Make Text Larger Make Text Smaller Email this Article to a Friend Print this Article

Pope asks Vatican court to review rules on annulments

Published: January 30, 2013

Pope Benedict XVI has asked the Vatican's highest appeals court to consider reviewing church rules on marriage annulments - a statement that may signal a change in tone more than a change in substance, according to a Religion News Service report on NCR Online.

Speaking on the weekend to the members of the tribunal of the Roman Rota, Benedict said "lack of faith" on the part of the spouses can affect the validity of a marriage.

While the Catholic church forbids remarried divorcees from taking Communion, church tribunals can declare a marriage void if it can be demonstrated that some key elements - such as a commitment to have children - were missing in the first place.

Catholics who obtain an annulment for their first marriage can then remarry without facing church sanctions.

In his speech to Rota judges, Benedict stressed he wasn't suggesting an automatic link "between the lack of faith and the invalidity of marriage," but seemed to equate a "lack of faith" with other justifications for an annulment.

The pope said he wanted to "draw attention to how such a lack may, although not necessarily, also hurt the goods of marriage," since faith in God is "a very important element for living in mutual dedication and conjugal fidelity."

For the pope, the issue requires "further reflection," especially in the light of today's secularized culture that puts little faith in a person's ability to make lifelong commitments.

According to Miguel Angel Ortiz, a professor at the Pontifical University of the Holy Cross in Rome, Benedict wasn't so much addressing the specific issue of remarried divorcees but addressing the relation between the spouses' personal faith and the validity of marriage, including its commitment to fidelity.

FULL STORY Pope Benedict asks Vatican court to review rules on annulments (NCR)

 

Response to articles is welcome. Simply follow the prompts to post your comment. No posting of more than 250 words will be published. While critical comment on stories and issues is welcomed, postings that descend to personal attacks on or impugn the integrity of other commentators will be blocked. Please use your own name, or initials, eg John Brown, or JB, or JAB, or Johnny. You are also required to add your location - as in, Sunshine, Victoria. Please provide your email address in the line supplied, followed by your contact phone number. These are requested for identification purposes only and will not be published. If you have any problems, please email news@cathnews.com


 


Recent Comments

  1. Too little, too late

  2. As an annul-ee, I humbly suggest that marriage failure is, in the main due, to the 'damage' one person or both persons have sustained in their development.
    That 'damage' could be spiritual, mental, emotion/psychological or physical, or some combination of any or all of them.
    To successfully sustain a marriage requires a strong maturity of personality and, when that is not the case, the pressures of life can tip the balance against faithfulness and commitment.
    After thirty years now as a celibate single, my reflection is that the greatest problem my husband and I had in sustaining the marriage was personal immaturity - especially as this was not recognised by either of us, either in ourselves or in the other.
    Our annulment was granted on these grounds.
    I can honestly say that lack of Faith or love of God was not the main issue - we were, and are still, fully committed and practicing Catholics.

  3. In 1982, the late Fr John English SJ told a group of us in the Jesuit Retreat House, Guelph, Ontario, Canada, that from time to time individuals whose marriages had been declared null and void by the Church came to him for counselling.
    These were persons who knew in their hearts and souls that their marriages had been genuine. They hadn't sought the declaration of nullity and knew it to be a sham.
    This is another aspect of this painful and difficult area that is seldom mentioned.

  4. After 27 years of marriage, I agree with Helga that maturity and preparation is very important to start a good marriage.
    Also that age does not necessarily a predictor of maturity.
    I also believe that you have to be prepared to share and compromise and be ready for life to throw some surprises your way. Because I was idealistic and life just doesn't run that smoothly.
    I am still married. My husband is not Catholic, but has supported me in my faith and all our children are Catholic. So I don't think it is faith alone.
    As for annulments, they are known to be a sham and if you have the money you can acquire one. Example: Princess Caroline of Monaco and I know of more. I believe there is need for divorce in some circumstances.

  5. Please print a correction to your article: the Church does not teach that a remarried divorced person cannot receive communion.
    It teaches that a divorced remarried person who is having sex with someone other than their original spouse cannot present themselves for communion since they would be committing the sin of adultery. Remarried divorces living chaste lives may receive communion.

  6. Maybe the Church will confront modern reality.

  7. Sean: I find it strange to hear you say the Catholic couple you refer to hadn't sought the declaration of nullity.
    If a marriage is annulled by the Church (as mine was years ago) the couple have to gain a divorce first (if they choose to) and their marriage is only examined by the church if the couple ask it to! Maybe you are referring to something else??
    Cate: with respect, you don't seem to be speaking from any experience of annulment.
    It is not automatically a sham.
    The Catholic Church has annulled, I would think by now, hundreds of thousands of marriages (although, as you probably know, many ask for an annulment and it is not granted because the Tribunal determins a genuine marriage existed from the start). Each couple who receives an annulment pays a small fee to cover the time taken to interview relevant people.
    So, you are mistaken in saying anyone can get an annulment as long as you have the money. I bet there have been couples whose request for an annulment was rejected (after examination) who would have gladly paid heaps of money if that was all that was involved!
    Can I suggest you look a little deeper and stop quoting the old Princess so and so line. You are actually implying, BTW, that Pope Benedict, by not getting rid of annulments, is somehow involved in a sham, which is nonsense.

  8. I hope I am not raising a topic that can get a Bishop relieved of his office, like women priests.
    To talk about the lack of faith may hurt the goods of marriage is very important.
    I remember cautioning a young man (24 yrs) back in the 1960s who claimed to be an agnostic, against rushing into marriage with young devout catholic girl.
    But I love her, he insisted.
    Well, I said rather pompously, I hope your love can overcome your lack of faith.
    They did get married. They are still married after 47 years. He is still an agnostic. She is still a devout catholic. As far as I know their children and grandchildren are all catholics.
    To me the crucial element in christian marriage is love. Faith helps but love conquers.
    Marriages fail for a variety of reasons. One of the most common in my experience is that one or both partners fall out of love with one another.
    Limiting the opportunity for couples to be freed from the marriage bond by saying the bond was never there in the first place (for whatever reason - immaturity, deception, false motive) which basically is what annument is all about overlooks the fact that faith and love can die. In much the same way faith and love can die for a consecrated religious (a bride of Christ).
    I think Greg is right. Concentrating on faith is too little, too late.

  9. Mike Yates: I think you've missed the point of Fr Coyle's post.
    He was drawing attention to the real distress people might feel at not being able to go along with this whole concept of annulment.
    They had no reason to doubt that they had been married the first time; in all practical, emotional and psychological ways (what other ways mean anything?) they had been married. Their consciences would not allow them to go through what they felt was a device or charade to get them off the hook. Yet they suffered because they clearly could not continue in that first marriage and effectively the Church was saying 'unless your putative marriage is annulled, you are excluded and any relationship you have is sin.’
    Your experience and result of annulment is clearly a happy one. These people would not be happy if their first ‘marriage’ was annulled because they think it would be a colossal lie.
    The canonical subtleties of pronouncing that no sacrament took place in face of the daily experience of lived conjugality are lost on these people and are incomprehensible to many more.
    There are only two positions that pay due respect to the existential reality of conjugal relationship as it is experienced - either that the first-time vow is always paramount and no going back is ever to be allowed or recognised; or that marriage is not at all permanent but a day-by-day proposition and only as permanent as the partners make it.

  10. Before maintaining a lifetime obligation, it is important to verify there was a real marriage. Thus, the annulment process.
    Yes, two people thought they intended to get ‘married’ and participated in a marriage ceremony.
    For example, marriage absolutely includes the acceptance of children from the conjugal union, if either or both of had agreed beforehand that, ‘there would be no children’, then no marriage occurred, because they accepted only the name of marriage while rejecting its reality.
    Ditto if either or both didn’t accept the vow, ‘Until death do us part,’ intending to divorce if things did not work out.
    Sadly, there are cases where the annulment process appears to be a sham. I was present when a priest stated publicly that he viewed his task as 'Defeating the bureaucratic obstacles to giving the petitioner an annulment.'
    That priest did not seem to understand that the task the Church had entrusted to him was to establish the truth about whether a real marriage had or had not occurred.
    The natural presumption is that a real marriage had occurred unless some hard evidence could be produced to establish that it had not.
    In recent years, recognition that if a ‘marriage’ appears to be totally dead, that condition could be at least minimal evidence that perhaps a marriage had never existed. The failure of the marriage is not conclusive evidence in itself.
    But it does invite a reasonable and careful examination of the facts of the issue.


Bookmark and Share

More from this section

  1. Indian Catholics cry foul over priest allegation

    Indian Catholic leaders are questioning the investigation of a Salesian priest accused of molesting a minor girl in Pune, reports Ucanews.

  2. Passion drives new Brisbane education director

    All Pam Betts ever wanted to be was a teacher, and the dream has finally become reality. Thirty years on, the Brisbane southside girl, a proud and passionate old girl of St Elizabeth's Primary School, Ekibin and Our Lady's College, Annerley, has just taken over the reins of the top job at Brisbane Catholic Education, reports The Catholic Leader.

  3. Vatican museums boss laments 'brutal sacking' of library

    The director of the Vatican's museums has warned Italy's cultural heritage is ''vanishing'' after prosecutors in Naples said two more people had been arrested on suspicion of taking part in a ''premeditated, organised and brutal'' sacking of the city's 16th century Girolamini Library, says a report by the Guardian in The Age.

  4. Catholic hospitals fear abortion claims under anti-discrimination laws

    Catholic hospitals fear patients will use new anti-discrimination laws to demand abortions, vasectomies and IVF treatments now banned for religious reasons, reports The Courier Mail.

  5. Townsville Catholics gather in prayer for Bishop Putney

    A Mass to pray for Bishop Michael Putney has overflowed Townsville's Sacred Heart Cathedral with more than 1000 people attending. The people gathered to pray for the bishop who has been diagnosed with inoperable stomach cancer which has also spread to his liver, reports The Catholic Leader.

    .

Church Resources provides a range of services for the Church and not-for-profit sector, including aggregating buying power for a wide range of products and services used by health, welfare, aged care, education and parish organisations. More »

Mass streamed live daily

From Our Lady of the Rosary Cathedral, Waitara, in the Broken Bay Diocese.
Weekdays live at 9.30am
Saturdays live 9.30am (followed by Adoration and Benediction)
Sundays live 9.30am
Click on this link at the appropriate time to connect.

Subscribe

To receive headlines from our faith-based news services, please subscribe below.

Email address

Newsletter


 

News Feed

Subscribe to the CathNews RSS feed to get the daily edition automatically delivered to you.
Subscribe to Faith Project RSS.