Canon law

Cork24

Just wondering under Canon Law what does it take for one to get an annulment ?

With so many Law under the Church over its people that follow it, its mad not to allow some one to get an annulment if he/she Marriage did not work out ?

But then again one does not have to go to the Church to get Married once again. if he/she wishes to do so,

is it not just a simply case of one cant get it up which meets the case for an annulment after all what is Marriage with out the ability of having S*x ?

Victor

Detailed article here: http://en.wikipedia.org/wiki/Annulment

Dades

Thread moved to Christianity.

alex73

Annulment is issued in the Catholic Church to say the Marriage never existed, say when you married a Guy who turned out to to be a wife beater.... Since that Guy was not the person you intended to marry and once you discovered his dark side then you can approach you local bishop and request the annulment. Annulment is not a Divorce, it just recognises that the marriage was not valid.

MrPudding

alex73 wrote: »

Annulment is issued in the Catholic Church to say the Marriage never existed, say when you married a Guy who turned out to to be a wife beater.... Since that Guy was not the person you intended to marry and once you discovered his dark side then you can approach you local bishop and request the annulment. Annulment is not a Divorce, it just recognises that the marriage was not valid.

Is it true that they are very hard to acquire? How long has this process been available?

MrP

gimmebroadband

A friend of mine was waiting for a few years. She was battered by her newly wed husband within a year or so of being married, to the extent that she lost the child she was carrying. She got her annulment, and is now married to a wonderful guy!

alex73

MrPudding wrote: »

Is it true that they are very hard to acquire? How long has this process been available?

MrP

If the couple is just married and some obvious reason arises showing that the married was not an honest one, then the bishop can annul pretty quickly. But the Longer the couple is together the harder it is, and if there are Children its not so easy.

dvpower

gimmebroadband wrote: »

A friend of mine was waiting for a few years. She was battered by her newly wed husband within a year or so of being married, to the extent that she lost the child she was carrying. She got her annulment, and is now married to a wonderful guy!

How does the state deal with church annulments?

Manach

Offhand I reckon the State just ignores them, as they are within the remit of an essential private organisation. Saying that, I might be doing a family law course this year for myself, I'll let you know in about a year

dvpower

Manach wrote: »

Offhand I reckon the State just ignores them, as they are within the remit of an essential private organisation. Saying that, I might be doing a family law course this year for myself, I'll let you know in about a year

I await with bated breath.:)


I wondered about gimmebroadband saying that he knew of someone remarrying after a year .

Maybe one or both of these marraiges were church only.

Keylem

It looks to me that gimme broadband indicated that her friend's 1st husband had started beating her within a year of their marriage, which resulted in the loss of their baby, and not remarrying within the year as you pointed out! I may be wrong!!!

MrPudding

Manach wrote: »

Offhand I reckon the State just ignores them, as they are within the remit of an essential private organisation. Saying that, I might be doing a family law course this year for myself, I'll let you know in about a year

It looks lke the state ignores them...

http://www.citizensinformation.ie/en/birth_family_relationships/civil_annulment/nullity_of_marriage.html

The article is about civil annulments, but it mentions church annulments and their standing in law.

MrP

Keaton

MrPudding wrote: »

It looks lke the state ignores them...

http://www.citizensinformation.ie/en/birth_family_relationships/civil_annulment/nullity_of_marriage.html

The article is about civil annulments, but it mentions church annulments and their standing in law.

MrP

In that case, I believe that a civil divorce could be obtained, merely to please the state in terms of paperwork, all the while recognizing that a valid marriage did not exist because of the impediments, of which the annulment declares valid.

I know that if a Catholic couple separate, they can get a civil divorce if it is necessary for property issues etc... even though the marriage is still valid in the eyes of the Church.

I think I am right in saying this - if not, somebody shoot me down real quick.

MrPudding

Keaton wrote: »

In that case, I believe that a civil divorce could be obtained, merely to please the state in terms of paperwork, all the while recognizing that a valid marriage did not exist because of the impediments, of which the annulment declares valid.

I know that if a Catholic couple separate, they can get a civil divorce if it is necessary for property issues etc... even though the marriage is still valid in the eyes of the Church.

I think I am right in saying this - if not, somebody shoot me down real quick.

Seems logical.

MrP

alex73

Keaton wrote: »

In that case, I believe that a civil divorce could be obtained, merely to please the state in terms of paperwork, all the while recognizing that a valid marriage did not exist because of the impediments, of which the annulment declares valid.

I know that if a Catholic couple separate, they can get a civil divorce if it is necessary for property issues etc... even though the marriage is still valid in the eyes of the Church.

I think I am right in saying this - if not, somebody shoot me down real quick.

Civil marriages can also be annulled. A Nullity of marriage is declared, no divorce needed.

Void marriage

To prove to the court that your marriage is void you must show one of the following grounds:

• At the time of the marriage ceremony there was a lack of capacity. In other words, you or your spouse was incapable of entering into a binding contract. This may happen where one of you was already validly married or in a civil partnership, where you are too closely related to each other or where you are of the same biological sex.
• The formal requirements for a marriage ceremony were not followed. For example, you did not give due notice to the Registrar of Marriages.
• At the time of the marriage, there was a lack of consent. In other words, you or your spouse did not give free and fully informed consent to the marriage. This may be due to duress, (i.e., you were forced into the marriage), mistake, misrepresentation or fraud. It may also be due to the fact that you or your spouse was suffering from a mental illness or was intoxicated at the time of the marriage.

dvpower

It looks like a civil annulment is much harder to come by than a church one (going by some of examples of church annulment Ive heard of)

But, if a church annulment was granted, would it be acceptable for a catholic to seek a divorce?

alex73

dvpower wrote: »

It looks like a civil annulment is much harder to come by than a church one (going by some of examples of church annulment Ive heard of)

But, if a church annulment was granted, would it be acceptable for a catholic to seek a divorce?

Usually when the annulment comes the couple have already divorced. Its only a civil document.

dvpower

alex73 wrote: »

Usually when the annulment comes the couple have already divorced. Its only a civil document.

I thought Catholics were against divorce?

alex73

dvpower wrote: »

I thought Catholics were against divorce?

If one of the partner decieves the other into marriage then the church will annul the marriage. Then from a civil point it can also be annuled or the couple can divorce.

As regards divorce yes we are against it, that is to say divorce of a real marriage. This thread is about marriages that were never real.

dvpower

alex73 wrote: »

If one of the partner decieves the other into marriage then the church will annul the marriage. Then from a civil point it can also be annuled or the couple can divorce.

As regards divorce yes we are against it, that is to say divorce of a real marriage. This thread is about marriages that were never real.

But if they're getting divorces before annulments are granted how do they know they're not real?

alex73

dvpower wrote: »

But if they're getting divorces before annulments are granted how do they know they're not real?

Well if your newly wed husband beats you senseless the 1st month or he turns out to he Gay... Was it a real marriage to start with? i guess no, so annulment or divorce does it make a difference.

dvpower

alex73 wrote: »

Well if your newly wed husband beats you senseless the 1st month or he turns out to he Gay... Was it a real marriage to start with? i guess no, so annulment or divorce does it make a difference.

That's a pretty clear cut case, but I know a girl who was married for over a year before they broke up. She maintained that he was far to immature to get married in the first place and she considered an annulment. She got a divorce but didn't proceed down the annulment route.

From the outside I would never have considered that there were any real grounds for annulment; it was just a marraige that didn't work out, but it is an example of how a catholic, opposed to divorce might end up divorced but not annuled.