- Feb 5, 2002
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Q: I know the Church investigates divorces and grants a “Decree of Nullity” if there is sufficient evidence of some foundational issue with the marriage, such as deception, unwillingness to have children or emotional problems. But what about cases where there was an affair/adultery and where the cheating spouse admits it? Would this involve annulment too, or would/could the church grant a divorce? (Indiana)
A: The quick way that I usually like to explain this is that while infidelity in and of itself is not a cause of marital nullity, it can be a “symptom” of one of these causes.
As you correctly note, a declaration or decree of nullity — sometimes popularly but inaccurately called an “annulment” — can be issued by a Catholic marriagetribunal in situations where an apparent marriage was found to never have been valid and binding in the first place. While in the big picture truly null marriages (that is, as opposed to valid marriages that failed) are relatively rare, there are many reasons why a union may have been invalid. These reasons are technically called “grounds.”
Grounds can range from the more dramatic, like kidnapping (see Canon 1089of the Code of Canon Law) or marrying under threats of violence (Canon 1103); to the more common and mundane, like certain kinds of psychological issues (see Canon 1095).
Continued below.
www.oursundayvisitor.com
A: The quick way that I usually like to explain this is that while infidelity in and of itself is not a cause of marital nullity, it can be a “symptom” of one of these causes.
As you correctly note, a declaration or decree of nullity — sometimes popularly but inaccurately called an “annulment” — can be issued by a Catholic marriagetribunal in situations where an apparent marriage was found to never have been valid and binding in the first place. While in the big picture truly null marriages (that is, as opposed to valid marriages that failed) are relatively rare, there are many reasons why a union may have been invalid. These reasons are technically called “grounds.”
Grounds can range from the more dramatic, like kidnapping (see Canon 1089of the Code of Canon Law) or marrying under threats of violence (Canon 1103); to the more common and mundane, like certain kinds of psychological issues (see Canon 1095).
Countering an ‘essential element of marriage’
Continued below.
Does the Church grant annulments in cases of marital infidelity?
Learn how the Catholic Church views infidelity in marriage, and when adultery might lead to a Decree of Nullity or annulment.
www.oursundayvisitor.com
