12

Definition: An annulment doesn't dissolve a marriage; an annulment is a solemn pronouncement that there never was a marriage contract (as explained in the pronouncement) and, therefore, what was perceived as a marriage was in fact null. Why: In order for a marriage to be valid, it cannot be null. If a marriage is ruled to be null then the couple can either ...


11

Yes, there is a term: legitimate children Canon 1137 of The Code of Canon Law: “The children conceived or born of a valid or putative marriage are legitimate.” Canon 1061 of the Code of Canon Law “An invalid marriage is called putative if it has been celebrated in good faith by at least one of the parties, until both parties become certain of ...


10

The short answer is "no," an annulment is not a Catholic divorce. Although the term "annulment" has come into common use, it is somewhat misleading, since it makes it seem as if an existing marriage is "annulled" or "cancelled." In fact, Church law does not use that term, but instead contemplates a declaration of the ...


9

The short answer is, “not exactly,” and they are probably not culpable for their sexual relations. In fact, to the degree that each party thinks he is fulfilling his marital obligation to the other, such acts, far from being sinful, would actually be meritorious. The first observation to be made is that the text from the Diocese of Oakland, it seems to me, ...


7

Valid, consummated marriages of the baptized are indissoluble. Can. 1141 A marriage that is ratum et consummatum (ratified and consummated*) can be dissolved by no human power and by no cause, except death. *This means "the spouses have performed between themselves in a human fashion a conjugal act which is suitable in itself for the procreation of ...


7

An annulment, strictly speaking, is not "performed", and this is a very common misuse of terminology. There is not a marriage that is made null, but a judgment is issued that the relationship in question was never a marriage. This judgment is typically called "a writ of nullity". There is a quite complicated procedure to go through to obtain a writ of ...


6

Canon 1141 would appear to be relevant: A marriage that is ratum et consummatum can be dissolved by no human power and by no cause, except death. So, no, a consummated marriage cannot be ended simply because impotence has developed. The marriage existed, is known to have existed in its consummation, and annulment is tantamount to saying that it never ...


6

There are only three mentions of the word impotence in the Code of Canon Law: 1) In Canon 1084, section 1. This is the impediment which you mention: Antecedent and perpetual impotence to have intercourse, whether on the part of the man or the woman, whether absolute or relative, nullifies marriage by its very nature. 2) In Canon 1084, section 2. This ...


5

Unlike divorce which is where the Catholic Church says "A marriage existed, and now we are ending it," the annulment process says "From the very beginning, something was lacking that was necessary for this relationship to be called a marriage." Source: https://www.catholicnewsagency.com/resources/life-and-family/marriage/catholic-marriage-and-annulments ...


5

The Catholic Church regards itself as bound by the words of Jesus, who is reported (Matthew 19:9) as saying: I say to you, whoever divorces his wife (unless the marriage is unlawful) and marries another commits adultery." On the face of it, this places the origin of Catholic annulment in the time of Jesus, limiting the purpose of annulment to instances ...


5

Yes, it's possible, but Canon Law provides a specific method: The following are qualified to challenge a marriage: the spouses; the promoter of justice when nullity has already become public, if the convalidation of the marriage is not possible or expedient. [CIC] For a marriage to be challenged, the family must first prove the ...


4

A marriage may be declared null (granted an "annulment," although Canon Law does not use that term) after a sanatio in radice for the same reasons that any marriage is declared null: either because of impediments or because of a defect in consent. (See my answer to Is a Catholic annulment divorce in a Catholic way?.) However, the process would be, so to ...


4

They get a church annulment whithout a state annulment (or divorce). It seems possible to get a church annulment without getting a state annulment before. You can recognize this by a new proposed bill in the Philippine parliament: In future a church annulment shall be recognised as a state annulment. This only makes sense, if a church annulment can be ...


3

Canon lawyer Cathy Caridi has actually discussed this very question on her blog, Canon Law Made Easy. To briefly summarize her excellent article, canon law, following Catholic theology, does not recognize divorce as the end of a marriage, and so not recognize the validity of a marriage while either potential spouse is currently married. It follows that Ann ...


3

It should perhaps be emphasized that an annulment does not dissolve a marriage. It is, rather, an official declaration that what appeared to be a marriage was not, i.e., that there was never a valid marriage in the first place. Unfortunately, in recent decades, the grounds for annulments have been expanded to the point where I find it hard to take them ...


3

It's not clear that there is any sense in which we created beings can "know" God's plan—for the universe, or for any being or group of beings. What we can know generally is that God wills good, and salvation, for all beings: God, who "dwells in unapproachable light," [cf. 1 Timothy 6:16] wants to communicate his own divine life to the men he freely ...


3

I am not a canon lawyer, and Stack Exchange should not be relied upon for legal advice, but the canon lawyer Edward Peters does have something to say on this. Canon 1432 of the Johanno-Pauline Code states “A defender of the bond is to be appointed in a diocese for cases concerning the nullity of sacred ordination or the nullity or dissolution of a marriage; ...


3

According to most Protestant denominations (plus a few non-Protestant ones) marriage is a God ordained relationship that should model Jesus relationship to the church. It is not primarily for personal pleasure or convenience, it is for holiness. No matter how one gets into it the expectation is that all marriages should be lived out to model more and more ...


3

No. From the perspective of God and the Church, a validly contracted marriage is indissoluble, "till death do us part." There can be conditions attached to the marriage contract (conditional marriages); however, Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly. §2. A marriage entered into subject to a ...


2

No, not even a bishop can perform annulments. The 24th session of the Council of Trent (on matrimony) says: Canon 12. If anyone says that matrimonial causes do not belong to ecclesiastical judges, let him be anathema. Thus, positively, judging whether a marriage is valid or not belongs to the Church (specifically, to marriage tribunals; cf. What God Has ...


2

Athanasius has given a very thorough answer. For the less studious, let me give a simple answer: "Divorce" means ending a marriage. "Annulment" means declaring that no marriage existed in the first place. For example, if Mr Brown kidnaps Miss Green and forces her to go through a marriage at gunpoint, few would call this is a "real" marriage. If Miss Green ...


2

The answer to this question depends upon whether the marriage is invalid or valid. If the marriage is valid (either certainly valid or putatively valid), then the children are legitimate, even if the marriage is subsequently annuled: Canon 1137 The children conceived or born of a valid or putative[ly valid] marriage are legitimate. Expressed negatively: If ...


2

No, church annulment does not require state annulment or state divorce. This misunderstanding could be caused by chruch tribunals that require a copy of divorce decree (as stated in the question). The tribunal does so because the couple is obligated to give a document about its civil status by Art. 116 § 2 Dignitatis Conubii (DC) and most often this is a ...


2

Ann would be in an invalid marriage with Chris: Can. 1085 §1. A person bound by the bond of a prior marriage, even if it was not consummated, invalidly attempts marriage. §2. Even if the prior marriage is invalid or dissolved for any reason,* it is not on that account permitted to contract another before the nullity or dissolution of the prior marriage is ...


2

1983 Code of Canon Law canon 1083 §3 says: Sterility neither prohibits nor nullifies marriage The 1917 Code canon 1063 §3 says the same.


2

You are reasoning incorrectly. The error begins in your statement 4, which is only true in states which admit both civil divorce and civil annulment. Nor need it be true that civil annulment in any given country is always more expensive than every civil divorce in every country. There is, as you state, incentive to have a civil divorce rather than civil ...


2

Is a prenuptial agreement permitted for a Catholic marriage? Generally speaking prenuptial agreements are frowned on. They may be permitted under certain circumstances and only with the permission of the local ordinary (bishop). Can. 1102 §1. A marriage subject to a condition about the future cannot be contracted validly. §2. A marriage entered ...


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