“Without his help man and woman cannot achieve the union of their lives for which God created them ‘in the beginning.’” Catechism of the Catholic Church, No. 1608 It all begins with marriage T he Catholic Church believes that the joining of a man and a woman in matrimony is a sacred act. When this act takes place between two baptized Christians, it is a sacrament. If neither or only one of the persons is baptized, then the marriage is not a sacramen- tal marriage, but is recognized as a sacred bond. The Church considers marriage, sacramental or not, a valid covenant when a man and woman freely express informed consent, without constraint and unimpeded by natural or ecclesiastical law. Marriage as sacrament T he Sacrament of Matrimony is a perpetual and exclusive bond between a baptized man and woman through which the two are strengthened and consecrated for their marital duties. God established this bond in such a way that a sacramental marriage, once consummated, can only be dissolved by God through the death of one party. In the time-honored words of Our Lord, “What therefore God has joined together, let not man put asunder” (Mark 10:9). The critical point is “what God has joined.” Only when God is the divine third partner in the union can the rela- tionship truly be a sacramental marriage. An ordinary example illustrates this point. Fill a bottle half full of water, then fill the other half with oil. When you shake the oil/water mixture, it will temporarily appear to be a new substance. But if you look closely, you will see that the particles of oil and water don’t truly combine; after a few minutes, they will separate into lay- ers. If you add a few drops of glycerin to that same bottle, however, the oil and water will recombine into a new substance. Even if you put the bottle on the shelf for months, the oil and water still will be united. The same is true of marriage. Without the “glycerin” of God, the oil and water of a man and woman never truly become the “one flesh” of the marriage covenant. WfiicA tfatbe, AJtxAejm&niL aA& tAue,? A dtuoAced p£AAon iA ajutomatwalty eoocommunlcALed. An annulment maheA clutdnen illegitimate. Only siicA people can yet annulmenJtA. PkoteAtant rnaAAiayeA aAen't Aecoyniyed tiecauAe they, aAe ouJUide the GhuAch. tyauA ftoAmeA bpjouAe PiaA to ayAee fte^oAe you, can yet an annulment. A mMAxaye with childAen cannot tie annulled. An a^fjaiA iA ^ui^iclent yAoundA ftoA annulment. An annulment iA juAt “GatholLc dwoAce.” you, man he dMApAtAed to ieaAn that alt aAe \alAe. What is an annulment? A n annulment is a declaration by the Catholic Church that after careful investigation, flaws were discovered in the relationship that prevented it from becoming a marriage. An annulment is concerned mainly with the personal and spiritual aspects of marriage. It does not “erase” the civil contract, and it does not render the chil- dren illegitimate. It merely states that after thorough investigation, the Church has decided that a marriage, as the Church understands marriage, was not valid. Why is an annulment necessary? ccording to Catholic teaching, marriage is a permanent partnership of a man and a woman (see Catechism of the Catholic Church , No. 1601). Because a marriage lasts “until death do us part,” no one can enter into a second permanent partnership while his or her first spouse is living. Even if the civil contract is dissolved through divorce, the spiritual bond continues. The cou- ple remains married in the eyes of the Church. However, the Church also recognizes legitimate rea- sons why a wedding may not have led to a valid mar- riage. If through the annulment investigation the Church comes to moral certitude that no valid marriage took place, then the parties are free to marry someone else. But she’s Protestant! Marriages between two non-Catholics are presumedvalid by the Church if neither partner had been married before. Therefore, the Church requires an annul- ment of that marriage before the person is free to marry in the Catholic Church. In doing so, the Church is acknowledging the sacred nature of all marriages. Just as baptism in a non-Catholic church is considered true bap- tism, so is marriage in a non-Catholic church considered a true marriage. When the Pharisees asked Jesus if it was permissi- ble for a man to divorce his wife, Jesus said: “Whoever divorces his wife and marries another, commits adultery against her; and if she divorces her husband and marries another, she commits adultery” (Mark 1 0: 1 I - 1 2). Because of that, many people think that divorce itself is a sin and grounds for automatic excommunication. In fact, divorced Catholics who have not remarried remain in good standing with the Church. They are not excommunicated. However, individuals who are divorced and remarried without an annulment are not permitted to receive Communion unless they agree to live as brother and sister.They are, nevertheless, encouraged to consider themselves Catholic, to remain in the Church, to attend Mass, and to raise their children in the Faith. Is divorce a sin? Grounds for annulment A marriage can be declared invalid for several rea- sons related to the ability of one or both of the part- ners to understand and agree to the Catholic under- standing of marriage before the wedding ceremony. Here are some common reasons: I The existence of an impediment, such as a previous marriage or religious vows or a close blood relationship between the couple (a brother and sister or first cousins). Some of these can be dispensed. 2 Psychological incapacity, at the time of the wedding, to assume the duties of marriage; for example, if one of the parties suffers from a serious mental illness that prevents him or her from taking up parental or spousal duties. 3 The presence, at the time of the wedding, of an intention contrary to marriage or something essential to marriage; for example, one of the spouses refuses to have children, does not intend to remain faithful to the other spouse, or believes in the possibility of divorce. 4 The presence of a future “condition” for marriage, such as one spouse demanding that the other spouse will achieve a certain level of income. 5 Psychological immaturity that did not allow one or both parties to understand the true nature of marriage at the time of the wedding. An example would be a teenage couple who hardly know each another, but who decide to marry because the girl is pregnant. They have not thought about how they will support each another in marriage, nor do they know each other well enough to make a lifelong commit- ment. What is the process? > If all hope of salvaging your marriage has been exhausted, you may inquire about the annulment process. In North America, most tribunals require that there first be a civil divorce before considering the case. Many people wait until they want to enter into a second marriage to begin the annulment process. But it is best to know whether you will be granted an annulment before beginning another relationship. > Next, contact your parish priest. He will direct you on how to start the necessary paperwork. > Although the process may vary slightly from dio- cese to diocese, you will be asked to provide details— to the priest or a marriage tribunal representative— about your courtship, engagement, and wedding, and the breakdown of the relationship. Either spouse can initiate the process, but both may be asked to testify. > You also will be asked to provide the names of two or three witnesses who can verify your information. If witnesses are not available (perhaps the marriage took place so many years ago that potential witnesses are deceased, for example), the annulment process still can proceed. What does it mean? Advocate Cleric or layperson appoint- ed by the tribunal or the party to the marriage to represent the party and safeguard his or her rights in a canonical court process. Lack of Form If a baptized Catholic mar- ries outside the Church, it is invalid.The Catholic form requires marriage in front of a priest and two witnesses. A dispensation from this form can be granted, but without it the marriage is invalid. > The petition is submitted to the tribunal, and the case is decided by a panel of judges who are experts in canon law and marriage. Their decision is then reviewed by experts in another diocese before you are informed of the decision. The process takes anywhere from a few months to several years. > When you begin the process you may be asked to pay a fee to help offset administrative costs. However, a review of the validity of your marriage is your right as a Catholic. Finances should never be an obstacle to exercising that right, and dioceses offer sliding scales, payment options, and financial assistance. The blessing of healing “Because I had dreaded the annulment process and found it painful to work through, I was aston- ished by the result. Like the grief process following a death, this rethinking and reliving of my failed marriage brought healing, understanding, and great peace of heart and mind. Whatever the final decision, I am grateful for the process itself.” — Ann, who is waiting for her annulment decision Pauline Privilege When two unbaptized peo- ple are married, that mar- riage is non-sacramental and can be dissolved in favor of a new marriage after one party receives baptism. This presumes that the party seeking baptism is not the cause of the breakdown of the marriage. Defender of the Bond An official of the ecclesiasti- cal (the Church’s) court who defends the marriage bond. Tribunals The courts of the Church in every diocese that decide matters of canon law. Where to go for more information Seeking an Annulment with the Help of Your Catholic Faith, Lorene Hanley Duquin, Our Sunday Visitor, 2007 Catechism of the Catholic Church, Second Edition, No. 1621 ff. Gaudium et Spes, Pastoral Constitution on the Church in the Modern World, Nos. 47-52 Revised Code of Canon Law, 1055-1057, 1 134, 1141- 1143 For additional Catholic resources or to order bulk copies of this pamphlet contact: 200 Noll Plaza • Huntington, IN 46750 I -800-348-2440 • Fax: I -800-498-6709 • vmw.osv.com Nihil obstat: Rev. Michael Heintz Censor Librorum Imprimatur: * John M. D’Arcy Diocese of Fort Wayne-South Bend September 11, 2003 Copyright © 2003 by Our Sunday Visitor Catechism excerpts are from the English translation of the Catechism of the Catholic Church, Second Edition, for use in the United States of America, copyright © 1994 and 1997, United States Catholic Conference— Libreria Editrice Vaticana. Used by permission. All rights reserved. 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