Get documents about "Internal Forum Sometimes it is suggested to individuals or couples
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Internal Forum. Sometimes it is suggested to sacraments after divorce and re-marriage (not
individuals or couples that they can resolve having first obtained an annulment) or desires
Annulment
marital issues concerning a first marriage in the greater clarity concerning such issues should Decree of Nullity
"internal forum." This means essentially in the seek the advice of their diocese's Tribunal. The
confessional or in the privacy of their complexity of these issues requires individual Marriage Is Indissoluble.
conscience. Someone who is divorced and attention, such as cannot be provided by a The Church teaches, as does Jesus in Mt 19:9,
remarried will be told that they do not have to Forum such as this. that every Christian marriage is indissoluble
seek a Decree of Nullity to validate the present except by the death of one of the spouses. No
marriage, rather being convinced in their own The Evangelization Station power on earth can dissolve a ratified and
conscience that their first marriage was invalid 23260 Joaquin Gully Rd. Unit 6 consummated union of two baptized Christians
they can return to the sacraments. This is not, Twain Harte, California, 95383USA (one in which vows have been validly
however, the case. Marriage is not a private Telephone: 209-728-5598 exchanged and which has been later
affair but a social institution, one safeguarded by E-mail: evangelization@earthlink.net consummated by intercourse).
the Church according to the will of Christ. The www.evangelizationstation.com
Holy See has ruled out the internal forum A valid marriage requires the proper intention at
solution as a valid way of resolving marital Pamphlet 016 the time that the vows are exchanged. The
validity questions. Such issues must be parties must intend to make a marriage, which
submitted to the Church's canonical processes (a by definition is a life-long communion open to
marriage tribunal). new human life. These are called the unitive and
procreative meanings of marriage. If either of
Where to go for additional information. the two meanings of marriage (an indissoluble
union and procreation) are excluded by the will
“Do I need an annulment?” by Jacqueline Rapp, of either the man or the woman no marriage is
JD, JCL, and Peter Vere, JCL, Envoy Magazine, made on the wedding day (canon 1096).
Vol. 6.3. ww.envoymagazine.com
For example, someone who has no intention of
Catechism of the Catholic Church, being faithful cannot make a marriage since at
SecondEdition, #1621 ff. the very time of exchanging vows he or she
http://www.vatican.va/archive/catechism precludes the life-long fidelity that is intrinsic to
/p2s2c3a7.htm#I marriage. This is often demonstrated right at the
beginning, or shortly thereafter, by infidelity.
Gaudium et Spes, Pastoral Constitution on the Or, someone who intends to exclude the
Church in the Modern World, Nos. 47-52. possibility of children does not validly marry.
Revised Code of Canon Law, 1055-1057, 1134, (Those who cannot have children due to age or
1141-1142. infertility are not meant here, but only those who
http://www.vatican.va/archive/hist_councils/ii_v could bear children but intend to avoid this
atican_council/documents/vatii_cons_19651207 marital responsibility completely.)
_gaudium-et-spes_en.html
It should be noted that if a valid marriage is
Questions? Anyone who is uncertain about his made on the wedding day later infidelity or a
or her marital status, wants to return to the contraceptive will would not invalidate it. It is
only when the will of either party in making the • Psychological immaturity that did not allow The Tribunal Process. The process of
marriage contradicts the Plan of God from the one of both parties to understand the true nature obtaining a Decree of Nullity entails submitting
beginning of marriage that it is invalid. The of marriage at the time of the wedding. An the facts of the marriage, with supporting
Church accepts every marriage as valid until example would be a teenage couple who hardly witnesses, to the diocesan marriage tribunal.
proven otherwise, however (canon 1060). knew each other, but who decide to marry Either party can do this. Then after a evaluation
because of pregnancy. They have not thought of these facts a judgment on the validity of the
What a decree of Nullity Is. An annulment, about how they will support each other in marriage is made. A second court, usually a
properly called a Decree of Nullity, is a finding marriage, nor do they know each other well neighboring diocese, must verify the judgment
by a Church tribunal that on the day the vows enough to make a lifelong commitment. and it must be approved by one's bishop.
were exchanged at least some essential element Whatever decision is made, it may be appealed
for a valid marriage was lacking, such as, one of None of these conditions are assumed they must to the Roman Rota (the Holy See's court for
the parties did not intend lifelong fidelity to the be proven. A Decree of Nullity does not dissolve matrimonial cases).
other person or excluded children entirely. the marriage, it cannot. It is a reasoned judgment
Another example would be that one of the that one never existed, and as such is capable of Since this is a voluntary process most dioceses
parties was incapable of marriage (due to some human error. If the tribunal is fastidious to have a fee to cover administrative costs. If this
constitutional weakness, such as mental illness Church law and theology and the couple and fee is a hardship an individual should ask that it
or some psychological condition that prevented their witnesses are honest, the decision can be be waived.
making the marital commitment – gross followed in good-faith, including a new
immaturity, homosexuality, etc.). Other common marriage. If someone is abusing the process Is Divorce a Sin? When the Pharisees asked
reasons for an annulment are: through deceit, however, it would be a very Jesus if it was permissible for a man to divorce
grave sin for that person. A person who his wife, Jesus said: “Whoever divorces his wife
• The existence of an impediment, such as a innocently enters a second marriage would not and marries another, commits adultery against
previous marriage or religious vows or a close be guilty of sin, but the person who abused the her; and if she divorces her husband and marries
relationship between the couple (a brother and process to fraudulently obtain a decree in order another, she commits adultery” (Mark 10:11-
sister or first cousins). Some of these can be to remarry would commit adultery by 12). Because of this statement, many people
dispensed. remarrying. think that divorce (separation) is a sin and
• Psychological incapacity, at the time of the grounds for automatic excommunication. In fact,
wedding, to assume the duties of marriage; for An "annulment" does not concern whether the divorced Catholics who have not remarried
example, if one of the parties suffers from a marriage was a happy one, whether one of the remain in good standing with the Church. They
serious mental illness that prevents him or her spouses later became unfaithful, or later decided are not excommunicated. However, individuals
from taking up parental or spousal duties. not to have children, but only their intention on who are divorced and remarried without a
• The presence, at the time of the wedding, of an the wedding day. If a marriage was made that Decree of Nullity are not permitted to receive
intention contrary to marriage or something that day it is a life-long bond, irrespective of Holy Communion unless they agree to live as
essential to marriage; for example, one of the what happened later in the marriage. To "annul" brother and sister.
spouses refuses to have children, does not intend a marriage based on "failure to achieve
to remain faithful to the other spouse, or believes communion" or some other factor not Marriage after a Decree. If a Decree of Nullity
in the possibility of divorce. recognized by the Holy See (as has been done) is is given the couple are free to marry, unless the
• The presence of a future “condition” for not a decree of nullity at all but a divorce. Such condition that led to the invalidity (e.g. lack of
marriage, such as one spouse demanding that the decisions are a source of grave scandal in the intention, mental illness, incapacitating
other spouse will achieve a certain level of Church and are both canonically and morally immaturity) still exists. Then the person who has
income. invalid. that condition is still incapable of marriage, but
the other person may marry.
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