What Makes a Marriage Invalid? Very Rev. James M.

slide1. What Makes a Marriage Invalid? Very Rev. James M. Clark, J.C.L., J.V.
© Diocese of Memphis in Tennessee<br>
slide2. Essential Points If two baptized Christians enter into a valid marriage and subsequently consummate that marriage, no power on earth has the authority or ability to dissolve the bond of marriage between those two spouses. It can only be dissolved by death.
This teaching comes directly from the mouth of Jesus, who is God.
Therefore:
The only way that a baptized Christian can leave a marriage and marry someone else is if he/she can prove to a Church tribunal that the first marriage was never valid.
If the marriage was never valid, then the marriage did not really exist.<br>
slide3. Consent Makes Marriage The consent expressed by the spouses in the marriage vows makes the marriage come into existence
If the consent is valid on the day of the wedding, it can never become invalid
The fundamental question that any Catholic tribunal must determine is this: Was the marriage valid at the time of consent?<br>
slide4. Liceity vs. Validity<br>
slide5. Important Canonical Distinction: Licit vs. Valid Liceity (Legality)
If something is in accord with the law of the Church, it is said to be “licit,” which means “legal”
If something is done contrary to the law of the Church, it is said to be “illicit,” which means “illegal”
Validity
To say that something is valid or invalid refers to whether or not something had its intended effect
If something is said to be “valid,” that means that it is effective
If something is said to be “invalid,” that means that it was not effective<br>
slide6. Licit vs. Valid Certain actions in canon law can be licit or illicit, valid or invalid
Some things are illegal, but some things go further and render an act invalid
Examples:
If a priest is baptizing a baby under normal circumstances, but there are no godparents assigned to the baby, then the baptism was illicit, but valid
The baptism was illicit because the law of the Church requires at least one godparent
But the baptism was still valid (the baptism “worked”; it did what baptisms do)
If a priest is baptizing a baby, but he uses orange juice instead of water, then the baptism is illicit and invalid
In this case, not only did the priest do something contrary to the law (illicit), he also did something that invalidated the baptism (the baptism did not “work”; it was not a real baptism)<br>
slide7. Legal vs. Valid: Another Example Scenario: A couple approaches their pastor about getting married. The groom, who is in the army, is about to be deployed to a foreign country in one week. Without completing any of the required premarital investigation or other paperwork, the priest agrees to marry the couple in two days. The couple comes to their parish church along with their parents to serve as witnesses. The priest conducts the ceremony.
Is this marriage licit? No, because the law of the Church requires the minister to conduct an investigation to make sure that future spouses are not bound by previous marriages or under any impediments.
Is this marriage valid? Yes. Assuming that the bride and groom had no impediments, the marriage is presumed valid.
The priest broke the law, but the marriage is still valid.<br>
slide8. Legal vs. Valid: Another Example Scenario: A couple asks their pastor about getting married. The groom, who is in the army, is about to be deployed to a foreign country in one week. Because they do not want to delay the marriage, the bride and groom do not tell the priest that the groom was married to another woman previously and never obtained a declaration of nullity for this previous marriage. Without completing any of the required premarital investigation or other paperwork, the priest agrees to marry the couple in two days. The couple comes to the parish church along with their parents to serve as witnesses. The priest conducts the ceremony.
Is this marriage licit? No, because the priest did not complete the required investigation and because the groom has an impediment to marriage (prior bond)
Is this marriage valid? No, because the groom is already married to someone else
In this scenario, not only did the priest break the law, the marriage itself does not come into existence because the groom has an impediment to marriage<br>
slide9. What Could Make a Marriage Invalid?<br>
slide10. Three Obstacles to a Valid Marriage Lack of Canonical Form (Applies Only to Catholic Marriages)
Impediment
Defect of Consent<br>
slide11. Invalid Marriage: Lack of Canonical Form (Applies Only to Catholic Marriages)<br>
slide12. Canonical Form of Marriage: Tridentine Origin At session 24 of the Council of Trent (1563), the bishops imposed a special requirement for Catholics to get married
At this time in the Church, there were many clandestine marriages
These clandestine marriages resulted in many problems in the life of Catholics over matters such as the legitimacy of children and abandoned spouses
To avoid problems from clandestine marriage, the Church began to require that certain conditions be observed for a Catholic marriage to be validly contracted
The required conditions established by the Council of Trent constituted the “canonical form” of marriage<br>
slide13. Canonical Form of Marriage: Current Law(Applies Only to Catholic Marriages) Since the time of the Council of Trent, several adjustments have been made to the law concerning the canonical form of marriage.
Currently, canon law (c. 1108, §1) requires two essential elements for a marriage to be valid (if one of the parties to the marriage is a Catholic):
The proper assistens (witnessing minister)
&
Two witnesses<br>
slide14. Canonical Form: Assistens(Applies Only to Catholic Marriages) The minister who witnesses and receives the vows (the assistens) must be:
the local ordinary (i.e. the diocesan bishop, the vicar general)
or
the pastor of the territory where the wedding takes place
or
some other priest or deacon who has been delegated by one of the above<br>
slide15. Canonical Form: Witnesses(Applies Only to Catholic Marriages) Anyone can serve as one of the two witnesses at a Catholic wedding

(Note: If a bride and a groom stand in the Church before their pastor and exchange vows, but there are no witnesses to the ceremony, then the marriage is invalid due to a lack of canonical form.)<br>
slide16. Summary Points on Canonical Form If a wedding is celebrated in which either the bride or the groom is a Catholic, then the wedding must be celebrated according to canonical form
Canonical form requires the presence of the proper assistens (minister) and two witnesses
If a wedding is celebrated in which either the bride or the groom is Catholic, but the wedding is not celebrated with the proper assistens and two witnesses, then the marriage is invalid.<br>
slide17. Exceptions to the Requirement of Canonical Form If a Catholic intends to marry a non-Catholic, the Catholic party may request a dispensation from canonical form
The local ordinary or his delegate may grant a dispensation from canonical form if there is a serious reason to do so
The dispensation must be obtained before the wedding ceremony
If the dispensation is granted, then the parties may get married anywhere they wish and no Catholic minister is required to be present
If two Catholics intend to marry, they may only obtain a dispensation from canonical form from the Holy See
In practice, the Holy See does not give a dispensation from canonical form for two Catholics<br>
slide18. Avoiding Common Errors about Canonical Form Notice that the requirement of canonical form has nothing to do with the building in which the wedding takes place
Oftentimes, people refer to marriage according to canonical form as “getting married in the Church”
This expression actually means: “getting married in accordance with the law of the Church”
This expression is very imprecise and leads to much confusion
The Church usually requires Catholic weddings to take place in Catholic churches, but it is not absolutely required
The law regarding canonical form has nothing to do with the building where the marriage takes place; it only stipulates who must witness the ceremony
Canonical form only applies to Catholic weddings!
By “Catholic wedding,” I mean a wedding in which either the bride or the groom is a Catholic<br>
slide19. Invalid Marriage: Impediments<br>
slide20. Impediments An impediment prevents a person from validly entering into marriage
Some impediments are founded on natural law (divine law)
Natural law impediments apply to all marriages—Catholic or non-Catholic, natural or sacramental
Some impediments are founded on ecclesiastical law
Church law impediments only apply to Catholic marriages<br>
slide21. Natural Law Impediments The Catholic Church believes that some impediments to marriage come directly from God the Creator
Since they come from God and are based on his design for marriage at the beginning of creation, they apply to all marriages regardless of whether the parties are Catholic or non-Catholic, Christian or non-Christian
These natural law impediments apply to both natural marriages and sacramental marriages<br>
slide22. Some Examples of Divine Law Impediments Prior Bond (Ligamen)
Already married to someone else
If a person has already been validly married to someone else, then that person is not free to contract marriage (even if he/she has a civil divorce)
Antecedent and Perpetual Impotence
If a person is incapable of having sexual intercourse at the time of the wedding and it is a permanent condition that cannot be corrected by medical means, then the person cannot validly contract marriage
Note: This has nothing to do with sterility! Sterility is not an impediment.
Consanguinity (Natural Law)
Related by blood
If the parties are related in the direct line (i.e. parent and child; grandparent and grandchild), they cannot validly marry<br>
slide23. Ecclesiastical Law Impediments The Church has established some impediments to marriage
These impediments do not come from natural law (divine law)
These impediments only apply to Catholics<br>
slide24. Some Examples of Ecclesiastical Law Impediments (I) Disparity of Cult (Worship)
A Catholic cannot validly marry an unbaptized person
If a Catholic wants to marry an unbaptized person validly, then he/she must request a dispensation from the local ordinary
If there is no dispensation, then the marriage is invalid
Crime
A Catholic cannot validly marry someone if he/she brought about the death of that person’s previous spouse so that they can marry
Sacred Orders
Any man who has been ordained a deacon, priest, or bishop cannot validly contract marriage
If an ordained man wants to contract marriage, he must obtain a dispensation from the Holy See<br>
slide25. Some Examples of Ecclesiastical Law Impediments (II) Perpetual Religious Vows
If a man or woman has made lifelong vows as a religious (e.g. monk, nun, friar, religious brother, religious sister) in some religious institutes, he/she cannot validly marry
If a religious in perpetual vows wishes to marry, he/she must obtain a dispensation from vows from the Holy See
Affinity
Related by marriage
If a man and woman are too closely related by marriage (i.e. step-parent and step-child; step-grandparent and step-grandchild), they cannot validly marry<br>
slide26. Some Examples of Ecclesiastical Law Impediments (III) Adoption
Related by adoption
If a man and woman are too closely related by adoption (i.e. parent and adopted child; grandparent and adopted grandchild), then they cannot validly marry
Consanguinity (Ecclesiastical Law)
As mentioned before, it is a matter of divine law that one cannot marry one’s parent, grandparent, child, or grandchild
For Catholics, the Church extends this even further and prohibits a person from marrying one’s aunt/uncle, niece/nephew, first cousin
The local ordinary can grant a dispensation to allow first cousins to marry<br>
slide27. Review of Impediments An impediment prevents a person from validly marrying
Some impediments are established by the Creator (natural law impediments); they apply to everyone
Some impediments are established by the Church (ecclesiastical law impediments); they apply only to Catholics<br>
slide28. Invalid Marriage: Defects of Consent<br>
slide29. Defects of Consent Keeping in mind that marriage is a kind of contract, the Church teaches that a marriage may be invalid due to certain defects in the intention or ability of the person making marriage vows.
The Church teaches that a marriage can be invalid if:
the person is forced into marriage (force or grave fear); or
the person is deceived into marrying; or
the person intends the marriage to be something contrary to God’s law about marriage; or
the person is psychologically incapable of fulfilling the obligations of marriage.<br>
slide30. Some Specific Defects of Consent that Invalidate Marriage (I) Total Simulation
One or both of the parties said the marriage vows, but did not mean them
Examples:
Sham marriage for the sake of obtaining an inheritance
Sham marriage for the sake of obtaining a green card
Partial Simulation
One or both of the parties said the marriage vows, but positively excluded some element that is essential to marriage
There are several possible kinds of partial simulation, the following are just some of them<br>
slide31. Some Specific Defects of Consent that Invalidate Marriage (II) Partial Simulation Regarding Indissolubility
If a party says the vows, but has positively decided that he/she will end the marriage and marry someone else if he/she is unhappy
There can be various reasons that one might simulate regarding indissolubility: unhappy marriage, inability to have children, adultery, etc.
If one or both of the parties, positively reserves the right to end the marriage and marry someone else for any reason, the marriage is invalid
Partial Simulation Regarding Fidelity
If a party says the vows, but has positively reserved the right to have sex with someone other than his/her spouse, the marriage is invalid<br>
slide32. Some Specific Defects of Consent that Invalidate Marriage (III) Partial Simulation Regarding Procreation of Children
If a party says the vows, but has positively decided that he/she will not have children during the marriage, the marriage is invalid
If a party says the vows, but has positively decided that he/she will not allow the conception of a child until he or she is ready (regardless of the opinion of the other spouse), the marriage is invalid<br>
slide33. Some Specific Defects of Consent that Invalidate Marriage (IV) Force or Grave Fear
If a person is forced to marry someone whom he/she absolutely does not wish to marry, the marriage is invalid
If a person consents to marry solely because he/she believed that it was the only way to escape serious harm, the marriage is invalid
Grave Defect of Discretionary Judgment Concerning the Essential Rights and Duties of Marriage
If a person is suffering from a psychological condition that prevents him/her from truly understanding what marriage requires or prevents the person from freely choosing to marry, the marriage is invalid
Psychological conditions that may lead to such a defect of judgment could include: sufficiently-advanced schizophrenia, bipolar, major depression, etc.; grave personality disorders; sexual compulsion<br>
slide34. Some Specific Defects of Consent that Invalidate Marriage (V) Psychic Incapacity
If one understands the obligations of marriage and freely chooses marriage, but has a serious psychological condition that prevents one from fulfilling essential marital duties, the marriage is invalid
Like the previous defect of consent, this can include persons who have grave psychological illnesses or other conditions of a psychic nature that prevent fulfilling the essential obligations of marriage
Ignorance
If someone consents to marriage without knowing that marriage is a permanent partnership that requires some kind of sexual activity, the marriage is invalid
Very rare<br>
slide35. Some Specific Defects of Consent that Invalidate Marriage (VI) Fraud
If a person enters into marriage while being maliciously deceived about an important quality of the partner, the marriage is invalid
This defect of consent does not apply to just any deception
Must involve a deception that was deliberately perpetrated as a way to make the person agree to marry
Must involve deception about something that can seriously disrupt the marriage
Example: knowingly deceiving a party about one’s own sterility, concealing one’s hatred for a person’s children from a previous marriage, etc.
Future Condition
If a person makes marriage vows while making their fulfillment contingent upon some future occurrence or event, the marriage is invalid<br>
slide36. Some Specific Defects of Consent that Invalidate Marriage (VII) Error of Person
If a person contracts marriage with someone believing that he/she is actually someone else, then the marriage is invalid
Exceedingly rare in modern times and cultures
(See Genesis 29 for the story of Jacob being deceived into marrying Leah instead of his intended wife, her sister Rachel)<br>
slide37. Review: What Makes a Marriage Invalid? We have only looked at some of the various things that can make a marriage invalid in the eyes of God and the Church
They all fall into the three categories that we have examined:
Lack of Canonical Form
Impediment
Defect of Consent
If the marriage is not proven to be invalid due to one of these three things, then the Church presumes the marriage is valid<br>
slide38. What Does Not Make a Marriage Invalid? As previously stated, there are situations that are seriously sinful or situations that may even provide a justification for divorce, but they do not necessarily make a marriage invalid
Some tragedies that do not necessarily invalidate marriage:
Adultery
Abuse
Grave physical illness or disability
Financial irresponsibility
Spousal abandonment
Just because something is sinful or criminal does not mean that it makes the marriage invalid
Remember: When you make marriage vows, you are promising to love and be faithful in sickness and in health, in good times and in bad, as long as you both shall live. God will hold you to that commitment! What God has joined, man must not separate.<br>
slide39. Preliminary Information about Annulments<br>
slide40. What Is an Annulment? “Annulment” is the word that most people use to refer to a Declaration of Nullity or Declaration of Invalidity
“Annulment” is actually an incorrect word
To “annul” something means to take something that is valid and nullify it
As we’ve seen, the Church does not have the ability to nullify a valid and consummated marriage between two baptized people
So “annulment” is not an accurate description and can lead to many misunderstandings
Declaration of Nullity (Invalidity) is a more accurate title
To declare a marriage null or invalid means that a Church tribunal has found sufficient evidence to prove beyond a reasonable doubt that a marriage was invalid from the very beginning<br>
slide41. What’s the Difference Between an Annulment and a Divorce? A divorce is a declaration by a civil court that two people will not be considered married in the eyes of the civil government
Some states also give civil annulments for certain reasons specified by state law, but these have nothing to do with the Church
The Church is not bound by the decisions of the government regarding the existence of a marriage because God instituted marriage, not the government
A declaration of nullity by the Church is a legal decree from a Church tribunal that declares that a marriage never existed because it was invalid from the very beginning
Most civil governments, including the governments of the United States of America and its fifty states, do not recognize the decisions of Church tribunals; therefore, in the USA and in many other countries, a decree of nullity has no effects in civil law<br>
slide42. Who Needs an Annulment?<br>
slide43. Father, Do I Need a Declaration of Nullity? If you are a Catholic who has been divorced and you want to marry someone else, you probably need a declaration of nullity.
If you are a Catholic who has been divorced and you want the possibility of marrying someone else in the future, you probably need a declaration of nullity.
If you are not Catholic, but you have been divorced and now want to marry a Catholic, you need a declaration of nullity.
If you are divorced and you have no intention of every marrying again, then you do not need a declaration of nullity, but you are welcome to petition for one.<br>
slide44. How to Obtain a Declaration of Nullity<br>
slide45. First Steps Contact your local priest or deacon and meet with him to discuss your situation
OR
Contact the diocesan tribunal to ask about how to apply<br>
slide46. The Process The essential steps of the nullity process are the same throughout the Catholic Church and are governed by canon law
There are, however, some introductory steps that vary from diocese to diocese
The local variations are established by your bishop or his tribunal to assist you in ascertaining what canonical process you need and how to begin that process<br>
slide47. Which Application? Determining which application you need depends on which canonical process is required
Determining which process is required depends on certain specifics of your marriage and why the marriage might be null<br>
slide48. What Type of Case Do You Have? If, at the time of the wedding, you and your former spouse were Catholics and you did not get married in the presence of a Catholic minister and two witnesses, then your marriage is probably invalid due to a lack of canonical form
Since the facts of such a case can be proven by means of various documents, this process is relatively easy and may be very brief
Complete an application for a Lack of Form case
If, at the time of the wedding, you or your former spouse were Catholic and you did not get married in the presence of a Catholic minister and you did not obtain a dispensation from the local ordinary, then your marriage is probably invalid due to a lack of canonical form
Complete an application for a Lack of Form case<br>
slide49. What Type of Case Do You Have? If your former spouse was married to someone before he/she married you, then your marriage may be invalid due to the impediment of a prior bond of marriage
Since this case can be proven by producing the proper documentation, it can be relatively easy, provided that you are willing to obtain the proper documents proving the prior marriage
Complete an application for a Prior Bond case<br>
slide50. What Type of Case Do You Have? If you and your former spouse were not Catholic and if neither of you had been married to anyone else before, then you will need to complete the full nullity process
Complete the Formal Case application
A formal case will require you to give testimony about the facts and circumstances of your marriage and provide witnesses to corroborate relevant facts
If you complete the proper application and submit it to the tribunal, the tribunal will assign an advocate to assist you in preparing your case
If you and your former spouse were Catholic and you married in the presence of a Catholic minister, then you will need to complete the full nullity process
Complete the Formal Case application
A formal case will require you to give testimony about the facts and circumstances of your marriage and provide witnesses to corroborate relevant facts
If you complete the proper application and submit it to the tribunal, the tribunal will assign an advocate to assist you in preparing your case<br>