When a wedding does not result in a marriage

by Sr. Kathleen Bierne

Today, problems with marriage and the Catholic church focus on tradition and law which allow for a declaration of invalidity (an annulment) stating that a wedding did not result in a marriage bond.

When a marriage ends in a civil divorce, the question asked is whether the wedding that was celebrated produced a marriage bond that continues to hold both Parties to a lifetime commitment. Did that wedding bring about a marriage "in the Lord"? Reasons expressed why people do not seek a declaration of invalidity include: presumed exorbitant cost; their knowledge that they intended the marriage to be permanent; fear that such a declaration might affect the legitimacy of their children, and a general lack of understanding of what is required for valid consent in the covenant that we call "the sacrament of matrimony".

The position of the Catholic church in the intimate relationship called matrimony, has always been problematic. In examining these problems, it is helpful to realize that following the Protestant Reformation and the Council of Trent, the church was intent on protecting marriage as a sacrament and/or the faith of the Catholic person. Consequently, prior to the changes brought about by the second Vatican Council, many Catholics could name family members who married across denominational lines and were not allowed to speak their vows in the body of the church. Understandably, many such unions began with resentment toward the Catholic church. Marriage law at that time was upholding the institution of marriage, but unfortunately was insensitive to both ecumenism and the conscience of the spouse of another Christian tradition. Thankfully, the "protective" but punitive laws of Trent have been eradicated or modified. In fact, since 1971, a Catholic can receive a dispensation from the required form for a Catholic marriage, and be married in another denomination, with that pastor witnessing the vows.

Following a civil divorce either of the persons involved can ask the Catholic Church to study that marriage. This procedure is handled by an official body called the Tribunal. The purpose of such a study is to see if there is evidence that something was, at the time of the wedding, missing in the understanding, intention, commitment and/or ability of the Parties to give full and unconditional marital consent. This study is what is popularly, but inaccurately, referred to as "an annulment". It really is a declaration which the judge, representing the Bishop, makes following the examination of the facts presented. Contrary to the many myths about the Tribunal process, declarations are issued not because someone "deserves" one, pays for one, or is a "good Catholic", but because there is evidence to overturn the presumption that every marriage, properly contracted, is valid. The statistics in the United States indicate that only one out of ten marriages, which involve a Catholic Party and have ended in divorce, ever come to a Tribunal for the purpose of examining the binding force of that union. The lack of utilization of the Tribunal process is to a great extent due to inaccurate information about both the church’s theology of marriage and the role of the Tribunal throughout history and in current church practice.

The decision to begin a study of a failed marriage is a very personal one, often reluctantly initiated by an impending second marriage and the desire to have that union "blessed" or validated by the Catholic Church. It is the hope of those who work with the Tribunal process in the Diocese of New Ulm, that such a decision is made with accurate information.