Marriage and the Catholic Church, Part 5

When it comes to marriage, you may be surprised to learn that the Catholic Church begins with the presumption that all marriages are valid in the eyes of God. The Church considers the marriages of any man and woman – be they Baptist, Muslim, or even non-believers – to be binding, and a divorce in those cases would also require Church annulment. But…why would someone of another faith (or no faith) seek a Church annulment? This usually occurs when a Catholic is involved. Perhaps the Catholic is engaged to a non-denominational Christian who was previously married. When the couple approaches the Catholic Church for marriage, one of the first questions they will be asked is “Have you ever previously been married, or attempted marriage, even a civil marriage?” If the answer is yes, then the question of annulment must be explored. The response from the couple is usually something like, “But the marriage didn’t take place in the Catholic Church!” Just as the Catholic Church recognizes the validity of Presbyterian, Methodist, and Lutheran baptism, so the Church presumes that a marriage is valid until proven otherwise.

When a couple separates and divorces, and then begins the annulment process, the Church looks at the marriage in detail. If it is determined that something essential was missing from the couple’s relationship at the time of consent, then the Church issues a declaration of nullity, and both are free to marry again in the Catholic Church.

What are grounds for annulment in the Church? The most common reasons are lack of due discretion and no intention to have children, be faithful, or remain together until death. More specifically, a couple may marry quickly because of pregnancy, only to realize later the lack of wisdom in that decision. Or one spouse brings an addiction to alcohol or drugs into the marriage. Or a person, unfaithful during dating and engagement, continues the infidelity after marriage. In cases like these, the tribunal, the Church court, may decide that something prevented the consent to marriage from being sound or binding.

Does annulment mean that children born during the marriage are now considered illegitimate? Absolutely not. The parents presumably entered into a valid marriage. Children from that union are, therefore, their legitimate offspring. Legitimate means “legal.” The civil divorce and the Church annulment do not alter this situation.

You cannot “buy” an annulment. Those seeking an annulment may be asked to help with part of the expenses because maintaining a tribunal, with a professional staff, is expensive. But no one is denied an annulment because of an inability to pay.

So ends our series of 3-Minute Catechesis on Marriage and Annulment. For more information, contact a priest or deacon!