I read with interest the sheer volume of messages that come through this message board reagarding Annullments, and so I have a few questions of my own, just to understand the position of the Catholic church more.

1. Is annullment itself a procedure that nullifies marriage, or a procedure that acknowledges according to dogmatic principles that a marriage never took place, and simply declares it in an official and legally binding statement ?

2. If a couple had children during the course of their "marriage" which was later declared to be annulled, does this imply that both had committed fornication and/or adultery?

3. Is it possible for 2 catholics who were both married by an ordained Catholic priest, both with the desire to be married, to later have that marriage annulled? If so, does such an anullment imply that either A) The sacrament of marriage was not ministered properly by the priest or B) The sacrament has been undone by the process of annullment.

Thankyou for your replies.

-- Oliver Fischer (spicenut@excite.com), July 26, 2004

Answers

Response to Annullments

bump

-- bump (bump@bump.net), July 26, 2004.

Response to Annullments

1. A valid Christian marriage cannot be dissolved by any authority on earth, including a marriage tribunal. Such a marriage ends ONLY upon the death of one of the spouses. A so-called "annulment" does not change anything. It is only an official statement describing what is already true - that a given putative marriage is not and never was valid, due to a serious impediment which existed at the time of the wedding.

2. The partners in a putative marriage may exercise marital rights freely, since such a marriage is presumed in good faith to be valid until decisively demonstrated to be invalid. Likewise, children born of a putative marriage are legitimate, regardless of any subsequent finding of invalidity. Canon law defines a putative marriage in this way ... "An invalid marriage is said to be putative if it has been celebrated in good faith by at least one party. It ceases to be such when both parties become certain of its nullity."

3. Yes, it is possible that a putative marriage of two Catholics who married before an ordained Catholic priest with the desire to be married could be invalid. This could occur if the proper form of the sacrament was not followed, as you suggested; or because of mental defect of one of the parties; or if one of the parties was ineligible to marry, by reason of insufficient age, or blood relationship, or prior marriage. Again, a valid marriage cannot be "undone".

-- Paul M. (PaulCyp@cox.net), July 26, 2004.

Thankyou for your answers Paul. They are clear and well presented. I appreciate your time and knowledge.

-- Oliver Fischer (spicenut@excite.com), July 27, 2004.