Showtime is currently showing a hit series called “The Tudors.”
This program is based on an important chapter in English history,
the attempt of King Henry VIII in the 16th century to separate from
his first wife in order to remarry and provide a male heir to the
throne.
Showtime is currently showing a hit series called “The Tudors.” This program is based on an important chapter in English history, the attempt of King Henry VIII in the 16th century to separate from his first wife in order to remarry and provide a male heir to the throne.
His effort brings up one of the most misunderstood areas of Catholicism, the ability to end a marriage through annulment. An annulment allows both former spouses to validly remarry within the Roman Catholic Church.
According to Catholic teaching, “Marriage is a permanent partnership of a man and woman,” based upon the words of Jesus in Mark’s gospel, “What therefore God has joined together, let no man put asunder.” Because a marriage lasts until “Death do us part,” no one can enter into a second permanent partnership while his spouse is living. Even if the civil marriage contract is dissolved through divorce, “The spiritual bond continues; the couple remains married in the eyes of the Church.”
The Church does recognize there could be legitimate reasons why a wedding may not lead to a valid marriage. For this reason, canon law establishes special tribunals (courts) to investigate failed marriages to see if they were originally valid. If flaws are found, an annulment allows the parties to remarry someone else.
There are several legal grounds for annulment:
– Lack of consummation
– An “impediment” such as a previous marriage or close blood relationship
– Psychological incapacity at the time of the wedding to assume marital duties (mental disturbances)
– Presence at the time of the wedding of an intention contrary to marriage, such as refusal to have children or belief in divorce
– Presence of a “future condition” like demanding a certain income requirement or moving to a geographical location
– Psychological immaturity that kept either party from understanding the true nature of marriage.
When a marriage has failed and the parties have divorced in a civil proceeding, they can apply for an annulment, a declaration that the previous marriage was never truly valid. This process begins by contacting a parish priest, who will explain the procedure and start the necessary paperwork.
Details about the courtship, wedding and marriage’s breakdown are collected by a tribunal officer. Witnesses are contacted to verify the information. The petition is submitted to a panel of three judges (priests, religious or lay persons) specially trained in this area of canon law.
Sometimes it is said that only the wealthy can afford to get annulments. However, since all Catholics have the right to have the validity of their marriage examined, administrative fees are charged on a sliding scale, and financial assistance is available if necessary.
Another misconception concerns children of an annulled marriage. Since the Church considers children to be “a gift from God, canon law states that children born of a marriage that is later declared to be invalid are legitimate.”
According to Sister Marie Gertrude Roldan, a judge of the tribunal, the Diocese of San Jose receives approximately 120 to 130 requests for annulment investigations each year, and only a small percentage is disallowed. Those decisions may then be appealed to a tribunal in the Diocese of Stockton and even to Rome after that. The normal process may take about a year to conclude, partly because there are mandatory waiting periods for some of the steps.
Sister Marie hastens to point out that the Church emphasizes support for marriages to help them survive, rather than annulments when they fail. For example, there are marriage preparation programs like Engaged Encounter (weekend retreats where engaged couples meet to learn from priests and happily married couples about what to expect after the wedding) and FOCCUS (Facilitating Open Couple Communication, Understanding and Study), a lengthy questionnaire, the answers to which are interpreted to show what values the engaged couple share and what issues may be problematic.
The Church also provides support for those already married, such as Marriage Encounter (retreats similar to Engaged Encounter meant to strengthen healthy marriages), Retrouvaille (structured sessions for partners in troubled marriages, helping to open communication and address problems between spouses) and the Jesuit Retreat Center in Los Altos (which offers marriage counseling, courses and workshops which go far beyond what can be offered at the parish level).
