Annulment Clarification


#1

Hey CAF,

I’m hoping someone can clear something up for me. Yesterday I was asked by a Protestant if a marriage can be annulled if it was never consummated? I don’t believe any of the tracts here on C.A. deal with this particular question, or do they?

I’m going through Canon law right now, but would appreciate help answering this question.

Peace,
Phil


#2

I believe you will find the answer is yes.. However, like all annulments, the tribunal has the final answer.


#3

[quote="ESMDHokie77, post:1, topic:240622"]
Hey CAF,

I'm hoping someone can clear something up for me. Yesterday I was asked by a Protestant if a marriage can be annulled if it was never consummated? I don't believe any of the tracts here on C.A. deal with this particular question, or do they?

I'm going through Canon law right now, but would appreciate help answering this question.

Peace,
Phil

[/quote]

Perhaps. All marriages are assumed valid until/unless a Marriage Tribunal determines otherwise. But it is my understanding that no consummation MAY be a reason for the invalidity of a marriage.

Keep in mind that the Church never EVER "annuls" a marriage. It is either valid or invalid by its own merits, the Tribunal only does the investigation into the case and makes that determination of validity at the time the wedding took place.

~Liza


#4

[quote="ESMDHokie77, post:1, topic:240622"]
Hey CAF,

I'm hoping someone can clear something up for me. Yesterday I was asked by a Protestant if a marriage can be annulled if it was never consummated? I don't believe any of the tracts here on C.A. deal with this particular question, or do they?

I'm going through Canon law right now, but would appreciate help answering this question.

Peace,
Phil

[/quote]

not enough information
there are several other pertinent facts which come out only upon investigation, which is why the party in question, after the marriage has irretreivably broken down, must approach the Catholic canon law tribunal of his diocese for an investigation and judgment on the matter. Annulment The Marriage That Wasn't is a great book which can be found on amazon and other Catholic book dealers that covers the general points on the topic.


#5

[quote="ESMDHokie77, post:1, topic:240622"]
Hey CAF,

I'm hoping someone can clear something up for me. Yesterday I was asked by a Protestant if a marriage can be annulled if it was never consummated? I don't believe any of the tracts here on C.A. deal with this particular question, or do they?

I'm going through Canon law right now, but would appreciate help answering this question.

Peace,
Phil

[/quote]

A non-consummated marriage may be investigated and determined to be null (for any of the same reasons a consummated marriage may be).

A non-consummated marriage might likewise be *dissolved *(cf Canon 1142), which would be a radical course requiring petition to the Roman Pontiff.

tee
Who Is Not A Canon Lawyer


#6

thanks for the information. As suspected, the situation is far too complicated to make a general statement about it. Thanks all.

Puzzle, thanks for the book recommendation.


#7

[quote="ESMDHokie77, post:6, topic:240622"]
thanks for the information. As suspected, the situation is far too complicated to make a general statement about it. Thanks all.

Puzzle, thanks for the book recommendation.

[/quote]

The book is EXCELLENT, I used it myself when I went through the process.

~Liza


#8

hmm, I thought consummating the marriage everything else being ok makes it indissoluble (spelling?) I thought if there was no consummation that is grounds for sure for an annulment.


#9

[quote="jackiem, post:8, topic:240622"]
hmm, I thought consummating the marriage everything else being ok makes it indissoluble (spelling?)

[/quote]

That is correct, as I understand it.

[quote="jackiem, post:8, topic:240622"]
I thought if there was no consummation that is grounds for sure for an annulment.

[/quote]

A valid marriage is valid even prior to being consummated -- In other words, it cannot be found to be null merely because it is not consummated. A marriage that *cannot *be consummated (eg due to perpetual antecedent impotence), however, may be null.

(As I understand things)

tee


#10

[quote="jackiem, post:8, topic:240622"]
I thought if there was no consummation that is grounds for sure for an annulment.

[/quote]

No.

A marriage is either valid or it isn't.

A finding of invalidity is what we call a decree of nullity. If the marriage is invalid, it would be invalid for a reason *other *than consummation or non-consummation-- such as a defect in consent or intent or some kind of impediment listed in canon law.

A non-consummated marriage could be perfectly valid if it had no defect in consent or intent and no impediments. If it is valid, the Pope can **dissolve **it. That is not the same as being declared null.


#11

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