My daughter is in a serious relationship with a man who was divorced after only a year of marriage. He received an annulment, but the reason given for the annulment is infidelity on the part of his former wife. Isn’t there cause for concern here?
Here there might be two implied questions: (1) Whether infidelity provides sufficient grounds for a declaration of nullity and (2) whether the tribunal may have too easily granted the annulment.
An annulment is granted when a tribunal (either a judge or judges) determines that one or more of the elements necessary for creating a marriage were missing at the time of the marriage ritual. Strictly speaking, the tribunal does not nullify an existing marriage, but finds that a marriage was unsuccessfully (invalidly) attempted. If the tribunal determines that there never actually was a marriage, it says so with a declaration of nullity.
The maxim “Consent makes marriage” is helpful for understanding marriage validity, as it serves to displace the notion that a romantic wedding or an intensity of love makes a valid marriage. The annulment process is canonical and the Church provides a canonical definition of what creates the marriage covenant: “Marriage is brought about through the consent of the parties, legitimately manifested between persons who are capable according to law of giving consent; no human power can replace this consent” (CIC*, c. 1057§1).
While it may have looked like consent was exchanged at a wedding, it’s possible that the proper form was not used, that one or both were incapable of giving consent, or that consent was not actually exchanged. In such cases the tribunal must declare the marriage to be null.
The form of marriage refers to the wedding ceremony—the ritual used to exchange consent. Catholics must follow the Catholic form of marriage, even if only one of the parties is Catholic (cf. CIC, c. 1117; CCEO, c. 834§1.). In certain circumstances, the local ordinary or hierarch can dispense from the required form of marriage. However, if a Catholic attempts marriage and neglects the proper form of marriage, the marriage is invalid.
An impediment is a situation or condition that makes a person incapable of entering marriage (CIC, c.1073; CCEO, c. 790). Examples include consanguinity (too close in blood relation) or the bond of a previous marriage. The pastor should check for impediments before the wedding. Some can be dispensed. Yet, if a diriment impediment exists and consent is exchanged, no marriage is contracted.
If the form of marriage is properly observed and no impediments exist, each of the parties in a marriage must still give free consent. If one or both do not give consent, a marriage never occurs. The category of defective consent is fairly broad (see CIC, cc. 1095-1107, CCEO, cc. 817-827) and includes one’s concept of marriage, personal commitment to marriage, and motivation to marry. There must be psychological capacity to discern marriage, to consent, and to undertake and fulfill marital obligations.
This is where the wife’s infidelity might come in. When a spouse breaks the marriage vow of fidelity, the marriage is not thereby nullified. Infidelity, however, might be evidence of incapacity to enter into a deep interpersonal relationship and to assume the obligations of marriage. It appears, then, that the grounds for annulment did not include infidelity, but did include lack of consent or incapacity for marriage. Infidelity, especially after only months of marriage, is striking and perhaps serves conveniently as a simplistic reason for the declaration of nullity.
In fact, the marriage tribunal comes to a decision only after a rigorous examination of the evidence. The petitioner, the one who requests the annulment, fills out a questionnaire and provides an account of the courtship and marriage with details that pertain to the question of validity. Witnesses provide testimony that combine to give a better picture of the courtship and marriage and verify facts. The respondent is the spouse who does not petition for the annulment. He or she hopefully will cooperate with the tribunal’s efforts to determine the truth. A psychologist or psychiatrist employed by the tribunal conducts an evaluation if grounds for annulment are based on psychological factors at the time of the wedding.
The tribunal includes judges, a defender of the bond, advocates, an auditor, and a notary. The defender of the bond, simply put, defends the marriage bond. He presents to the judges anything that might lead to a decision against nullity and in favor of validity. If he or she believes that a judgment of nullity has been reached in error, the defender of the bond presents his reasoning to an appellate tribunal. Advocates serve the petitioner and the respondent in cooperation with the tribunal in determining the truth. The auditor gathers facts for the tribunal and the notary records the formal proceedings.
After all of the facts are gathered, the tribunal determines which grounds and evidence concerning them are to be considered. All parties have a right to know and are informed. A decision is made and the parties are given the opportunity to appeal. If the tribunal finds that the marriage is null, there is an automatic appeal to a higher court. This court of “second instance” must issue an agreement before the parties are free to marry.
In the case of the young man given above, did the tribunal give a decree of nullity too readily? It’s possible, and it happens. Popes, in their yearly addresses to the Roman Rota (the highest appellate tribunal), have frequently focused on aspects of the duty of making judgments that conform to truth and justice. Last year, Pope Benedict XVI focused on a concept of pastoral charity that inclines tribunals to declare the nullity of a marriage, even in opposition to objective truth.
This year, however, he turned his attention from the judgment of marriage tribunals to the capacity of couples to marry. The Holy Father emphasized the need for pastoral attention to be given to “training couples preparing for marriage and to ascertaining beforehand their convictions regarding the obligations required for the validity of the sacrament of Matrimony.” In short, work must be done both to ensure that couples are validly married, and that tribunals render certain judgments.
In the end, the annulment process assumes good faith on the part of the petitioner: that he seeks moral certainty as to whether he is free to contract marriage or whether he is bound in marriage. Before he declares the nullity of a marriage, the judge determines that there is both proof for nullity and an absence of any reasonable doubt to the contrary.
*There are two codes of canon law, one for the Latin Church, Codex Iuris Canonici (CIC) and one for the Eastern Church, Code of Canons of the Eastern Churches (CCEO).
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The post Ask CUF: How can I Trust that a Decree of Annulment is Valid? appeared first on Catholics United for the Faith - Catholics United for the Faith is an international lay apostolate founded to help the faithful learn what the Catholic Church teaches..