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Sunday, June 24, 2007

The Annulment: What is That?










I’m already sorry that I asked. I’m sorry that I opened this box and looked inside because this is one subject that is immensely complex

The Wikipedia dictionary describes annulment as the legal grounds for making a void able marriage null and void from the start. It is a legal apparatus for correcting a mistake that has been made due to a number of grounds. The presence of fraud, force, and bigamy means that the marriage contract was deficient. Since a marriage ceremony is a combination of legal contractility, and religious faith, in many cases, the usual rules of contract apply.

In order to have a contract that is legally binding, the elements of good faith, competence and mental capability to enter into an agreement, consideration, and free will must all be present. Should fraud, force, illegality or prohibition by other statues exist, there can be no validity to the contract. A Declaration of Nullity ab initio, (from the beginning) gives legal stamp to say that the contract never legally existed.

This raises an interesting question in the case of those families that chase the two unfortunates down the aisle at the point of the shotgun. Usually she is pregnant and her family can’t take the shame of it all. After the event, if the couple decided to do so they could sue for an annulment.

Most of the reasons to qualify for an annulment hopefully can be realized fairly on so that the shortest period of time elapses from the wedding day. In addition to the others above, the realization that one party is already married would void the marriage. I believe that actual fraud need be present, just the mistaken belief that a divorce decree absolute had been obtained, when it had not. If one partner is too young to consent, and there is no parental consent; or if there is a wilful or inability to sexually consummate the marriage; or if the marriage is prohibited by law, such as in the case of close relatives, these all give good grounds to apply for a Declaration of Nullity, and all are relatively uncomplicated. I say, relatively so, because there is bound to be a bit of a mess involved. (How’s that for an understatement?).

Where a level of complexity arises is if a child was born within the period of the supposed marriage. Since an annulment is not a divorce, which simply brings a marriage to an end, the annulment says that no marriage existed at all. Therefore the child would have been born out of wedlock and is branded illegitimate. Not so under Catholic Church Ecclesiastical Law. The church argues that the children continue to be legitimate, but that the parents have not been granted a divorce. Their marriage never existed (legally?), and it’s existence is not recognized in the eyes of the church.

I’m confused! Is this the same as having it both ways? I really am not trying to be disrespectful to the church, but this I just don’t understand, and apparently I am not alone.

Would someone who does understand what is going on please e-mail me to help me understand, so that I can help others.

E-mail me at eugene.spain@gmail.com

I would love to hear from you. Thank you in advance.






Copyright © 2007 Eugene Carmichael