BINDER CHECK (MOVED TO WEDNESDAY, APRIL 17TH DURING CLASS) All Calendars from August 2018 to April 2019 All Tabs still clearly labeled and in the correct order. (relabel if you need too!) NOTHING in the side pockets. ONLY Religion work in the binder. Front Cover still there! The binder is still in one piece! Notes area looks sufficient. Points will be deducted by 10 for everything missing or out of order etc.

Marriage, Divorce & annulment A Roman Catholic Understanding Of: Marriage, Divorce & annulment

What makes a wedding a sacrament in roman Catholicism The effects of this Sacrament are directed at other; not towards self Indissoluble nature of marriage Essential rite = free consent and exchange of vows of the husband and wife Effects are long ranging and add to the communion of the married couple With each other , with God, with their children and with society Sacramental Marriage should be a model of the unending love Christ has for his Church

Catechism of the catholic church (1611) “Seeing God’s covenant with Israel in the image of exclusive and faithful married love the prophets prepared the Chosen People’s conscience for a deepened understanding of the unity and indissolubility of marriage.”

Sacramental Marriage: How is marriage defined by the Church? Marriage is a Sacrament between one man and one woman. In the Rite of Marriage the bride and groom are the ministers of the Sacrament (not the priest) . They must enter into the marriage freely and willingly They must consent to the Sacrament And they must vow to one another

Legal Marriage In the State of Texas, County of El Paso the couple that wants to marry legally must first obtain a Marriage License from the County Court House. $72 in EP County Both applicants present Proof of identity and age In TX you must be 18 to marry but, from 14 to 17 a parent/guardian could give consent to marry Take the oath printed on the application Both parties sign the application License is good for 31 days

All marriages ARE NOT sacramental. All marriages presided over by an ordained Roman Catholic Priest are both Legal & Sacramental All marriages ARE NOT sacramental. All marriages ARE NOT legal. (polygamist unions)

Divorce: Legal Divorce The ending of a civil marriage contract. Church law forbids divorced Catholics from remarrying unless their first marriage has been declared null. It also forbids a Catholic from marrying a divorced person of any faith unless that marriage has been declared null. Yes, this can become VERY complicated!

An Annulment Is … Declaration by the Church Tribunal (Catholic Church Court of 3 Judges) A marriage that was thought to be valid has fallen short of at least 1 of the essential elements required for a binding union.

An annulment (formally known as a “declaration of nullity”) is a ruling that a particular marriage was null from the beginning. Something was gravely wrong at the time the wedding vows were made and it prevented a valid marriage from coming into existence. This is different than a divorce, which proposes to dissolve a marriage that is in existence.

A valid Catholic Marriage is… (1) the spouses are free to marry (2) they freely exchange their consent (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children (4) they intend the good of each other (5) their consent is given in the presence of two witnesses and before a properly authorized Church minister

Why does the Church require a divorced Catholic to obtain a declaration of nullity before re-marrying in the Church?

The Church presumes that marriages are valid and lifelong; therefore, unless the ex-spouse has died, the Church requires the divorced Catholic to obtain a declaration of nullity before re-marrying.

The tribunal process seeks to determine if something essential was missing from the couple’s relationship from the moment of consent. If so, then the Church can declare that a valid marriage was never actually brought about on the wedding day.

What does the tribunal process involve? The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage and a list of persons who are familiar with the marriage. These people must be willing to answer questions about the spouses and the marriage. The tribunal will contact the ex-spouse – the respondent – who has a right to be involved. The respondent’s cooperation is welcome but not essential. In some cases the respondent does not wish to become involved; the case can still move forward. What does the tribunal process involve?

Each party may appoint a Church advocate who could represent the person before the tribunal. A representative for the Church, called the defender of the bond, argues for the validity of the marriage. Then what happens?

How long can the process take? It can vary from diocese to diocese, often taking 3 to 6 months or longer in some cases. Although recent changes by Pope Francis have proven to make the process quicker!

VERY IMPORTANT! Ascertaining the truth about the validity of the marriage bond. Pope Francis replaced the sections in the two codes of Canon Law that deal with annulments. In the case of the Western code, that means he had twenty-one canons rewritten (canons 1671-1691).

How can a couple married for many years present a case? The tribunal process examines the events leading up to, and at the time of, the wedding ceremony, The length of a marriage is not proof of validity but a long marriage does provide evidence that a couple had some capacity for a life-long commitment It does not prove or disprove the existence of a valid marriage bond

No. It means it was not valid according to Church law If a marriage is declared null, does it mean that the marriage never existed? No. It means it was not valid according to Church law A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for marriage.

If a marriage is annulled, are the children considered illegitimate? No. A declaration of nullity has no effect on the legitimacy of children, since the child’s mother and father were presumed to be married at the time that the child was born. Legitimacy depends on civil law.

What did Pope Francis say? (Sept. 8, 2015) Issued the document titled Mitis Iudex Dominus Iesus (“The Lord Jesus, the Gentle Judge”), which reforms the annulment process for the Western Church Document took about a year to prepare by people versed in Canon Law and appointed by Pope Francis to study the situation of annulment. Wants to make the process more efficient. More accessible Less time consuming If possible -- free

So what did change? Only a single judgment of nullity is required. Before basically 2 courts (Tribunals) had to agree in order to nullify a marriage. The bishop himself is a judge. A new, briefer process involving the bishop has been created. The case can be presented directly to the bishop who can make a decision on his own. Therefore, leaving out the lengthier formal process. Appeals can be made against the judgment of the bishop to the metropolitan.

When can the shorter process be used? Procured abortion to prevent procreation (presumably during the marriage itself, prior to bearing other children and thus showing an unwillingness to procreate) The stubborn persistence in a extramarital affair at the time of the wedding or at a time immediately following Lack of faith resulting in the simulation of consent to be married or an error that determines the will regarding one of the requirements of marriage The brevity of married life (i.e., the couple divorced very quickly after being married)

The malicious concealment of: infertility a serious contagious disease children born from a previous relationship an incarceration A reason for getting married that is completely foreign to married life (presumably something like entering a legal fiction of a marriage to be able to immigrate or gain an inheritance) or consisting of the unplanned pregnancy of the woman. The physical violence inflicted to extort the consent to marry. The lack of use of reason proved by medical documents.

Information from the www.usccb.org

Pop Quiz – April 16, 2019 Who/What is the “respondent” in an annulment case? Who/What is the “petitioner” in an annulment case? What title is given to the representative from the Church in an annulment case? True or False – An annulment breaks the Sacrament of Marriage bond. True or False – An annulment is a declaration from the Church saying that the Sacrament never even took place because there was something gravely wrong at the time of consent (vows of marriage). EC: The famous Notre Dame Cathedral is Paris, France suffered major fire damage yesterday. Approximately how old was the Cathedral. (depending on the news source and the time from which it was counted there are 2 possible answers)