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  Excellent book on Annulments October 18, 2008
This is a very well written book with serious information for those who are considering an annulment through the Catholic Church. Fr. Foster is learned and knowledgable about Canon Law, and his website offers you the ability to have his expertise guide you through the annulment process. We were more than pleased with the results. I'm very glad I bought this book and had his help in preparing our annulment. It made things very easy and it became a healing process, not an anxiety ridden one. It was wonderful.
 The world's strangest definition of legitimacy August 11, 2008
This book was published by the Paulist Press and has a Nihil Obstat, so in theory it should be an accurate presentation of the issues.
However, on pages 185-186, on Q. 97, Do declarations of nullity render children illegitimate (not, by the way, included in the index, which refers only to p. 97 for legitimacy and has no entry for illegitimacy at all), it reads:
"Second, the misappropriation of the term _illegitimate_ indicates a misunderstanding of legitimacy. _Legitimacy_ is a term used by many legal systems throughout the world. The term indicates knowledge of a child's paternity . . . The term _legitimacy_ connotes that a child's father is the husband of the child's mother at the time of conception or birth. In no way could a declaration of nullity deny a child's paternity. At the time of birth, the legally presumed relationship between the child's father and mother was indeed that of husband and wife. A declaration of nullity does not deny this, so the legitimacy of the child cannot be affected."
There are major problems here. First of all, "legitimacy" and "known paternity" are not the same thing at all. There have, historically, been "acknowledged illegitimate children" in which a man voluntarily claimed responsibility for a child born out of wedlock. There have been "bastardy bonds" in which, in the days before blood testing and DNA testing, a court assigned responsibility for the begetting and support of a child to a man. There are, today, numerous paternity suits brought my mothers, social service agencies, and other entities for numerous purposes, ranging from support to obtaining a relinquishing of parental rights for adoption. Paternity is _not_ dependent upon the parents' being married to one another at the time of conception or birth.
On p. 185, the author points out that, "In Church law a marriage that is declared null is thereafter referred to as a 'putative,' or 'supposed,' marriage. It was a marriage contracted inviolation of an impediment, or with a condition or defective consent, but entered into in good faith on the part of one or both of the contracting parties."
Actually, that isn't true either, since elsewhere in the book he points out that it's possible for both parties to a subsequently-annulled marriage to have entered into it in bad faith, but that's a different question. See page 176: "The Church is really declaring, in hindsight, that on the day of the wedding specific factors, such as defective consent, problems regarding its legitimate manifestation or the ineligibility of the bride or groom, prevented the two individuals from bringing about a valid marriage--as had been presumed. . . . The tribunal can only declare whether or not it has been proven that the marriage was invalid from the start."
The whole point of the above is that a "declaration of nullity" (a term which the author prefers to "annulment") declares that in fact the marriage never existed. Some people, possibly including one or both of the "putative" or "supposed" spouses, just thought that it did -- but they were mistaken.
If the marriage never existed, then the children cannot have been conceived or born in wedlock. The inevitable logical conclusion is that some people, possibly including one or both of their parents, just "supposed" that they were.
The declaration doesn't affect the status of the children under secular law. That's true enough. If there was a valid civil marriage, followed by a valid civil divorce, the children are legitimate for purposes of inheritance, etc. However, the canon law statement that they are "legitimate" is a purely arbitrary declaration (aimed at outcome, the result that the system wants to achieve, rather than input, the nature of the procedure being carried out).
If these two pages are so inaccurate, I become suspicious about the rest of the book.
Excellent book for dispelling the myth of the annulment process July 18, 2008
2 out of 2 found this review helpful
I have worked in the field of church law for over 20 years. I have met with over 1000 petitioners who really don't understand the annulment process. All they understand is that they would like to enter into a new marriage and they want to be able to "make it right with the church." And, on the other side is their ex-spouse who doesn't understand as well, what is going on when they receive their letter from the tribunal informing them of their ex-spouse's application. What I have begun to do is to send them a copy of this book, in advance of my meeting with them. When that happens, their defenses are down, they understand so much better what is happening and their questions are no longer harassing or attacking. They have such a clearer picture of the process and they are much more able to handle the situation because they have had it explained to them in language that they understand.
I would encourage any tribunal to have a number of these books on their shelves, so that when someone appears at their door who is beleaguered, and bewildered, just hand them the book, give them a chance to read it and your worries will be over- they now have a clearer picture of what the process is all about.
To be first and only ... for marriage is a bounded eternal state September 25, 2006
11 out of 12 found this review helpful
What is a Catholic annulment & why do I need one?
Written by Jacqueline Rapp, JD, JCL, MCL Rapp Canonical Consulting Louisville, KY
As a judge on a marriage nullity tribunal, I run into people, on a daily basis, who do not understand the declaration of nullity (or annulment) process and they do not understand why they need an annulment to begin with. It's been my understanding that this is because there are some misconceptions as to what the Catholic Church teaches about marriage, and therefore what the Catholic Church teaches about relationship that are not marriage (therefore needing an annulment). I hope to clarify some of this for those who may need this information.
What is an annulment?
A Catholic annulment, or a declaration of nullity or invalidity, is a statement of fact, by the Catholic Church, that a valid marriage (as defined by the Catholic Church) never existed. Therefore, it is not a Catholic divorce, since divorce looks at the moment that the relationship broke down and says, "there was something and now we are ending it." The annulment process says, "from the very beginning, there wasn't what was necessary for this relationship to be called a marriage." The annulment process is definitely NOT saying that there was no love involved and there wasn't some form of relationship there. It is also not saying that there wasn't a valid civil contract (thus, all children born of this valid civil contract are legitimate). This process looks at an entirely different realm - the spiritual one - as this is the Catholic Church's domain.
Why is an annulment necessary?
The Catholic Church teaches that marriage (as created by God for all people), if created, is permanent, exclusive, fruitful and ordered to the good of the spouses. This means that marriage is until death parts them - and not divorce (permanent); it is between one man and one woman (exclusive); it is open to the procreation and education of children (fruitful); and creates a relationship that is an equal partnership of the whole of life that strives to the growth of the two people involved (ordered to the good of the spouses).
Because the Catholic Church teaches that marriage is permanent, and that IF it was created that no human power can separate what God has joined together (not even the civil government who has the power to end the civil contract that they call marriage), then once two people stand in front of God and everybody and IF they create what the Catholic Church defines as marriage, then it cannot be dissolved. That marriage bond is in place until death.
So, no new marriage covenant can be created with someone else, because the party who has been married before still is bound to that first person, since the bond, if formed, cannot be ended with a civil divorce.
Therefore, the Catholic Church investigates, through the annulment process, whether an actual marriage, as defined by the Church, came into being. If they determine, by examining the facts presented to the Tribunal, that no "marriage" came into being, then the parties are free to contract marriage with someone else.
Why do I need one if I'm not Catholic?
If you are not Catholic and you are planning on marrying a Catholic, then you may be asked to go through the annulment process. This may seem odd, given that both people from the first union are not Catholic and it doesn't make sense that the Catholic Church should investigate this marriage.
The Catholic Church recognizes, as a valid marriage, any marriage between two people who were free to marry (no previous marriages between them). Basically, if the non-Catholic church of either party recognized the marriage as valid, so does the Catholic Church, and since marriage, as God created it, is permanent, then these marriages also need to be investigated.
And, anyone who is wanting to marry a Catholic, has to "play by our rules," so to speak, since the Catholic whom they are marrying must abide by these laws of the Church.
The Catholic Church believes that the teachings on what marriage is binds all people whether they are Catholic or not, given that it is part of God's Divine Law.
Options other than an annulment?
Are there other options for working with previous marriages other than the annulment process? Yes, indeed there are.
If a person was either Catholic or married to a Catholic and they did not get married according to the canonical form of marriage (in front of a Catholic priest/deacon with two witnesses), and there was no Church permission to do that (called a dispensation from form), then this would be called a Lack of Form case and can be dealt with by proving that one of the parties was Catholic (with their baptismal record) and that they did not get married according to Catholic form (with the marriage license) and that they are now civilly divorced (with the divorce decree).
If one of the parties to the first marriage was not baptized, and that non-baptism can be proven, and the person who is applying for this process was not the cause of the breakdown of the marriage, then a Privilege of the Faith case or Petrine Privilege case, can be sent to Rome and the non-sacramental marriage can be dissolved, leaving those parties free to remarry.
If both of the parties were non-baptised throughout the course of the marriage, and now the party applying wants to become baptized and marry a Catholic, and the non-baptism of both parties can be proven, then a Pauline Privilege case can be done and the non-sacramental marriage can be dissolved, leaving those parties free to remarry (after the one who desired baptism has received it).
Conclusion:
A basic rule of thumb to follow is that if there was a previous marriage contracted by either you or your fiance, be sure to tell your priest. That marriage will have to be addressed in some form or another, either by a documentary case, a privilege case or a formal annulment process.
A Helpful Guide For Those in the Annulment Process November 2, 2003
17 out of 19 found this review helpful
Annulling a marriage is one of the thorniest practices of the Roman Catholic Church. People who are granted annulments are given a whole new lease on life, but for those who are denied an annulment, the news can be devastating. For Catholics, an annulment means that a sacramental marriage never took place. The most common reaction to this is "I went to the wedding, what do you mean a marriage never took place?" People begin to wonder if an annulment means that children from such unions are illegitimate (no). Others wonder what right the Church has to declare a marriage null, and see the process as judgmental and vindictive. Others believe that annulments are only granted to those willing to pay a hefty price tag. With so much negative press, it is no wonder why so many people find the annulment process intimidating and decide not to pursue having a marriage annulled. Michael Smith Foster, a Catholic priest and canon lawyer who works at the Marriage Tribunal for the Archdiocese of Boston has written a clear, easy to understand book answering the many questions of what an annulment is, and what an annulment is not. The book is published by Paulist Press, and is set up in a question and answer format, like many book released by this publisher. In discussing the annulment process, the author also explains what a Catholic marriage is supposed to be. His style is pastoral and non-threatening. The book is compassionate and hopeful for people who have been hurt by a marriage coming apart. While this book will be most helpful to people going through the annulment process and those who are ministering to them, it will be of interest to any Catholics who want to understand more about this procedure and what the Church truly teaches about marriage.
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