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brian
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| Joined: | Fri Sep 29th, 2006 |
| Location: | Chicago South Burbs, Illinois USA |
| Posts: | 803 |
| First Name: | brian | | Gender: | Male | | Faith History: | methodist, evangelical, anglican, catholic |
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Posted: Mon Jun 25th, 2007 03:04 am |
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An anullment is the same thing as a Decree of Nullity, correct?
My father keeps insisting to me that a priest tells him there is a different term called anullity or something like that in caases where someone was clearly married illicitly like a Catholic being married by a justice of the peace. But I am thinknig what he means is that maybe there are different terms for the resons why marriages are declared invalid, but even if it is easy or hard it is still called a Decree of Nullity and nothing else no matter which reason a person who got married legally can be seen as unmarried sacramentally.
Also I did find a term called lack of form or defect of form for this circumstance, but just because it is labeled a lack of form, does that mean it is different than a decree of nullity? Or is it still the Decree of Nullity for resons of defect of form? Is there any other title for these things or in every case a person needs to have a marriage seen as invalid is it always going to be found through the process of and termed a Decree of Nullity regardless of why it is granted?
Also, is there anything in the Catechism or canon law saying that only baptized persons marrying eachother is valid? I am pretty sure a Catholic can marry an unbaptized erson sacramentally, but do they need extra permission?
Brian
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CajunRick
Network Helper
| Joined: | Fri Sep 29th, 2006 |
| Location: | Houma, Louisiana USA |
| Posts: | 5348 |
| First Name: | Rick (& Kermie) | | Gender: | Male | | Faith History: | Lifetime Catholic, Latin Rite |
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Posted: Mon Jun 25th, 2007 08:43 am |
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brian wrote: An anullment is the same thing as a Decree of Nullity, correct?
Yes. The term "annulment" is a common one. The proper term in the Church is "Decree of Nullity".
My father keeps insisting to me that a priest tells him there is a different term called anullity or something like that in caases where someone was clearly married illicitly like a Catholic being married by a justice of the peace. But I am thinknig what he means is that maybe there are different terms for the resons why marriages are declared invalid, but even if it is easy or hard it is still called a Decree of Nullity and nothing else no matter which reason a person who got married legally can be seen as unmarried sacramentally.
A Decree of Nullity is a recognition that the original consent was defective. Any legal marriage is presumed valid until declared otherwise by the marriage tribunal. Every putative marriage must be judged and declared invalid by a tribunal before a subsequent marriage can be validly contracted.
Also I did find a term called lack of form or defect of form for this circumstance, but just because it is labeled a lack of form, does that mean it is different than a decree of nullity?
No. Defect of Form or Lack of Form is the technical term for a marriage by a Catholic that does not meet Church requirements, such as the presence of an official witness. Such declarations are much simpler and often processed more quickly, but they are still Declarations of Nullity.
Or is it still the Decree of Nullity for resons of defect of form? Is there any other title for these things or in every case a person needs to have a marriage seen as invalid is it always going to be found through the process of and termed a Decree of Nullity regardless of why it is granted?
The process may vary slightly from diocese to diocese, but the result (if granted) is always called a Decree or Declaration of Nullity.
Also, is there anything in the Catechism or canon law saying that only baptized persons marrying eachother is valid? I am pretty sure a Catholic can marry an unbaptized erson sacramentally, but do they need extra permission?
A marriage between a baptized person and an unbaptized person is not sacramental; it is called a "good and natural" marriage and is recognized by the Church. Yes, permission is required but it is obtained by the priest and the process is usually transparent to the couple. The permission is for the priest to perform the ceremony, and every marriage between a Catholic and a non-Catholic requires permission.
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Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine
Rick Luquette
Luquette Lane
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