Jenny, thank you for your erudite and detailed reply. Yes, there are some real tragedies that are encompassed in your arguments. It is a pity that the laws of the land can be more draconian than Canon Law ever could be.
Thank you, Gayle, for reminding us of this truth! Also if a person is deceived about the nature of their partner; Code of Canon Law 1098 states: "A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life."
Additionally, Code of Canon Law 1102.2 discusses the necessity of the good intention of the spouse. "If either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly." The Diocese of Bismarck elaborates on this canon by stating, "Intention Against the Good of the Spouse describes a situation where at the time of the decision to marry, you and/or your ex-spouse married intending, either explicitly or implicitly, not to form a mutually giving union. This may include infidelity, abuse, neglect, non-support, irresponsibility and/or a lack of mutual love and respect."
This canon also addresses the issue of an intention against infidelity, for example if a pornography addiction exists before the marriage took place and continues after marriage.
As someone who had an annulment I believe that just means the canon lawyers are the ones who look over all the information in order to allow for an annulment in the Catholic church. I am pretty certain that term might not be proper, but it is the canon lawyers who handle all the paperwork.
That's all I could really figure too. The person who said it is very active in church activities and I think maybe wanted to not use the word annulment. I don't know. Thank you for your input!
Jenny, thank you for your erudite and detailed reply. Yes, there are some real tragedies that are encompassed in your arguments. It is a pity that the laws of the land can be more draconian than Canon Law ever could be.
Also, if one party is of unsound mind, then the marriage cannot be valid. Hence, an annulment is necessary.
Thank you, Gayle, for reminding us of this truth! Also if a person is deceived about the nature of their partner; Code of Canon Law 1098 states: "A person contracts invalidly who enters into a marriage deceived by malice, perpetrated to obtain consent, concerning some quality of the other partner which by its very nature can gravely disturb the partnership of conjugal life."
Additionally, Code of Canon Law 1102.2 discusses the necessity of the good intention of the spouse. "If either or both of the parties by a positive act of the will exclude marriage itself, some essential element of marriage, or some essential property of marriage, the party contracts invalidly." The Diocese of Bismarck elaborates on this canon by stating, "Intention Against the Good of the Spouse describes a situation where at the time of the decision to marry, you and/or your ex-spouse married intending, either explicitly or implicitly, not to form a mutually giving union. This may include infidelity, abuse, neglect, non-support, irresponsibility and/or a lack of mutual love and respect."
This canon also addresses the issue of an intention against infidelity, for example if a pornography addiction exists before the marriage took place and continues after marriage.
(https://bismarckdiocese.com/documents/2017/12/GroundsExplanation.pdf)
Most helpful!
I recently heard about a canonical divorce. What is that?
As someone who had an annulment I believe that just means the canon lawyers are the ones who look over all the information in order to allow for an annulment in the Catholic church. I am pretty certain that term might not be proper, but it is the canon lawyers who handle all the paperwork.
That's all I could really figure too. The person who said it is very active in church activities and I think maybe wanted to not use the word annulment. I don't know. Thank you for your input!
I'm not sure, Jamie. I've never heard of a canonical divorce, I'm not even familiar with the term. I'm sorry I can't help!