It Aint Easy To Marry But Its Hard

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It Ain’t Easy To Marry But It’s Hard To Leave MARRIAGE, DIVORCE AND ANNULMENT

It Ain’t Easy To Marry But It’s Hard To Leave MARRIAGE, DIVORCE AND ANNULMENT

TOPICS FOR TODAY • 1. What makes a marriage • 2. How a Decree

TOPICS FOR TODAY • 1. What makes a marriage • 2. How a Decree of Nullity is not like a civil divorce. • 3. The basic steps for petitioning for a decree of nullity.

WHAT MAKES A MARRIAGE Marriage Is An Exclusive, Permanent Union Between a Man and

WHAT MAKES A MARRIAGE Marriage Is An Exclusive, Permanent Union Between a Man and a Woman Oriented to the Procreation and Education of Children And To the Good of the Spouses

WHAT MAKES A MARRIAGE (CONTINUED) • Consent makes marriage • Consummation cements the marriage

WHAT MAKES A MARRIAGE (CONTINUED) • Consent makes marriage • Consummation cements the marriage • Between the baptized, VALID consent + consummation = an unbreakable sacramental bond.

WHAT HAPPENS WHEN IT FAILS? • Civil courts can separate the legal consequences of

WHAT HAPPENS WHEN IT FAILS? • Civil courts can separate the legal consequences of marriage • Custody • Assets • But the sacramental consequences are not addressed. <- Sacramental Bond? ->

ANNULMENT NOT CATHOLIC DIVORCE Divorce Decree of Nullity • Treats marriage as a contract

ANNULMENT NOT CATHOLIC DIVORCE Divorce Decree of Nullity • Treats marriage as a contract • Treats marriage as a covenant • Looks at events in the marriage • Looks at courtship and wedding • Claims to dissolve the civil bonds of marriage • Declares that the sacramental bond of marriage never formed • Heard in civil court • Heard in ecclesiastic Tribunal

SACRAMENTAL BOND REQUIRES VALID CONSENT • Publicly expressed • Freely given • Between people

SACRAMENTAL BOND REQUIRES VALID CONSENT • Publicly expressed • Freely given • Between people free to marry and capable of marriage • Who have the proper intent – fidelity, indissolubility, openness to children

SACRAMENTAL BOND REQUIRES VALID CONSENT • It is the task of the Tribunal to

SACRAMENTAL BOND REQUIRES VALID CONSENT • It is the task of the Tribunal to determine the validity of consent • FREELY given in proper FORM • FREE to MARRY and CAPABLE of MARRIAGE • Proper INTENT – EXCLUSIVE, INDISSOLUBLE, Open to CHILDREN

SIX STEPS TO PETITION • Consult with an Advocate • Fill in the required

SIX STEPS TO PETITION • Consult with an Advocate • Fill in the required paperwork and gather the necessary documents • Find people to act as witnesses in your case • Submit the documents to the Tribunal • Review the Acts (optional) • Wait until there has been an affirmative ruling before making any wedding plans

WHERE TO FIND THE FORMS YOU NEED • http: //www. dwc. org/dioce se/resources/all-files-andforms/cat_view/148 marriage-forms.

WHERE TO FIND THE FORMS YOU NEED • http: //www. dwc. org/dioce se/resources/all-files-andforms/cat_view/148 marriage-forms. html

PAULINE PRIVILIGE • BOTH parties were unbaptized • The OTHER party is still unbaptized

PAULINE PRIVILIGE • BOTH parties were unbaptized • The OTHER party is still unbaptized • Your party has been or will be BAPTIZED • A new marriage dissolves the prior bond

LACK OF FORM • At least one party was Catholic at the time •

LACK OF FORM • At least one party was Catholic at the time • No dispensation/permission was granted • Was not performed by a Catholic priest, deacon or appointed lay minister

PRIOR MARRIAGE – NON CATHOLIC If Felix marries Sue Divorces Sue Marries Anne Divorces

PRIOR MARRIAGE – NON CATHOLIC If Felix marries Sue Divorces Sue Marries Anne Divorces Anne can petition on the ground of Ligamen When she wants to marry Dave!

FORMAL CASE • Any wedding between non-Catholics OR • At least one Catholic party

FORMAL CASE • Any wedding between non-Catholics OR • At least one Catholic party • Celebrated according to form • No obvious impediments

TRIBUNAL PROCESSES - 1 • Review paperwork for completeness • Determine if the case

TRIBUNAL PROCESSES - 1 • Review paperwork for completeness • Determine if the case has merit • Issue Decree of Acceptance • Issue Decree of Formation (Names Tribunal Officials) • Notify Parties

TRIBUNAL PROCESSES - 2 • Contestatio Litus • Cite Witnesses • Wait for Witness

TRIBUNAL PROCESSES - 2 • Contestatio Litus • Cite Witnesses • Wait for Witness reply • Declare the Case closed • Publish the Acts • Defender’s Animadversiones • Judgment – Sentence • Appeal (Optional)

Questions? 17

Questions? 17