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Mary
Franceschi
wrote:
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Hi, guys —
- What is the teaching of the Church regarding
divorce that occurs because of physical
and emotional abuse of one spouse against
the other?
- Does an abusive marriage gives rise to
an annulment of the marriage?
- I know that an annulment can occur when
it is proved that a marriage never existed
but is domestic abuse included in this?
I have a close relative who is in this situation
and I think she might be able to get an annulment
of the marriage with proof of the abuse but
I am not sure.
Thanks for any advice.
Mary
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Does
an abusive marriage give rise to an annulment
of the marriage? }
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John
replied:
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Hi, Mary —
Thanks for your question.
The abuse could be an indication
of a pre-existing disposition that
would present an impediment to the
marriage being valid. Annulments
are granted for a variety of reasons,
all of which deal with a pre-existing
impediment. One of the most common
reasons is that one, if not both,
parties were emotionally immature
and unable to understand the covenantal
nature of a marriage.
Clearly, if you suffered domestic
abuse, your husband wasn't stable.
If that instability predated the
marriage, you have grounds for an
annulment.
John
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Mary
Ann replied:
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Mary —
Your thinking is incorrect. Abuse,
per se, is not grounds for annulment (thought
it does give the right of one spouse
to refuse bed and board to
the abuser). However, abuse could
be a symptom or sign of something
that would render the union invalid
for a variety of reasons including:
- psychological problems
- (a) problem(s) with the original consent, for
instance, based on a false view of marriage
from the abuser's history, and
- problems with a freedom to marry
if the abuser [himself or herself]
was abused
The best thing is to let the tribunal
sort it out, after one gets advice
of a canon lawyer.
Mary Ann
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