Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null 
asked by jerseymike on November 24, 2006 2:54 PM
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What is a Catholic annulment & why do I need one?
Written by Jacqueline Rapp, JD, JCL, MCL Rapp Canonical Consulting Louisville, KY
As a judge on a marriage nullity tribunal, I run into people, on a daily basis, who do not understand the declaration of nullity (or annulment) process and they do not understand why they need an annulment to begin with. It's been my understanding that this is because there are some misconceptions as to what the Catholic Church teaches about marriage, and therefore what the Catholic Church teaches about relationship that are not marriage (therefore needing an annulment). I hope to clarify some of this for those who may need this information.
What is an annulment?
A Catholic annulment, or a declaration of nullity or invalidity, is a statement of fact, by the Catholic Church, that a valid marriage (as defined by the Catholic Church) never existed. Therefore, it is not a Catholic divorce, since divorce looks at the moment that the relationship broke down and says, "there was something and now we are ending it." The annulment process says, "from the very beginning, there wasn't what was necessary for this relationship to be called a marriage." The annulment process is definitely NOT saying that there was no love involved and there wasn't some form of relationship there. It is also not saying that there wasn't a valid civil contract (thus, all children born of this valid civil contract are legitimate). This process looks at an entirely different realm - the spiritual one - as this is the Catholic Church's domain.
Why is an annulment necessary?
The Catholic Church teaches that marriage (as created by God for all people), if created, is permanent, exclusive, fruitful and ordered to the good of the spouses. This means that marriage is until death parts them - and not divorce (permanent); it is between one man and one woman (exclusive); it is open to the procreation and education of children (fruitful); and creates a relationship that is an equal partnership of the whole of life that strives to the growth of the two people involved (ordered to the good of the spouses).
Because the Catholic Church teaches that marriage is permanent, and that IF it was created that no human power can separate what God has joined together (not even the civil government who has the power to end the civil contract that they call marriage), then once two people stand in front of God and everybody and IF they create what the Catholic Church defines as marriage, then it cannot be dissolved. That marriage bond is in place until death.
So, no new marriage covenant can be created with someone else, because the party who has been married before still is bound to that first person, since the bond, if formed, cannot be ended with a civil divorce.
Therefore, the Catholic Church investigates, through the annulment process, whether an actual marriage, as defined by the Church, came into being. If they determine, by examining the facts presented to the Tribunal, that no "marriage" came into being, then the parties are free to contract marriage with someone else.
Why do I need one if I'm not Catholic?
If you are not Catholic and you are planning on marrying a Catholic, then you may be asked to go through the annulment process. This may seem odd, given that both people from the first union are not Catholic and it doesn't make sense that the Catholic Church should investigate this marriage.
The Catholic Church recognizes, as a valid marriage, any marriage between two people who were free to marry (no previous marriages between them). Basically, if the non-Catholic church of either party recognized the marriage as valid, so does the Catholic Church, and since marriage, as God created it, is permanent, then these marriages also need to be investigated.
And, anyone who is wanting to marry a Catholic, has to "play by our rules," so to speak, since the Catholic whom they are marrying must abide by these laws of the Church.
The Catholic Church believes that the teachings on what marriage is binds all people whether they are Catholic or not, given that it is part of God's Divine Law.
Options other than an annulment?
Are there other options for working with previous marriages other than the annulment process? Yes, indeed there are.
If a person was either Catholic or married to a Catholic and they did not get married according to the canonical form of marriage (in front of a Catholic priest/deacon with two witnesses), and there was no Church permission to do that (called a dispensation from form), then this would be called a Lack of Form case and can be dealt with by proving that one of the parties was Catholic (with their baptismal record) and that they did not get married according to Catholic form (with the marriage license) and that they are now civilly divorced (with the divorce decree).
If one of the parties to the first marriage was not baptized, and that non-baptism can be proven, and the person who is applying for this process was not the cause of the breakdown of the marriage, then a Privilege of the Faith case or Petrine Privilege case, can be sent to Rome and the non-sacramental marriage can be dissolved, leaving those parties free to remarry.
If both of the parties were non-baptised throughout the course of the marriage, and now the party applying wants to become baptized and marry a Catholic, and the non-baptism of both parties can be proven, then a Pauline Privilege case can be done and the non-sacramental marriage can be dissolved, leaving those parties free to remarry (after the one who desired baptism has received it).
Conclusion:
A basic rule of thumb to follow is that if there was a previous marriage contracted by either you or your fiance, be sure to tell your priest. That marriage will have to be addressed in some form or another, either by a documentary case, a privilege case or a formal annulment process.
Written by Jacqueline Rapp, JD, JCL, MCL Rapp Canonical Consulting Louisville, KY
As a judge on a marriage nullity tribunal, I run into people, on a daily basis, who do not understand the declaration of nullity (or annulment) process and they do not understand why they need an annulment to begin with. It's been my understanding that this is because there are some misconceptions as to what the Catholic Church teaches about marriage, and therefore what the Catholic Church teaches about relationship that are not marriage (therefore needing an annulment). I hope to clarify some of this for those who may need this information.
What is an annulment?
A Catholic annulment, or a declaration of nullity or invalidity, is a statement of fact, by the Catholic Church, that a valid marriage (as defined by the Catholic Church) never existed. Therefore, it is not a Catholic divorce, since divorce looks at the moment that the relationship broke down and says, "there was something and now we are ending it." The annulment process says, "from the very beginning, there wasn't what was necessary for this relationship to be called a marriage." The annulment process is definitely NOT saying that there was no love involved and there wasn't some form of relationship there. It is also not saying that there wasn't a valid civil contract (thus, all children born of this valid civil contract are legitimate). This process looks at an entirely different realm - the spiritual one - as this is the Catholic Church's domain.
Why is an annulment necessary?
The Catholic Church teaches that marriage (as created by God for all people), if created, is permanent, exclusive, fruitful and ordered to the good of the spouses. This means that marriage is until death parts them - and not divorce (permanent); it is between one man and one woman (exclusive); it is open to the procreation and education of children (fruitful); and creates a relationship that is an equal partnership of the whole of life that strives to the growth of the two people involved (ordered to the good of the spouses).
Because the Catholic Church teaches that marriage is permanent, and that IF it was created that no human power can separate what God has joined together (not even the civil government who has the power to end the civil contract that they call marriage), then once two people stand in front of God and everybody and IF they create what the Catholic Church defines as marriage, then it cannot be dissolved. That marriage bond is in place until death.
So, no new marriage covenant can be created with someone else, because the party who has been married before still is bound to that first person, since the bond, if formed, cannot be ended with a civil divorce.
Therefore, the Catholic Church investigates, through the annulment process, whether an actual marriage, as defined by the Church, came into being. If they determine, by examining the facts presented to the Tribunal, that no "marriage" came into being, then the parties are free to contract marriage with someone else.
Why do I need one if I'm not Catholic?
If you are not Catholic and you are planning on marrying a Catholic, then you may be asked to go through the annulment process. This may seem odd, given that both people from the first union are not Catholic and it doesn't make sense that the Catholic Church should investigate this marriage.
The Catholic Church recognizes, as a valid marriage, any marriage between two people who were free to marry (no previous marriages between them). Basically, if the non-Catholic church of either party recognized the marriage as valid, so does the Catholic Church, and since marriage, as God created it, is permanent, then these marriages also need to be investigated.
And, anyone who is wanting to marry a Catholic, has to "play by our rules," so to speak, since the Catholic whom they are marrying must abide by these laws of the Church.
The Catholic Church believes that the teachings on what marriage is binds all people whether they are Catholic or not, given that it is part of God's Divine Law.
Options other than an annulment?
Are there other options for working with previous marriages other than the annulment process? Yes, indeed there are.
If a person was either Catholic or married to a Catholic and they did not get married according to the canonical form of marriage (in front of a Catholic priest/deacon with two witnesses), and there was no Church permission to do that (called a dispensation from form), then this would be called a Lack of Form case and can be dealt with by proving that one of the parties was Catholic (with their baptismal record) and that they did not get married according to Catholic form (with the marriage license) and that they are now civilly divorced (with the divorce decree).
If one of the parties to the first marriage was not baptized, and that non-baptism can be proven, and the person who is applying for this process was not the cause of the breakdown of the marriage, then a Privilege of the Faith case or Petrine Privilege case, can be sent to Rome and the non-sacramental marriage can be dissolved, leaving those parties free to remarry.
If both of the parties were non-baptised throughout the course of the marriage, and now the party applying wants to become baptized and marry a Catholic, and the non-baptism of both parties can be proven, then a Pauline Privilege case can be done and the non-sacramental marriage can be dissolved, leaving those parties free to remarry (after the one who desired baptism has received it).
Conclusion:
A basic rule of thumb to follow is that if there was a previous marriage contracted by either you or your fiance, be sure to tell your priest. That marriage will have to be addressed in some form or another, either by a documentary case, a privilege case or a formal annulment process.
reviewed by cannoli on November 24, 2006 7:31 PM
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Annulling a marriage is one of the thorniest practices of the Roman Catholic Church. People who are granted annulments are given a whole new lease on life, but for those who are denied an annulment, the news can be devastating. For Catholics, an annulment means that a sacramental marriage never took place. The most common reaction to this is "I went to the wedding, what do you mean a marriage never took place?" People begin to wonder if an annulment means that children from such unions are illegitimate (no). Others wonder what right the Church has to declare a marriage null, and see the process as judgmental and vindictive. Others believe that annulments are only granted to those willing to pay a hefty price tag. With so much negative press, it is no wonder why so many people find the annulment process intimidating and decide not to pursue having a marriage annulled.
Michael Smith Foster, a Catholic priest and canon lawyer who works at the Marriage Tribunal for the Archdiocese of Boston has written a clear, easy to understand book answering the many questions of what an annulment is, and what an annulment is not. The book is published by Paulist Press, and is set up in a question and answer format, like many book released by this publisher. In discussing the annulment process, the author also explains what a Catholic marriage is supposed to be. His style is pastoral and non-threatening. The book is compassionate and hopeful for people who have been hurt by a marriage coming apart.
While this book will be most helpful to people going through the annulment process and those who are ministering to them, it will be of interest to any Catholics who want to understand more about this procedure and what the Church truly teaches about marriage.
reviewed by mountaindew on November 25, 2006 12:12 AM