Blessing the broken

Joanna Thyer

Myths and misunderstandings about annulment seem to abound. People seem to think that the process somehow eradicates a previous marriage such that it never took place and that children from such a marriage are ‘illegitimate’. None of which is true. Fr John Hannon, Vicar General of the Broken Bay Diocese and Director of the diocese’s Marriage Tribunal sheds some light on the issue.

Annulment is a legal process within the Roman Catholic Church that takes place within the provisions of the 1983 Code of Canon Law.

‘Annulment doesn’t say there wasn’t a marriage, in the sense of a meaningful relationship,’ explains Fr John. ‘It says there wasn’t a marriage that matched the church’s minimal expectations of what constitutes a valid marriage, particularly now in terms of partnership of life and love, reflecting the Vatican II covenantal model of marriage.

‘The annulment process involves people reflecting on the past relationship, how it began and why it failed, often despite the best intentions. Grounds for granting an annulment may relate to issues of serious immaturity, or a lack of internal freedom. The reasons are many and varied.’

Given the highly personal nature of the issues under consideration, it is not surprising that the process of determining grounds for an annulment is subject to criticism. Fr John estimates that around half of those who initially inquire continue with the annulment process.

‘Some find it too demanding or just not worth the effort. Some may feel threatened by the personal nature of the process. We do try to assure people that it is confidential. In some situations too there might not perceived to be grounds to pursue a case further than the initial inquiry.

‘Some people say "the past is the past and I just want to leave it behind", but this process can enable people to get on with life in the church and fully practise their faith. Some want it for a ‘spiritual release’ from a partner, but the majority want to remarry in the church. My general observation is that people are genuine in their desire to reconnect with the church, to marry within the church and practise their faith.’

Fr John emphasises the fact that a civil divorce and an annulment are two very different matters. ‘A divorce dissolves a bond recognised in civil law, acknowledging simply irreconcilable breakdown. Annulment is a more complex process and one hope is that it helps people face their issues and some of the hurt and pain that has gone with a failed marriage, thus facilitating the process of reconciliation and healing.

‘When we look at Vatican II’s Gaudium et spes, we see that one of the fundamental dimensions or elements of marriage is partnership, which leads to the conclusion that some disastrous, dysfunctional relationships can hardly be seen as a sacrament. This is set out in canon 1055. Common sense tells us that this is not what marriage should be. If people have acted in a gravely immature way, such as being totally infatuated without thinking through the implications of a lifelong commitment and partnership, that’s not defined as a marriage in the true sense, because of the obviously limited understanding of what is involved.’

So, what is the official teaching on annulment?

‘The official position is that anyone, whether Catholic or not, who has had a marriage that ended in divorce and wishes to remarry in the Catholic Church should approach the Tribunal to see what possibilities there are for annulment.’

It is the concern of the Tribunal to examine the original marriage and assess the couple’s freedom to act responsibly, free from undue influence and pressure, and their capacity to undertake the essential obligations of marriage.

An annulment does not necessarily mean that there was no love between the parties, or that they were lacking in sincerity, effort or commitment at the time of the marriage. Equally, it is not true that granting an annulment ‘illegitimatises’ the children of a marriage. Canon Law explicitly safeguards the status of children of the marriage in canon 1137.

Fr John sees that through his role as Tribunal Director he can help bring about a significant change in the lives of those seeking an annulment in terms of the way they understand their own lives and their relationship with the church.

‘Some approach the Tribunal with a fair degree of trepidation. They may have felt left out, unwanted or even rejected by the church. The whole process can have great pastoral value because it can help people sort out a situation and bring clarity and healing to past and present relationships.

‘The process is not simple and it can be somewhat demanding and intrusive. For those with a positive view it can be therapeutic and beneficial. It can perhaps help people deal with issues that they haven’t talked about before.’

The Tribunal endeavours to support those who come before it irrespective of whether an annulment is granted. Fr John is careful to emphasise that it is the marriage that is under consideration, not the people themselves.

‘We are not making moral judgments but rather judging individuals’ capacity to give adequate consent to marriage, reflecting a mature understanding and capacity to live it out as a lifetime partnership.’

The Tribunal considers how capable of commitment both parties were to the relationship and whether both understood the implications of lifelong partnership and fidelity. Fr John elaborates, ‘The canonical or legalistic view involves looking at the moment of consent in a marriage. Life and relationships are a continuum. This means looking at the whole picture leading up to that point including the individual’s family background and other influences and events in earlier life, as well as the relationship after marriage.’

The Code of Canon Law describes marriage as a partnership of life and love, where there is equality, respect and positive growth identified in a sacramental relationship between two baptised Christians.

The process is most often initiated when someone who has never married, wants to marry either a Catholic or non-Catholic, who has been married before. The process can take between nine and eighteen months from the time a written statement is submitted by the petitioner. Cases are taken in turn with no preferential treatment.

When a person applies for an annulment he or she is asked to come to the tribunal for an initial informal interview. The petitioner is asked to provide an autobiographical statement describing the original marriage. This statement includes the background of both individuals, the course of the marriage and events following the end of the marriage.

Names of witnesses are also required. Where possible witnesses are drawn from the family and friends of both partners and must be willing to be interviewed by a tribunal member. Tribunal members are trained and every effort is made to ensure confidentiality of information provided. The former spouse of the petitioner must be advised of the annulment process, and has rights in the matter as well.

Fr John finds there are many misconceptions within the Catholic community and broader community about what constitutes sufficient grounds for granting an annulment.

‘While psychological or physical immaturity in itself is not grounds for annulment, an attitude against permanence is grounds for annulment and always has been. In the old days the ‘shotgun’ marriage would be one example—people were put under extreme pressure to marry, with no other choice.

‘Nowadays a lack of internal freedom may be more subtle as an indicator. This refers to pressure within someone militating against a freely entered commitment. For example, if someone married to keep his or her parents happy, or, conversely, married as an immature reaction to parents encouraging him or her not to marry. A family background of alcoholism, mental illness, sexual abuse or other traumatic situations can provide potential material supporting grounds for annulment.

‘Also, if a person has no idea what marriage should be there may be grounds. If there were no positive role models at home, or a marriage was entered into to get away from a dysfunctional home, how can a person understand what constitutes a stable and happy marriage? There’s a certain minimum level of maturity required to enter marriage.’

Through the consideration of a person’s background and relationships prior to the marriage, the Tribunal seeks to identify those factors that may have militated against a person’s ability to make a permanent commitment.

Fr John points out that events such as a loss of love, adultery or incompatibility between a couple are insufficient grounds alone for an annulment. In such cases however, the Tribunal would want to know how and why such problems arose.

While it must at times be a difficult climate in which to work, Fr John is nonetheless happy to be involved with the Tribunal as he sees the pastoral value, as well as the canonical procedures and principles to be applied as part of the annulment process.

‘It is most important for people to see that the church cares about them, and that there is a Gospel connection here in terms of reconciliation and living the Good News. We are helping people close the door on a difficult phase in their life, to move on from the hurt of the past, and get on with life in the church in a positive way. There are shortcomings in this process, but it can enable a newfound freedom. Where nullity can be concluded, it also involves the recognition by the church of a new union, as well as offering a spiritual and emotional release from the prior marriage.

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