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Why if a child is born during the marriage or is about to be born does that makes it difficult for the granting of an annulment?
Wiki User
∙ 12y ago
In the Roman Catholic Church it doesn't matter: whether or not a child is conceived or born has no bearing whatsoever on an annulment. An annulment is a internal church decree that a marriage never actually took place due to an impediment. To grant an annulment the Church only looks at what occurred up to and during the actual "marriage" ceremony to see if it was valid. Anything that occurs after that point would have no relevance at all.
Answer and ClarificationIt should be understood that in the United States marriage is a civil legal status and clergy, among many other minor and major officials including any person who obtains a one day permit, are allowed to solemnize the marriage or perform the ceremony. The couple must obtain a civil marriage license or the marriage is not valid.
Accordingly, a religious annulment of a marriage must be accompanied by a civil divorce decree or the couple remains legally married. And, Catholic annulments make no provisions for the custody or support of the children. They are more geared toward allowing a favored parishioner to get married in the church again even when they were married in the church and children were born of the first marriage. Remarriage is not normally allowed by church law unless the first spouse has died. But it is correct that a twenty year marriage and six children would not be an impediment to annulment in the church under certain circumstances. However, Catholic annulments are not the only game in town. Many couples obtain civil annulments and if successful a divorce procedure is not necessary in order to dissolve the marriage legally. Civil annulments address parental responsibilities and custody when there are children involved. They also make a division of the property.
Laws regarding civil annulment vary from state to state. Some states do not allow annulment if there are children born of the marriage. That makes sense because the couple can dissolve the marriage by a divorce proceeding. Every state has statutory reasons why a court can declare a marriage null and void. The court in states that allow civil annulment with children may look more closely at those reasons if there were children born of the marriage since declaring a marriage null and void may have some emotional or social effect on the children. If there are children involved, the annulment does not make them "illegitimate" and the court will issue custody and child support orders.
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∙ 12y ago
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What happens to possessions purchased together during marriage after annulment?
If you are both mature then you can decide who takes what because of the annulment of the marriage. You both can retain a 'mediator' where the four of you sit down to decide who gets what. Mediators are cheaper than lawyers.AnswerUnited StatesIf a couple owns property and their marriage is dissolved by a civil annulment, property will be divided much the same as it is in a divorce if they cannot come to a mutual agreement. Also, child custody and child support will be addressed similarly if the couple has children.
What are the post legal rights of a woman in annulment?
A man and woman have the same legal rights after a legal annulment of marriage. Their marriage is treated as though it had never taken place and the parties are free to marry. A civil annulment is a decree that the marriage is deemed never to have existed (in legal terms, it is null and void). This differs from a divorce, which terminates a valid marriage. There are both religious and civil annulments. In the United States a civil annulment or divorce must be obtained first in order to make an ecclesiastical annulment effective. Civil laws regarding civil annulment vary from state to state. Some states do not allow annulment if there are children born of the marriage. That makes sense because the couple can dissolve the marriage by a divorce proceeding. Every state has statutory reasons why a court can declare a marriage null and void. The court in states that allow civil annulment with children may look more closely at those reasons if there were children born of the marriage since declaring a marriage null and void may have some emotional or social effect on the children. If there are children involved, the annulment does not make them "illegitimate" and the court will issue custody and child support orders.
How come Catholics are allowed to get divorced but weren't during Henry VIII?
Roman Catholic AnswerThere is no such thing as a "divorce" in the Catholic Church and there never has been. Sometimes the Church will allow for a civil divorce if there are very pressing and over-riding reasons, but this would never allow for a remarriage as the persons would still be considered marriage in the eyes of God and the Church. The other thing that you may be thinking of, since you mention Kind Henry VIII is an annulment. An annulment is a decree that no valid sacramental marriage ever took place, that something was missing that was required for a valid marriage. In this case, the Church would demand a civil divorce as they have ruled that there is no sacramental marriage.
How many years were henry and anne boleyn married?
Henry and Anne spent approxiamtely 6 years in "courtship" during which time Henry was still applying for the annulment of his first marriage and later passing the Act of Reformation which allowed them to marry despite the Pope's refusal. They were married in 1533 and their marriage was terminated on 19th May 1536 when she was executed.
What are the requirements for an annulment of marriage in Colorado?
(1) While both parties to an alleged marriage or domestic partnership are living, and at least one party is resident in this state or a member of the armed service and stationed in the state, a petition to have the marriage or domestic partnership declared invalid may be sought by:(a) Either or both parties, or the guardian of an incompetent spouse or incompetent domestic partner, for any cause specified in subsection (4) of this section; or(b) Either or both parties, the legal spouse or domestic partner, or a child of either party when it is alleged that either or both parties is married to or in a domestic partnership with another person.(2) If the validity of a marriage or domestic partnership is denied or questioned at any time, either or both parties to the marriage or either or both parties to the domestic partnership may petition the court for a judicial determination of the validity of such marriage or domestic partnership.(3) In a proceeding to declare the invalidity of a marriage or domestic partnership, the court shall proceed in the manner and shall have the jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the property of the parties, provided by this chapter.(4) After hearing the evidence concerning the validity of a marriage or domestic partnership, if both parties to the alleged marriage or domestic partnership are still living, the court:(a) If it finds the marriage or domestic partnership to be valid, shall enter a decree of validity;(b) If it finds that:(i) The marriage or domestic partnership should not have been contracted because of age of one or both of the parties, lack of required parental or court approval, a prior undissolved marriage of one or both of the parties, a prior domestic partnership of one or both parties that has not been terminated or dissolved, reasons of consanguinity, or because a party lacked capacity to consent to the marriage or domestic partnership, either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because a party was induced to enter into the marriage or domestic partnership by force or duress, or by fraud involving the essentials of marriage or domestic partnership, and that the parties have not ratified their marriage or domestic partnership by voluntarily cohabiting after attaining the age of consent, or after attaining capacity to consent, or after cessation of the force or duress or discovery of the fraud, shall declare the marriage or domestic partnership invalid as of the date it was purportedly contracted;(ii) The marriage or domestic partnership should not have been contracted because of any reason other than those above, shall upon motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree declaring such marriage or domestic partnership to be valid for all purposes from the date upon which it was purportedly contracted;(c) If it finds that a marriage or domestic partnership contracted in a jurisdiction other than this state, was void or voidable under the law of the place where the marriage or domestic partnership was contracted, and in the absence of proof that such marriage or domestic partnership was subsequently validated by the laws of the place of contract or of a subsequent domicile of the parties, shall declare the marriage or domestic partnership invalid as of the date of the marriage or domestic partnership.(5) Any child of the parties born or conceived during the existence of a marriage or domestic partnership of record is legitimate and remains legitimate notwithstanding the entry of a declaration of invalidity of the marriage or domestic partnership. [2008 c 6 § 1007; 1987 c 460 § 4; 1975 c 32 § 2; 1973 1st ex.s. c 157 § 4.] Part headings not law -- Severability -- 2008 c 6:See RCW 26.60.900 and 26.60.901.
Is it a mortal sin to get remarried without an annulment?
A Catholic is not free to marry more than one person. The annulment process is simply that: a process which must be investigated to its final verdict on whether or not a previous marriage existed or not. During the time this is being investigated, the Catholic is still to be considered 'married' and thus not eligible to date others, marry someone else, or have marital relations. If the marriage is found to be in tact, it can not be broken by any man or institution here in this world. Only God can dissolve the bond, at death. As it is written: "For what God has joined, no man may separate." (Mark 10:9) To violate the marriage covenant is a very serious (mortal) sin. The Church can not be more clear on this: any Catholic that violates this sacred bond of marriage is indeed committing adultery and anyone associating themselves with a married Catholic is also committing adultery. The Church also goes on to say that marriage is not just a supernatural grace that comes from receiving the sacrament but a natural institution as well. That is, before Jesus' time here in this world, marriage was (and still is) an institution between a man and a woman governed by natural law. This is why the seventh commandment states, "You shall not commit adultery" because it isn't just something that Christians believe. Instead, when it comes down to it, all rational thinking humans deep down really understand marriage as important and adultery as wrong.
When was A Marriage During the Regency created?
A Marriage During the Regency was created in 1858.
Are the kids become illegitimate after annulment?
LEGITIMACY OF CHILDREN FOLLOWING ANNULMENT:Some Catholics therefore worry that their children will be considered illegitimate if they get an annulment. However, Canon 1137 of the Code of Canon Law specifically affirms the legitimacy of children born in both recognized and putative marriages (those later declared null).(Putative spouse status is a remedial doctrine designed to protect the reasonable expectations of someone who acts on the belief that they are married, and generally entitled a putative spouse to the rights a legal spouse would have for the period from the putative marriage until discovery that the marriage was not Sacramentally legal.)Can. 1137 Children who are conceived or born of a valid or of a putative marriage are legitimate.Can. 1138 §1 The father is he who is identified by a lawful marriage, unless by clear arguments the contrary is proven.§2 Children are presumed legitimate who are born at least 180 days after the date the marriage was celebrated, or within 300 days from the date of the dissolution of conjugal life.Can. 1139 Illegitimate children are legitimated by the subsequent marriage of their parents, whether valid or putative, or by a rescript of the Holy See.Can. 1140 As far as canonical effects are concerned, legitimated children are equivalent to legitimate children in all respects, unless it is otherwise expressly provided by the law.http://www.intratext.com/IXT/ENG0017/_P42.HTMIf a couple receive an annulment, declaring that the Sacrament of Marriage never existed, their former marriage would then have the status of a natural marriage. The childen of a natural marriage are still legitimate. (see St. Thomas in the Summa: http://www.newadvent.org/summa/5041.htm)(Catechism of the Catholic Church [CCC] 1138 & 1139). An "annulment can't affect children's status retroactively."In the common law tradition, legitimacy describes the status of children who are born to parents that are legally married, or born shortly after a marriage ends through divorce. The opposite of legitimacy is the status of being "illegitimate"-born to unmarried parents, or to a married woman but of a father other than the woman's husband. In both canon and civil law, the offspring of putative or annulled marriages are legitimate. http://www.newworldencyclopedia.org/entry/AnnulmentThe parents, now divorced, presumably once obtained a civil license and entered upon a legal marriage. Children from that union are, therefore, their legitimate offspring. Legitimate means "legal." The civil divorce and the Church annulment do not alter this situation. Nor do they change the parents' responsibility toward the children. In fact, during annulment procedures the Church reminds petitioners of their moral obligation to provide for the proper upbringing of their children.http://www.americancatholic.org/News.../CU/ac1002.aspThe marital status of the parents does not affect the status of the children. All children are created in God's image and have equal status in the church. Neither civil law nor church law considers the children of an annulled marriage illegitimate. Nor does the annulment imply that the children were not the fruit of a genuine human love. Annulment is simply a decision on the circumstances surrounding a marriage that could prevent that marriage from being a sacramental marriage.http://www.stdanielclarkston.org/annulmnt.htmAnswer and ClarificationUnited StatesIt should be understood that in the United States marriage is a civil legal status and clergy, among many other minor and major officials including any person who obtains a one day permit, are allowed to solemnize the marriage or perform the ceremony. The couple must obtain a civil marriage license or the marriage is not valid.Accordingly, a religious annulment of a marriage must be legally perfected by a civil divorce decree or the couple remains legally married. Catholic annulments make no provisions for the custody or support of the children. They are more geared toward allowing a favored parishioner to get married in the church again even when they were married in the church and children were born of the first marriage. Remarriage is not normally allowed by church law unless the first spouse has died.Catholic annulments are not the only game in town. Many couples obtain civil annulments and if successful a divorce procedure is not necessary in order to dissolve the marriage legally. Civil annulments address parental responsibilities and custody when there are children involved. They also make a division of the property.Grounds for a civil annulment vary by jurisdiction but can include the following:lack of legal capacityforce or threatunder age of consentconsanguinity- too closely relatedimpotency not disclosed before marriagefraudmarriage never consummatedduress, insanitybeing under the influence of alcohol or drugsYou need to check the laws in your particular state.Laws regarding civil annulment vary from state to state. Some states do not allow annulment if there are children born of the marriage. That makes sense because the couple can dissolve the marriage by a divorce proceeding. Every state has statutory reasons why a court can declare a marriage null and void. The court in states that allow civil annulment with children may look more closely at those reasons if there were children born of the marriage since declaring a marriage null and void may have some emotional or social effect on the children. If there are children involved, the annulment does not make them "illegitimate" and the court will issue custody and child support orders.
Can a divorced non-Catholic not married in a Catholic Church remarry in a Catholic church without an annulment?
Yes, a Catholic can marry a Pentecostal. Marriages in the Catholic tradition can take place either within a Mass or not. Generally, if a Catholic marries a non-Catholic they do not celebrate sacrament of matrimony during Mass but rather have a service. This service is just as Sacramental for the Catholic spouse as a marriage within a Mass would be for two Catholics getting married. There are some conditions however: For a Catholic to marry a Pentecostal and have their marriage recognized by the Church and thus be sacramental for the Catholic spouse, the couple would have to go through the regular marriage prep as required by their parish and the Pentecostal spouse would have to make certain commitments, such as acknowledging that the Catholic spouse has a commitment to raise the offspring in the Catholic faith.
Who first mention marriage during the balcony scene?
Juliet was the first one to mention marriage during the balcony scene.
Was it easy or difficult during the japan earthquake?
difficult!
What was it like to have a mixed marriage black and Indian during the 1890's in the South of the United States?
* Being black during the 1890's was difficult at best, but, a marriage between a black person and an Indian was more tolerated because both races were shunned; but black or Indian marrying a white person was greatly frowned upon and, at times could result in death.
