Annulment in the church

[johncar54]

I have a friend who wants to get an annulment in the church in RP. The grounds will probably be along the lines that she was pregnant and pressure was put on her to marry, thus it was not a free choice. (if that can be proved she can get an annulment).

She has a 'government annulment'

I should be grateful to hear from anyone who has obtained an annulment in the church and thus was free to marry 'again' in the church. How much did it cost, how long did it take etc.

Thanks guys.

John.

[Terpe]

Declaration of marriage nullity or Annulment according to Canon Law

An annulment is a statement that the required conditions of marriage were not met or satisified and as a result the church cannot recognize the marriage.

Your priest where you married can help with this. Or you can go to any church (usually the one you normally go to).
However the annulment tribunal will be convened through the archdiocese. The Cardinal of the Philippines in Manila presides over all (there are very few) annulments.
If there is no just just reason for an annulment no tribunal will be convened.

The following documents are required to begin a case, and your spouse or ex spouse will need to be contacted:-

1.Copies of the baptismal certificates of all Catholic parties involved.

2.A copy of the civil marriage license.

3.A copy of the church marriage certificate

4. A copy of the government annulment certified or signed by the Judge.

To call for a Tribunal to convene an annulment investigation you will need to submit to names two persons who will plead your case on your behalf. It should ideally be two who are articulate, willing, and knowledgable about the offenses.

In some archdiocese the process takes 12 months.

These two persons will stand before the monsignors and plead your case under Canon law.
Under recommendation you are not to set a wedding date, and the church advises against having a sexual relationship.

Church annulments are hard to get because there are only so many reasons that keep you from being married:-

1.Either spouse was already married to someone else at the time of the marriage in question (legal or spiritual);

2.Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse's reaching marriageable age.)

3.Either spouse was under the influence of drugs or alcohol at the time of the marriage;

4.Either spouse was mentally incompetent at the time of the marriage;

5.If the consent to the marriage was based on fraud or force;

6.Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage (in other words you did not have sex after marriage, and it doesn't matter if you had sex before);

7.The marriage is prohibited by law due to the relationship between the parties. This is the "prohibited degree of consanguinity", or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.

8.Prisoners sentenced to a term of life imprisonment may not marry.

9.Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease)

10.If one of the parties passed themselves off to be a man or woman and was not, then that is also a reason.

If your spouse changes genders, gets sentenced to life in prison, does drugs, is an alcoholic, beats you, cheats on you, marrys another women and goes insane after he marry's you it is irrelevant to the annulment proceedings. What subsequently happens after the marriage has no bearing on the legality of the marriage at the time it was made.

Also, when you found out about the other party's fraud and what you did matters too in some cases. In the case of prisoners, same sex marriage, marriage between cousins or siblings, and polygamy, the matter is simple to annul because it's usually simple to get evidence and prove, and not allowed. But in the case of fraud, force, drugs, marriage too young, and alcohol use at the time (not later) of marriage the church tribunal looks your actions after marriage.
Say you married at 15 but now your 20, well in this case you should have annuled at age 18 or so, because you chose to maintain marriage you did this of sound age. If you were drinking alcohol when you married or your spouse, then the tribunal
will question if you remained on alcohol or drugs through the length of the marriage. So if you separate and file for annulment right away the church looks at this differently than if you wait several years. Even if you married a cousin, the church may
not annul if they belive you knew prior to or that once you learned you continued the marriage. In this way you have to annul upon disclosure of the fraud.

The typical cost of an annulment is around P5000 - P10,000 . Plus some travel expenses if you do not live in Manila.

Hope this will help.

[johncar54]

Thanks Terpe, but with respect I was aware of that. (it's readily available on the internet).
What I wanted to know was :- How much did it cost, how long did it take etc.

That is not a Government annulment (which in reality amounts to a divorce in most jurisdictions) and which my friend has already obtained, but a Catholic Church annulment (Void ab initio) so that she can marry in the church.

[Terpe]

Thanks Terpe, but with respect I was aware of that. (it's readily available on the internet).

What I wanted to know was :- How much did it cost, how long did it take etc.

That is not a Government annulment (which in reality amounts to a divorce in most jurisdictions) and which my friend has already obtained, but a Catholic Church annulment (Void ab initio) so that she can marry in the church.

John, why not take some time to actually read my post you will see I have given information on HOW MUCH IT COSTS and HOW LONG IT TAKES.

[Terpe]

....That is not a Government annulment (which in reality amounts to a divorce in most jurisdictions) and which my friend has already obtained, but a Catholic Church annulment (Void ab initio) so that she can marry in the church.

John, that's exactly why I started my post with "Declaration of marriage nullity or Annulment according to Canon Law"

[johncar54]

Therpe apologies for not realising that you were referring to Canon Law.

However, as I said, I have over the years researched the rules applying to annulment in the catholic church and I did not was to cloud the waters when seeking to hear from someone who had first hand knowledge of having experienced an annulment in the church.

Also, I did not want others to be mislead or sidfetracked by the difference between annulment as interpreted by the RP Gov (divorce) and the church.

I would still like to hear from someone who been through a chuch annulment.

Thanks, John

[johncar54]

I would still like to hear from someone who been through a church annulment, with the actual cost and the time taken.

[Terpe]

You have it

[johncar54]

You have it

Should I understand from that comment that your marriage was annulled ?

I don't see that you said that but I may be wrong, but if you did, I can't find it in all the unasked for info, so a case of "can't see the wood for the trees ! "