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Dear Daisy,
Giving a very simple explanation,
annulments find their origins in
the Scriptures in Matthew 19 where
the word "porneia" — although
variously translated, seems best
to be translated as "illicit
sexual unions", is used. This
exception clause to the absolute
prohibition of divorce originally
given by Jesus, was added by the
early Church at the time of Matthew
after the Council of Jerusalem. (See Acts 15.)
At the Council of Jerusalem, Gentiles
coming into the Church were freed
from such Mosaic traditions as circumcision,
keeping kosher and the like (Paul's "works
of the Law"). The incoming Gentiles
did present one major difficulty:
Many had entered marriage in relationships
considered to be "porneia" or
illicit sexual unions (for example,
marrying very close relatives
etc.).
In Matthew's community, Gentile converts
were coming into the Jewish Christian
Church in great numbers. These illicit
sexual unions were considered to
be null and void and not marriages
at all.
Another example can be found in 1 Corinthians 7, where Paul speaks
of baptized members of the Church
being married to a non-baptized person.
He does not forbid this though; most
of these couples (at the time) began
as two non-baptized couples with
one converting. However, there were
instances where
the non-baptized spouse, especially
the husband, not only protested his
spouse's new faith but totally rejected
it, ultimately causing
a "divorce". Here is what
we call the "the Pauline Privilege".
A Pauline Privilege is the dissolution
of a purely natural marriage which
had been contracted between two
non-Christians, one of whom has
since become a Christian. The
Pauline Privilege is so-named
because it is based upon the Apostle
Paul's words in 1 Corinthians 7:12-16.
In 1 Corinthians 7, Paul gives
instructions concerning problem
marriages. In verses 10-11 he
discusses sacramental marriages (marriages between two baptized
people) and indicates that they
are indissoluble. It is possible
for a husband and wife in a sacramental
marriage to separate, but they
cannot remarry. They must remain
separated and not attempt to marry
again, or they must reconcile
with one another.
In verses 12-16, Paul gives instructions
concerning the thornier case of
a couple who have only a natural
marriage. A sacramental marriage,
one that communicates supernatural
grace, requires that
both partners be baptized. If
neither is, or only one is, their
union is only a
natural one. Sometimes
one party to a natural marriage
converts and becomes a Christian,
which can cause the marital problems
that Christians are expected to
face. (Luke 12:51-53, Luke 18:29-30.)
While natural marriages should
be preserved if at all possible
(1 Corinthians 7:12-14, 16), they
can be dissolved in some cases.
Paul tells us, in verse 15, that
if the unbelieving spouse refuses
to live with the Christian partner,
the unbeliever can be allowed
to withdraw from the marriage,
leaving the Christian partner
unbound,
free to remarry. The Pauline Privilege
thus may apply when the Church
dissolves a natural marriage after
one partner has become Christian
and there is a just cause, such
as the non-Catholic's refusal
to live at peace with the Christian
partner.
the Pauline Privilege differs
from an annulment because
it dissolves a real but
natural marriage. An annulment
is a declaration that there
was never a valid marriage
to begin with.
The Pauline Privilege does not
apply when two baptized people
marry, and later, one
quits being Christian.
These people had a sacramental
marriage forged between them,
and this marriage is indissoluble,
even if one partner is failing
to fulfill his marital responsibilities.
In that case, 1 Corinthians 7:10-11, which concerns such problem marriages,
applies.
The Pauline Privilege also does
not apply when a Christian
has married a non-Christian. In those cases, a
natural marriage exists and
can be dissolved for a just cause,
but by, what is called, the Petrine Privilege, rather
than by the Pauline Privilege.
The Petrine Privilege is so-named
because it is reserved to the
Holy See, so only Rome can grant
the Petrine Privilege (which it
seldom does).
A biblical precedent for the Petrine
Privilege, where some of the faithful
marry unbelievers and then are
permitted to divorce them, is
found in Ezra 10:1-14, where
the Jews put away their
foreign (pagan) wives.the Petrine Privilege |
Over the centuries, the Church has
discovered other "issues" that
it considers to actually annul a
marriage that has been attempted.
One commonly known one, is when one
spouse "refuses to consent to
having children" when marriage,
by its nature, must be "open
to children".
Another issue concerns "lack
of discretion". This is a relatively
new, but sadly necessary, issue that
discerns whether a marriage is actually
annulled. Such factors as:
- age — (a young couple when
they got married, say in their
teens, or immaturity of one or
both members of the couple);
- circumstances: perhaps a "child
out of wedlock" or some other
force (like the parents) "forced" a
marriage on the couple;
- I also believe that alcoholism
and drug addiction are considered
by the Church to inhibit the free
and mature consent needed to enter
into a real marriage;
- Of course, another, is "solid
sexual maturity". Meaning
both are solid in their sense
of themselves as a heterosexual
man and woman. Uncertainty or
confusion in this area is dynamite
in marriage;
- Another would be an "inability" to
enter into an exclusive and faithful
union because of family history,
etc. or immaturity of a personal
nature; some people really can't
enter into a real exclusive and
faithful marriage;
- Another is "a grave doubt entering
the marriage", not just the little
fear on the wedding day, but time
and again, I have heard individuals
say:
"I knew it was all wrong" or "I
really knew it shouldn't be
happening" as
she was . . . or "I was
walking down the aisle . . ."
Although I am a priest who has assisted
individuals with annulments, I am
not a canon lawyer.
The examples I have given above are
from experience with individuals
seeking annulments.
Pre-Cana preparation does assist
couples entering marriage to at least
begin to really think about "marriage" versus "the
wedding", but as our Holy Father
recently wrote:
"Far more is needed to assist couples
in preparing for marriage. This
preparation extends into the home
in the way children, teens, and
young adults are formed."
Pope St. John Paul II |
I hope this has helped.
Fr Francis
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