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brian
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| Joined: | Fri Sep 29th, 2006 |
| Location: | Chicago South Burbs, Illinois USA |
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| First Name: | brian | | Gender: | Male | | Faith History: | methodist, evangelical, anglican, catholic |
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Posted: Wed Apr 18th, 2007 11:56 pm |
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| If someone were a revert who was divorced two times and now married a third time, would they need the first two marriages anulled or just the first one since the church could never recognize the second marriage if it was unlawful to begin with since the first had never been anulled.
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CajunRick
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| Joined: | Fri Sep 29th, 2006 |
| Location: | Houma, Louisiana USA |
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| First Name: | Rick (& Kermie) | | Gender: | Male | | Faith History: | Lifetime Catholic, Latin Rite |
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Posted: Thu Apr 19th, 2007 12:58 am |
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Both. All marriages are presumed to be sacramental until judged otherwise. The Declaration of Nullity for the second marriage would be relatively simple, but it would still have to be processed.
____________________
Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine
Rick Luquette
Luquette Lane
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brian
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| Joined: | Fri Sep 29th, 2006 |
| Location: | Chicago South Burbs, Illinois USA |
| Posts: | 720 |
| First Name: | brian | | Gender: | Male | | Faith History: | methodist, evangelical, anglican, catholic |
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Posted: Thu Apr 19th, 2007 02:56 pm |
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I guess that makes sense but it seems weird to declare invalid a marriage which could never have been accepted by the church in the first place. If we clearly teach that any marriage entered into after divorce (with no anullment) is wrong, adulterous, and invalid why also have to get an anullment if it is clearly shown in existing church teaching to be invalid? Would it be as easy as simply noting that it took place and declaring it invalid due to the circumstances or would they look more deeply into the matter.
Also I was wondering if people are ever afraid to seek anullments because it would make their children illigetimate?
Thirdly I was wondering how often the church refuses to grant the annulment if they find that there is no reason to grant it because the marriage was indeed valid.
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CajunRick
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| Joined: | Fri Sep 29th, 2006 |
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| First Name: | Rick (& Kermie) | | Gender: | Male | | Faith History: | Lifetime Catholic, Latin Rite |
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Posted: Thu Apr 19th, 2007 03:33 pm |
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brian wrote: I guess that makes sense but it seems weird to declare invalid a marriage which could never have been accepted by the church in the first place. If we clearly teach that any marriage entered into after divorce (with no anullment) is wrong, adulterous, and invalid why also have to get an anullment if it is clearly shown in existing church teaching to be invalid? Would it be as easy as simply noting that it took place and declaring it invalid due to the circumstances or would they look more deeply into the matter.
Normally that is exactly what would happen. Declaring the first marriage invalid does not make the second valid, but the invalidity still needs to be recognized. Every marriage (including invalid ones) are considered a sacrament until judged otherwise.
Also I was wondering if people are ever afraid to seek anullments because it would make their children illigetimate?
Yes, and often children oppose their parents' annulment for the same reason. It is not a valid reason as illegitimacy is a legal concept and the parents were legally married. As far as the Church is concerned, a presumption of validity is enough to make the children legitimate:
From the Code of Canon Law:
Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.
Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.
§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.
Can. 1139 Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.
Can. 1140 As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.
So illegitimate children are made legitimate by a valid marriage, but legitimate children are not made illegitimate by a declaration of nullity.
Thirdly I was wondering how often the church refuses to grant the annulment if they find that there is no reason to grant it because the marriage was indeed valid.
Every time.
The most recent statistics I've seen shows that about 75% of applications in the United States are judged favorably (the declaration is granted). Many more are never filed because a priest or trained lay advocate can tell by the facts that it has no chance of approval.
For example, if a man seeks an annulment because his wife of 40 years developed Alzheimer's and he divorced her to marry someone else, his petition will be denied, so there's no use filing it. A good advocate will exercise good judgment and recommend against wasting the Tribunal's time and the petitioner's money.
____________________
Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine
Rick Luquette
Luquette Lane
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