Annulment: The Wedding That Was : How the Church Can Declare a Marriage Null

by Foster, Michael S.

• ISBN13: 9780809138449
• ISBN10: 0809138441
• Format: Paperback
• Copyright: 1999-04-01
• Publisher: Paulist Pr

Summary

A primer on how the church determines nullity of marriage and the mechanics of canon law process. An academic catalog selection.

Table of Contents

Introduction	1	(10)
Part I: The Right to Marry
What is marriage?	11	(3)
Who has the right to marry?	14	(1)
What prevents a person from marrying in the Church?	14	(2)
Is a divorced person free to marry in the Church regardless of a prior marriage?	16	(1)
What is meant by the impediment of impotence?	16	(2)
If a man and woman are related to one another, can they marry?	18	(1)
How old do you have to be to marry validly?	19	(1)
Can a Roman Catholic marry a person of another faith who is not baptized?	20	(1)
What happens if a priest, religious sister or brother marries; is it valid?	21	(2)
What crimes before marriage prevent a person from marrying in the Church?	23	(2)
What is civil annulment; civil divorce?	25	(1)
If the State permits divorce, why won't the Church?	26	(1)
How does the high rate of divorce in the United States affect the Church?	27	(2)
How can the Church respond to the needs of the divorced?	29	(6)
Part II: The Public Dimensions of Marriage
Is marriage solely a private matter between two individuals who love one another?	35	(1)
What are the scriptural foundations of marriage?	35	(3)
What are some key historical developments in the Church's teaching on marriage?	38	(3)
What are the central theological elements of marriage in Church teaching today?	41	(1)
What is the marital covenant?	42	(1)
What is the sacrament of marriage?	43	(2)
How is God's grace operative in the ``sacred bond'' of marriage?	45	(1)
If love dies, does the sacrament cease?	46	(1)
Is the priest the minister of Christian Marriage?	47	(1)
How does marriage come into existence legally?	48	(1)
What is meant by the expression, ``marriage enjoys the favor of the law''?	48	(1)
Can a nonconsummated marriage be dissolved by the Church?	49	(1)
Can a good and natural marriage be dissolved by the Church?	50	(7)
Part III: The Diamond of Consent
What is consent?	57	(2)
What is the legal theory behind a declaration of nullity based on defective consent?	59	(1)
How are cases decided?	60	(2)
What is lack of due reason?	62	(1)
What is a grave lack of discretion of judgment?	62	(2)
What does it mean to declare a marriage null on the ground of a lack of due competence?	64	(2)
What does it mean when a marriage has been declared null on ignorance?	66	(2)
What does it mean to be in error regarding the ``person''?	68	(1)
What is an error regarding a ``quality'' of a persons?	69	(2)
What if a person is deceived on the wedding day?	71	(2)
What does it mean to be in error concerning the unity, indissolubility or sacramental dignity of marriage?	73	(2)
What does it mean to ``simulate'' marriage?	75	(2)
How is an intention against children manifested?	77	(3)
What is an intention against fidelity?	80	(2)
What is an intention against perpetuity?	82	(2)
How is an intention against the ``good of the spouses'' manifested?	84	(2)
What is an intention against the sacramentality of marriage?	86	(3)
How would a condition placed on consent render a marriage invalid?	89	(2)
What does it mean when a marriage is declared null on force and fear?	91	(2)
What is defective convalidation?	93	(6)
Part IV: The Church As Witness
What is the proper ``form of marriage''?	99	(2)
Who is the proper official of marriage?	101	(1)
Who is bound to the form of marriage?	101	(1)
Are non-Catholics bound to the form of marriage?	102	(1)
What is a ``defect of form'' case?	103	(2)
What is a ``lack of form'' case?	105	(2)
What happens if a couple is happily married, but it is discovered that the marriage is invalid in law?	107	(6)
Part V: The Tribunal and Court Officials
What is a tribunal; what are its different levels?	113	(1)
What is the role of the bishop over the diocesan court?	114	(1)
Can any Church court hear any marriage case?	115	(3)
Who are the judges?	118	(1)
What is the role of the judge?	119	(1)
What is the role of an advocate?	120	(1)
What is the role of a procurator?	121	(1)
What is the role of the defender of the bond of marriage?	122	(2)
What is the role of an ``expert'' witness?	124	(5)
Part VI: Participating in the Tribunal Investigation
Who is the petitioner?	129	(2)
Who is the respondent?	131	(1)
What is the role of witnesses in the investigation?	132	(3)
What are the stages of a tribunal investigation concerning marriage?	135	(2)
What is a ``formal petition'' for nullity?	137	(1)
What is the ``citation'' of the respondent?	138	(1)
What is the ``Publication of the Acts''?	139	(2)
What is the impact of the judge's sentence in the Court of First Instance?	141	(2)
What is the ``appeal'' process?	143	(2)
What are the types of time limits in the tribunal proceedings	145	(1)
Are there any fees associated with the processing of a case?	146	(2)
Why are the proceedings confidential to those outside of the case?	148	(5)
Part VII. Personal and Family Effects of a Declaration of Nullity
What is a ``putative'' marriage?	153	(1)
Is the grace of God operative in a putative marriage?	154	(2)
Are the needs of children taken into consideration when a declaration of nullity is granted?	156	(1)
Does the tribunal process judge the character of the parties to a case?	157	(2)
What is a ``prohibition'' regarding any future marriage?	159	(2)
What if it can be proven that the final decision was based on perjured testimony?	161	(1)
How is the process emotionally healing?	162	(2)
How is the process emotionally harmful?	164	(4)
How is the process spiritually crippling; spiritually healing?	168	(2)
Is the tribunal process scandalous?	170	(5)
Part VIII: Dispelling Misconceptions
Are ``annulments'' simply ``Catholic divorces''?	175	(1)
Does an ``annulment'' wipe the marriage away?	176	(1)
May a divorced Catholic who has not remarried receive holy communion?	177	(1)
Is marriage the only sacrament that can be declared null?	178	(2)
Is it true that marriages of long standing, with children, can be declared null?	180	(1)
Does the Church declare null the marriages of non-Catholics (whether Christian or unbaptized)?	181	(1)
Is every case brought before a tribunal granted in the affirmative?	182	(1)
Is a marriage rendered null by the Church after the decision of only one court?	182	(1)
Do declarations of nullity take years to complete?	183	(1)
Don't declarations of nullity cost thousands of dollars; doesn't the Church make money from them?	183	(1)
Is it easy to receive a declaration of nullity?	184	(1)
Do Declarations of nullity render children illegitimate?	185	(1)
How does the Church manifest its care for children after a divorce and before a remarriage?	186	(1)
When it comes to an affirmative decision, is it true that it only matters who you are or who you know?	187	(1)
Does the Church care about what a person has endured in the marriage?	187	(1)
There have been so many declarations of nullity granted in the United States recently; is justice really being served?	188	(3)
Glossary	191	(2)
Notes	193	(10)
Index	203