It states in the Catechism of the Catholic Church that “The intimate community of life and love which constitutes the married state has been established by the Creator and endowed by Him with its own proper laws…God Himself is the author of marriage.” (Foster, 2)
The subject of annulment or nullity is a highly debated one, mostly because people are confused about the actual grounds for the act. In this research paper the Catholic Church’s views of annulment will be presented in a publication written by James Akin and one by Rev. Michael Smith Foster. Two of the three grounds for annulment will be discussed as well as the process involved in receiving an annulment.
Before nullity can be understood, it must be defined.
“The difference between divorce and nullity is therefore about as wide as it is possible to conceive. Divorce claims to break up a marriage actually in being. Nullity means that the marriage never came into being; it is the discovery that the contract to marry did not exist. Marriage is not only a contract; but it results from a contract, and if there is no contract no relationship can result.” (Akin, B, pg. 1)
The three grounds for qualifications for a marriage to be valid in the Catholic Church are strict and unchanging.
“The law declares that marriage is brought about through: (1) the consent of the parties (the bride and groom), (2) legitimately manifested, (3) by those qualified according to the law (again, the bride and groom). So, if the consent was defective- marriage was NOT brought about. If the consent was NOT legitimately manifested- marriage was NOT brought about. If one or both of the persons was unqualified according to law- the marriage was NOT brought about.” (Foster, 2)
In Church law any marriage that takes place is legally presumed to be a valid sacrament.
If enough information is brought forward to indicate otherwise, the presumption of validity will be taken away by a declaration of nullity.
One of the most commonly exhibited grounds for annulment is the first, the consent of the two parties as it was exchanged on the wedding day, Consent makes it seem that the marriage was valid, but the annulment tribunals dissect all of the factors involved with consent to find out if it was truly present. Marriage is brought about through the consent of the parties. If the consent can be proven defective, on the part of one or both of the parties, then marriage was not brought about.
It states in the Catechism of the Catholic Church that “In the Latin Church, it is ordinarily understood that the spouses, as ministers of God’s grace, mutually confer upon each other the Sacrament of Matrimony by expressing their consent before the Church.” (Foster, Section 3, Page 2)
Although the priest or deacon is often referred to as the “minister” in the marriage ceremony, it is actually the bride and groom that are the ministers. The priest or deacon is an “official” witness of the faith community. The minister’s consent is one of the most important factors when a marriage takes place. There has to be an understanding of what marriage is all about with its key ingredients of fidelity, permanence, and conjugal love, which must mean that both ministers are open to children.
In order for a marriage to be deemed valid, there must be some qualifications met. First, there has to be good, unrestricted judgment on the part of both parties as they consent to marriage. The ministers cannot have any objections to the marriage ceremony in order for the marriage to take place, in other words. Secondly, the ministers of the marriage cannot be suffering for a psychological disease, like schizophrenia. This would impact their ability to make the right choice. Thirdly, there cannot be any fraud. There must be no error about an essential quality of the person one is about to marry. Finally, there cannot be deceit involved in the consent of the ministers. There has to be a willingness and capacity to fulfill the obligations of marriage. If it can be proven that something essential was lacking in the consent of one or both of the parties, the Church will grant a declaration of nullity.
The other qualification for annulment by the Church that will be discussed is “the manner by which consent is manifested”. As it states in the Catechism of the Catholic Church, “The priest who assists at the celebration of marriage receives the consent of the spouses in the name of the Church and gives the blessings of the Church. The presence of the Church’s ministers visibly expresses the fact that marriage is an ecclesial reality.” (Foster, Section 5, Page 1) This means that if the consent of the Church official performing the marriage rites is not legitimately manifested, then the marriage did not happen.
“The faith community presumes that the official was indeed duly appointed to witness the minister's exchange of consent. A tribunal investigation which seeks to determine the opposite is called a proceeding regarding a ‘defect of form.’ Cases that require this type of investigation are rare. The ministers' consent is not called into question, but rather the authority of the official who witnessed the consent is questioned. If it is proven after the fact that the official lacked authority, the marriage is declared null by reason of a defect of form. In other words marriage was NOT brought about as the official lacked the proper authority to witness the ceremony.” (Foster, Section 5, Page 2)
When a couple wants their marriage to be annulled, they must appear before a Church Tribunal. A tribunal is the church’s court in which legal acts and procedures are observed to solve disputes and questions. It is made up of judicial personnel; like judges, defenders, and others. The Catechism of the Catholic Church states, “…the Church after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of the marriage.” (Foster, Section 8, Page 2)
“A trial concerning marriage nullity follows three stages. First, a person initiates a case. The tribunal officials determine the nature of the case. It may focus on the party’s consent, or the legitimate manifestation of that consent, or the party’s qualifications to place consent. The judge decides the court's jurisdiction, the petitioner's standing and whether the case has merit. The judge then contacts the other party to the case and fixes the legal grounds on which the case is to proceed.
Second, evidence is gathered from the parties, witnesses and relevant documents. Third, the entire case, including arguments submitted by advocates and the defender of the bond, is discussed orally or in writing. Then the judges render a decision. All judgments are forwarded or appealed to the next level, the regional tribunal. Once confirmed, the decision of the judges is final.” (Foster, Section 8, Page 3)
The Church’s qualifications for annulment are static and unchanging. Most every theologian agrees with the annulment process because it takes every facet into consideration.
How Can a Marriage be Declared Null?
http:://www.rcab.org/marriag.html
http:://www.rcab.org/marriag1.html
http:://www.rcab.org/marriag2.html
http:://www.rcab.org/marriag3.html
http:://www.rcab.org/marriag4.html
http:://www.rcab.org/marriag5.html
http:://www.rcab.org/marriag6.html
http:://www.rcab.org/marriag7.html
http:://www.rcab.org/marriag8.html
Dissolution of Marriage
http:://www.cin.org/users/james/ebooks/nullity/null_9.htm
