is invalid, unless the bishop dispenses from the impediment. (ie. Special permission is needed before the marriage or it is invalid)

Question 9

How does the sacred orders clash with marriage?

Answer 9

If a deacon, a priest or a bishop attempts a marriage, it is invalid

Question 10

Public vows in terms of impediments?

Answer 10

A male or female who is a member of a religious order who has made a public vow of celibacy cannot marry unless dispensed from the impediment (ie. Given special permission to break the vow).

Question 11

Abduction in terms of impediments?

Answer 11

If a person is forcibly abducted or detained, no valid marriage can take place. Thus, forced marriages are not considered valid

Question 12

Crime in terms of impediments?

Answer 12

If a spouse is murdered to pave the way for a new marriage no valid marriage can take place

Question 13

Consanguinity in terms of impediments?

Answer 13

Marriages of very close blood relatives are invalid

Question 14

Affinity in terms of impediments?

Answer 14

A person can not marry a deceased partner’s parent or child

Question 15

De facto in terms of impediments?

Answer 15

If a couple lives together as a couple without being officially married, neither of them may later marry the mother or daughter, father or son of the other person

Question 16

Adoption in terms of impediments?

Answer 16

A person may not marry an adopted son/daughter or brother/sister

Question 17

Consent in terms of impediments?

Answer 17

This refers to situations where one or both parties lack the knowledge or understanding necessary to make a reasonable decision (usually through no fault of their own).

Question 18

Three instances of consent in terms of impediments?

Answer 18

Force/grave danger, conditions and simulation

Question 19

Force/grave danger for consent? (impediments)

Answer 19

A situation where one marries because of threats or a fear of what will happen if they don’t
- (Ex. A woman becomes pregnant and her parents force her to marry the child’s father or else they’ll kick her out)

Question 20

Conditions for consent? (impediments)

Answer 20

If special conditions are put on the choice to marry it is not considered consent (ex. I’ll marry you only if you sign a prenuptial agreement)

Question 21

Simulation for consent? (impediments)

Answer 21

If one or both of the partners has lied about their intent to be faithful in the marriage or about their commitment to the marriage as permanent

Question 22

Openness for children in terms of consent? (impediments)

Answer 22

If one of the partners is not open to the possibility of children in the marriage no proper consent can be given.

Question 23

Fraud in terms of consent? (impediments)

Answer 23

If one person lied to the other about important factors in the decision to get married ( ex. Lying about their true identity or saying they are open to children but lying about the fact that they are incapable of having them etc…)

Question 24

Lack of sufficient use of reason? (impediments)

Answer 24

If one person (or both) was unable to make a reasonable decision to consent to the marriage because of drugs, alcohol, serious mental illness etc… that may have altered their state of mind or rationality

Question 25

What is the full annulment process?

Answer 25

1. Application
2. Personal Interview
3. Three witnesses who have known both of you before the wedding, interviewed
4. Case is transcribed ( all info, including interviews is put in written form to be viewed by the making the decision)
5. Goes to one judge if case is clear, to a tribunal panel of three to look at all aspects of case if it is more complicated
6. An annulment is either granted or denied

This can take anywhere from a few months to a few years