Last week I addressed the issue of annulments, and this
week I would like to give a few more details on the process.
As was mentioned last week, the very term “annulment” is
inaccurate. The Church does not annul marriages, but
seeks to determine whether they were, in fact, null and void
from the very start, that is from the moment of the
exchange of vows.
The Church requires that a couple intend certain things at
the moment of the exchange of vows for the Sacrament of
marriage to take place.
The couple must intend
permanence, fidelity and mutuality as well as be open to
the transmission of Life in their marriage. If any one of
these intentions is missing at the time of the exchange of
vows, the Sacrament does not take place. The couple may
have a legal bond of marriage, but not a Sacramental one.
If one enters a marriage with the attitude that “if this
doesn’t work out after a few years, I’ll find someone else,”
then there is an intention against permanence and the
Sacrament does not take place. The Church does not allow
prenuptial agreements that seek to safeguard assets in the
event of divorce, as that would likewise constitute an
intention against permanence.
If a couple wishes to have an “open marriage” where they
are free to seek romance “on the side” that would be an
intention against fidelity. Even if just one of the two has
such an attitude, it is enough to prevent the Sacrament
from taking place. If one or the other of the couple sees
their spouse as chattel over which they have control, there
is an intention against mutuality. If a couple contracepts
throughout the marriage, there is an intention against
children and that also prevents the Sacrament from taking
place.
There are other conditions which could also prevent the
Sacrament of Marriage from taking place. There may be a
grave defect of person, that is some serious aspect about
one of the intended spouses that, if unknown, takes away
from the other person’s ability to give consent; for example,
problems with alcohol or their addictions. Also duress can
invalidate the Sacrament. An example of this would be a
couple that had no intention of getting married becomes
pregnant and then decides that they must marry before the
child is born. Or even undue pressure from parents on a
couple to marry, even though they do not really want to,
could prevent the Sacrament from taking place.
The Church will not consider a petition for annulment until
after the final decree of divorce. Even then, the supposed
Sacrament has the benefit of the doubt. A minimum of
three witnesses are needed.
There are extensive
questionnaires to be filled out, in addition to which the
applicant or petitioner for the annulment must write a
detailed essay, and give testimony in person before the
Tribunal. The other spouse is the respondent and they are
encouraged to participate in the process to the fullest
extent. Every effort is made to ensure that the rights of the
respondent are respected.
Just because one has applied for an annulment, it does
not mean they will get one. Many petitions for annulments
are denied. This can be tragic in the case of one who has
married outside of the Church, as they thereby separate