Grounds For Annulment; What Happens When Annulment Is Denied?

[Guest sbh]

What are grounds for annulment of a Catholic marriage?

If a petition for annulment is denied, what becomes of the Catholic who wishes to actively continue practicing his Catholic faith with a second spouse? How does the Church view the second marriage? What about children of the second marriage?

Thank you for the time you take to answer.

[cappie]

The Church views marriage as a covenant for life that cannot be severed. However, some marriages are entered into without the necessary maturity or full knowledge and ability to keep such a permanent commitment, or without full free will because of external pressures. Therefore, a person has the right to ask the Church to examine a previous marriage to see if it was less than what the church views as a valid marriage, a freely chosen commitment between two mature, knowledgeable and capable adults to enter a covenant of love, for life, with priority to spouse and children.

A Catholic annulment is a declaration from a diocesan Tribunal that the marriage bond was less than such a covenant for life because it was lacking something necessary from the very beginning. One or both parties may have entered the marriage with good will, but lacked the openness, honesty, maturity, fully free choice, right motivation, emotional stability, or capacity to establish a community of life and love with another person. If an annulment is granted, then both parties are free to remarry in the Church, however, for pastoral reasons, counseling may be required prior to marriage in order to prevent the parties involved from repeating mistakes. The legitimacy of the children is NOT affected in any way. There was an assumption of marriage at the time; therefore the standing of children is never affected by an annulment

As to refusal of the annulment, this means that the first marriage has been judged to be sacramental and therefore it cannot be dissolved in favor of the second civil marriage, the catholic person would not be able to receive Holy Communion, it would not effect the chldren of the second union however.

[CatherineM]

When I had clients whose annulments were denied, they were given the option of appealing. Just like a regular court system, there is more than one layer. As an example, the Archdiocese of Oklahoma City handles the appeals of not only their archdiocese, but also the dioceses of Tulsa and Little Rock. Eventually, cases can be reviewed by Rome. Most appeals I saw were not of declined annulments, but of granted ones where one party didn't want the annulment granted. It isn't the second marriage that keeps you from being in full communion with the church, it is the sex with someone who is not your sacramentally recognized spouse. You always have the option of living platonically with your second spouse. I have also heard priests talk about handling such things pastorally. I believe they meant having them go to confession before mass indefinitely. These issues are very complex, painful, and each one is different. If you have a specific case, just talk to your pastor, and he can start you on the process.