Annulments


#1

If a couple finds out that there are grounds for an annulment, which means that there is no marriage, does that mean that the couple should go get married?:confused:


#2

I would think they would first need to talk to a good Priest about resolving the issues/repenting.


#3

[quote="AveMaria12, post:1, topic:251804"]
If a couple finds out that there are grounds for an annulment, which means that there is no marriage, does that mean that the couple should go get married?:confused:

[/quote]

I don't follow your question. If you've meet and followed all of the Church's requirements for marriage, then you're marriage is assumed valid unless proven otherwise. The existence of a possibility that one could get an annulment does not mean the marriage is not valid. Speak with a priest is you have any questions.


#4

A couple may find out there may be grounds for annulment all day - however a marriage would not be decided invalid unless the couple is already divorced as no Tribunal (at least in the US) will sit on a case where the couple is still married. Maybe you need to be more specific as to what the ground is.

Now if what you are speaking of is a lack of form issue for instance a Catholic not being married in the Church than that is not grounds for annulment that is a lack of form - that couple is not married at this point and is living in a state of sin. I am keeping this simple so please excuse me as there are some exceptions I am sure I just don't want to write a CAF thesis.


#5

Well, I think the question makes sense. It is true that the CC presumes the marriage is valid - but the whole point of annulment is the CC says the marriage was NEVER valid. That means it was invalid even before a ruling was made, from the very beginning. They were never married, everyone just thought they were.

If one day it becomes clear to the couple that all along their was an impediment, then if the logic of the CC is followed, then they do not have a valid marriage.

Say, for example, many years later the husband admits he was under the influence of drugs, or they discover from a doctor that he was bi-polar and probably in a manic state, or maybe the wife admits that she had no intention of ever having children and even secretly took action to prevent conception.

According to the CC these are all impediments and the couple likely could not have been validly married under those circumstances.


#6

That could make sense - in which case speaking to a priest would be your best bet. I think there is a Canon in relation to renewing of the vows but i am not 100% sure.


#7

[quote="Bluegoat, post:5, topic:251804"]
If one day it becomes clear to the couple that all along their was an impediment, then if the logic of the CC is followed, then they do not have a valid marriage.

[/quote]

If I remember correctly, certain impediments (diriment) make the marriage invalid outright. They would include those with Holy Orders attempting marriage, brother and sister marrying, etc. Other impediments can make the marriage illicit but valid, which is likely where after-the-fact issues might fall.


#8

[quote="Warrior1979, post:7, topic:251804"]
If I remember correctly, certain impediments (diriment) make the marriage invalid outright. They would include those with Holy Orders attempting marriage, brother and sister marrying, etc. Other impediments can make the marriage illicit but valid, which is likely where after-the-fact issues might fall.

[/quote]

In those cases living as Brother and Sister while the Holy Orders are taken care of if they can be would be an option. In the second case there is no recourse so getting remarried right off the bat probably would not be a good solution.


#9

[quote="joanofarc2008, post:8, topic:251804"]
In the second case there is no recourse so getting remarried right off the bat probably would not be a good solution.

[/quote]

I have a feeling that my post might not have been clear. The issue may be that the couple believed they are validly married, but are now looking back and saying "well, it might not have been valid for this reason or that reason." That doesn't necessarily make the marriage invalid. They'll never know either, unless they civilly divorce and go through the annulment process (unless it is a diriment impediment and it is brought to the attention of the Church).


#10

[quote="Warrior1979, post:9, topic:251804"]
I have a feeling that my post might not have been clear. The issue may be that the couple believed they are validly married, but are now looking back and saying "well, it might not have been valid for this reason or that reason." That doesn't necessarily make the marriage invalid. They'll never know either, unless they civilly divorce and go through the annulment process (unless it is a diriment impediment and it is brought to the attention of the Church).

[/quote]

That was my point a few posts back but then someone brought up some other issues. Frankly with one of the other issues that Warrior did not bring up it would be ebst to talk to a priest.


#11

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