What Marriage Is, and What Marriage Isn’t – The Annulment Process
Outline:
1. Jesus’ Teaching About Marriage and Divorce2. What the Church Believes About Marriage and Divorce3. What is a “Marriage”?4. Divorce vs. Annulment5. What is an Annulment or a Declaration of Nullity?6. What is a Valid Catholic Marriage?7. Types of Annulment8. Impediments to Marriage9. Grounds for an Annulment10. Q & A11. The Exception Clause (as time permits)
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St. Madeleine Information Session 8/18/2024, 9:00 a.m. Shrine of Our Lady of La Leche
What Marriage Is, and What Marriage Isn’t – The Annulment Process
Jesus’ Teaching About Divorce
Matthew 5:31-32"It was also said, 'Whoever divorces his wife, let him give her a certificate of divorce [Deut 24:1–4].’ But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery.
Matthew 19:1-10Now when Jesus had finished these sayings, he went away from Galilee and entered the region of Judea beyond the Jordan. And large crowds followed him, and he healed them there. And Pharisees came up to him and tested him by asking, "Is it lawful to divorce one's wife for any cause?" He answered, "Have you not read that he who created them from the beginning made them male and female [Gen 1:27], and said, 'Therefore a man shall leave his father and his mother and hold fast to his wife, and the two shall become one flesh' [Gen 2:24]? So they are no longer two but one flesh. What therefore God has joined together, let not man separate." They said to him, "Why then did Moses command one to give a certificate of divorce and to send her away [Deut 24:1–4]?" He said to them, "Because of your hardness of heart Moses allowed you to divorce your wives, but from the beginning it was not so. And I say to you: whoever divorces his wife, except for sexual immorality, and marries another, commits adultery."
What we believe:• The Church believes and proclaims the message of Christ: that Christian marriage is permanent and lasting.• What God has joined together; no human being must separate. These words of Jesus are beautiful, challenging, and clear. Beautiful because they reveal the permanence of Christian marriage. Challenging, because permanent and lasting marriage can be tough. Clear because Jesus in unambiguous in what he says.• The Church, who has been given authority by Christ himself, understands that certain problems can exist in a person’s capacity to give consent. If consent is lacking, then valid marriage does not arise.• Valid Christian marriage is absolutely unbreakable by any power on earth; yet, if certain problems can be proven, then a marriage can be declared as being invalid from its beginning.So then, what is a “marriage”?Catechism of the Catholic Church (1601):The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life, is by its nature ordered toward the good of the spouses and the procreation and education of offspring; this covenant between baptized persons has been raised by Christ the Lord to the dignity of a sacrament.This applies to all marriages, not just “Catholic” marriages.
Fundamentals:• Marriage is a natural, divinely ordained institution.• The Church believes this is true regardless of time, culture, religion, philosophy – even if the spouses have no religion.• As a matter of divine revelation marriage is between one man & one woman.• Everyone has a natural, God-given right to marry, though everyone is not capable of marriage.• The marriage of two baptized persons has been raised to the dignity of a sacrament by Christ.• A “Catholic” marriage is one in which at least one of the parties is a Catholic.• Consent makes the marriage. Why?• If or when the flame of love flickers out, the marriage perdures.
Divorce vs. Annulment• Divorce - there was a valid, existing marriage bond, and it is terminated by the decision of a civil court. (The Church doesn’t recognize the authority of a court to do this.)• Annulment – the decree of a civil or church court that, even though there may have been an exchange of vows in a ceremony, from the very beginning there never was a valid, existing marriage bond.From the United States Conference of Catholic Bishop’s 2009 document, Marriage: Love and Life in the Divine Plan:We [the bishops of the United States] understand the pain of those for whom divorce seemed the only recourse...We urge them to make frequent use of the sacraments, especially the Sacraments of Holy Eucharist and Reconciliation…We encourage divorced persons who wish to marry in the Catholic Church to seek counsel about the options that exist to remedy their situation, including the suitability of a declaration of nullity when there is no longer any hope of reconciliation of the spouses.What is an annulment or a declaration of nullity?What is often referred to as a “marriage annulment” in the Church is actually a declaration by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.For a Catholic marriage to be valid, it is required that:1. The spouses are free to marry, i.e., no impediments.2. The man and woman are capable of giving their consent to marry.3. They freely exchange their consent.4. In consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to having and raising children.5. They intend the good of each other.6. Their consent is given in the presence of two witnesses and before a properly authorized Church minister. Exceptions to the last requirement must be approved by Church authority (dispensation).Three primary types of an annulment: 1. Lack of Form, 2. Ligamen (Prior Bond), 3. Formal CaseAlso (very rare): 4. Pauline Privilege, 5. Petrine PrivilegeForm:• Form is the ceremony – the public celebration or manifestation of the exchange of consent.• Specific form must be observed for all Catholic marriages for validity.• There are two kinds of form for a Catholic wedding:o Ordinary Form: authorized sacramental minister (a priest or deacon) plus two witnesses.o Extraordinary Form: Two witnesses only plus danger of death situation, or good faith belief that no authorized sacramental minister available within about one month (common-law marriage).• The requirement for the observance of form for a Catholic marriage is a matter of ecclesiastical law.• Form can be dispensed by the bishop for a good reason.• Form is never dispensed where both parties are Catholic.In faithfulness to Jesus's teaching, the Church believes that marriage is a lifelong bond, therefore, unless one's spouse has died, the Church requires a divorced person to obtain a declaration of nullity before marrying someone else in the Catholic Church or before actually becoming a Catholic. The tribunal process seeks to determine if something essential was missing at the moment of consent, that is, the time of the wedding. If so, the Church can declare that a valid marriage was never actually brought about on the wedding day.
The Three Intentions Necessary for a Sacramental Marriage:1. Permanence (till death do we part)2. Faithfulness3. Openness to childrenWhat is a decree of nullity?A formal Church decree that what appeared externally to be a valid marriage was not, on account of some defect or impediment that existed at the time of the wedding ceremony.Impediments to marriage:• An impediment is a blockage – it blocks or bars the valid exchange of consent.• Impediments come either from divine law or ecclesiastical law.• Impediments from divine law apply to all marriages and cannot be dispensed.• Impediments from ecclesiastical law apply only to Catholic marriages and can be dispensed.Impediments from Divine Law – these apply to all marriages:• Impotenceo Impotence means the inability to engage in the marital act, not the inability to have children because of some medical or physical condition.o For impotence to be invalidating it must be permanent and antecedent to the marriage.• Consanguinityo In 3rd and 4th degrees collateral.• Ligamen (prior bond)Impediments from Ecclesiastical Law (These apply only to Catholic marriages):• Under ageo Girls must be 14, boys must be 16 (civil law requirements may be different).• Vow of chastity in a religious institutiono Public, perpetual vow of chastity in a religious institute of consecrated life renders subsequent attempted marriage invalid. • Disparity of culto Marriage between a Catholic and an unbaptized person is invalid unless dispensation obtained.• Holy Orderso Marriages after Holy Orders are invalid (it also incurs “automatic” excommunication). Holy Orders after marriage is valid.• Adoptiono Same as if related by blood.• Conjugicideo One can’t marry a person whose spouse you have murdered.o Abduction (of female by male).o Public propriety (can’t marry the parent or child of a person you are living with).
Consent – Consent makes the marriage – A marriage is valid if:• The proper form was observed,• There were no impediments,• The man and woman were ready, willing, and able on their wedding day to consent to marriage as the Church understands it.
Consent can suffer from defects:Defects of capacity• Lack of reasono Not able to reason – for example: insanity, mental retardation, drug / alcohol-induced temporary state.• Grave lack of due discretion (immaturity)o Able to reason but have not done so regarding essential elements of marriage.• Incapacity to assume obligations of marriageo Able to reason, and do reason, but are not capable of taking on obligations of marriage because of some psychic disorder (for example: alcoholism, serious personality disorders, homosexuality).Defects of Intellect• Ignoranceo The absence of knowledge. The Church requires that the parties to a marriage have at least a basic understanding that marriage is a permanent, heterosexual relationship ordered to procreation by means of sexual cooperation.o The law of the Church presumes that one who has reach puberty is not ignorant of this, but this presumption can be rebutted by evidence.• Erroro Mistaken knowledge. There are 4 types of error of intellect that can affect the validity of marriage: error of person error of a quality of a person error resulting from fraud or malice error regarding an essential property of marriage (unity, indissolubility, sacramental dignity)Defects of Will• Simulationo Lying – saying “I do” but meaning “I don’t.”o Total simulation – going thru the motions but having no intention at all to enter marriage (e.g., fraudulent marriage to get a Green Card)o Partial simulation – intending to exclude an essential element or condition of marriage (e.g., indissolubility, or procreation)• Conditionso Conditional marriage – “I marry you on condition that . . .” Prenuptial agreements can be a concern.o Future conditions – invalidate the marriage. “I marry you on condition that you get accepted to medical school and become a doctor.”o Present or past conditions – marriage valid if condition is fulfilled. “I marry you on condition that you went to medical school.” “I marry you on condition that you are free of sexually transmitted diseases.”• Force or fearo Marriage consent must be a freely given act of the will, thus, force or fear can invalidate consent as it can render the will un-free.o Force – to invalidate, the force must be external to the person – it must come from the outside. The kind of force involved here is “brute” or physical force – the proverbial shotgun wedding.o Fear – a more subtle form of force, more like intimidation. The threat or intimidation must be grave. If the person would have gone thru with the marriage even if the source of the fear had not been present, then the fear would not invalidate the consent.
Pauline Privilege (very rare): The dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the apostle Paul's instructions in 1 Corinthians.Petrine Privilege (very rare): Also known as the privilege of the faith or favor of the faith. Allows for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul.
What process is needed? Parties Contracting Marriage Place of Marriage Process Needed1 Catholic + Catholic Catholic Church Formal2 Catholic + Catholic Elsewhere w/ dispensation from Bishop Formal3 Catholic + Catholic Elsewhere w/o dispensation from Bishop Lack of Form4 Catholic + Baptized Catholic Church Formal5 Catholic + Baptized Elsewhere w/ dispensation from Bishop Formal6 Catholic + Baptized Elsewhere w/o dispensation from Bishop Lack of Form7 Catholic + Unbaptized Catholic Church Formal or Petrine8 Catholic + Unbaptized Elsewhere w/ dispensation from Bishop Formal or Petrine9 Catholic + Unbaptized Elsewhere w/o dispensation from Bishop Lack of Form10 Baptized + Baptized Anywhere Formal11 Baptized + Unbaptized Anywhere Formal or Petrine12 Unbaptized + Unbaptized Anywhere Formal,Pauline,Petrine13 Baptized + Baptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)14 Baptized + Unbaptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)15 Unbaptized + Unbaptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)
1. If two Catholics marry in the Catholic Church, the Formal process is required.2. If two Catholics marry elsewhere with a dispensation from form granted by the bishop, the Formal process is required.3. If two Catholics marry elsewhere without dispensation, the Lack of Form process is used.4. If a Catholic and a non-Catholic baptized person marry in the Catholic Church, the Formal process is required.5. If a Catholic and a non-Catholic baptized person marry elsewhere with a dispensation from form granted by the Bishop, the Formal process is required.6. If a Catholic and a non-Catholic baptized person marry elsewhere without dispensation, use the Lack of Form process.7. If a Catholic and an unbaptized person marry in the Catholic Church, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.8. If a Catholic and an unbaptized person marry elsewhere with a dispensation from form granted by the Bishop, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.9. If a Catholic and an unbaptized person marry elsewhere without dispensation, the Lack of Form process is used.10. If two non-Catholic baptized persons marry anywhere, the Formal process is required.11. If a non-Catholic baptized person and an unbaptized person marry anywhere, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.12. If two unbaptized persons marry anywhere, the Formal process, the Pauline Privilege process or the Petrine Privilege process is used. Either party can be the Petitioner.13. If two non-Catholic baptized persons marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then the Formal process is used instead.14. If a non-Catholic baptized person and an unbaptized person marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then either the Formal process or the Petrine Privilege process is used instead.15. If two unbaptized persons marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then either the Formal process, the Pauline Privilege process or the Petrine Privilege process is used instead.After an annulment is granted.1. The parties are free to marry in the Church.2. Usually with the proviso that they must have a “marriage readiness assessment” first.Common Questions:If a marriage is declared null, does it mean that the marriage never existed?Essentially yes. A declaration of nullity means that a marriage that was once thought to be valid civilly and canonically was in fact not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for a valid marriage.If a declaration of nullity is granted, are the children considered illegitimate?No. A declaration of nullity has no effect on the legitimacy of children who were born of the union following the wedding day since the child's mother and father were presumed to be married at the time that the child was born. Parental obligations remain after a marriage may be declared null.Why does the Catholic Church require an intended spouse, who is divorced but not Catholic, to obtain a declaration of nullity before marrying in the Catholic Church?This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard to understand why he/she must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for the intended spouse.The Catholic Church respects the marriages of non-Catholics and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life. Marriages between baptized persons, moreover, are sacramental. The Church requires a declaration of nullity to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry.Is divorce sinful?Not necessarily. “It can happen that one of the spouses is the innocent victim of a divorce decreed by civil law; this spouse has therefore not contravened the moral law.” CCC 2386. See Malachi 2:13-16.My fiancé/e and I want to marry in the Catholic Church. He/she has been married before and has applied for a declaration of nullity. When can we set a date for our wedding?You should not set a date until the tribunal's decision has been finalized. First, the petition may not be granted. Second, even if the petition is eventually granted, there may be unexpected delays in the process, e.g., if your fiancé/e's spouse wishes to appeal the tribunal's decision or if a prohibition highlighting concerns was placed on your fiancé/e along with the decision. How much does it cost?Pope Francis has asked dioceses, whenever possible, to provide their tribunal services free of charge.If I do not plan to re-marry, why should I seek an annulment?Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.How can a couple who has been married for many years present a case?The tribunal process examines the events leading up to, and at the time of, the wedding ceremony, to determine whether what was required for a valid marriage was ever brought about. The length of common life is not proof of validity, but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. It does not prove or disprove the existence of a valid marriage bond.How do I start the process?Talk to the priest/deacon in your parish.What if my former spouse will not agree to an annulment?The strongest cases have the testimony of both spouses, the Church always gives both spouses the opportunity to participate. But the validity of a marriage can be judged even if one of the spouses does not participate.What if it will be too painful for my children?Chances are that the divorce was probably pretty tough on the kids. The annulment actually can give peace of mind. It is the Church’s way of letting spouses know that there indeed was a problem with consent from the beginning. Also, most children want to see their parents happy. So, if seeking the declaration of nullity seems like the right decision for you, then your children will probably be supportive.My former spouse was abusive toward me, so won’t my annulment be automatic?There is no such thing as an automatic annulment. While certain features or events might have contributed to a difficulty in consent, it will still take objective evidence to prove that a marriage was invalid.If I’m divorced, I’m automatically excommunicated.Absolutely not. Even if a person divorces and remarries, he/she is not excommunicated but in an “irregular union.” In an irregular union, one is not normally able to approach the sacraments of Eucharist and confession without a firm decision to change one’s life, but people in this position are very much part of the care of the Church.My first marriage was not in the Catholic Church; so, it does not count.This is one of the most common misunderstandings. Marriage enjoys the favor of the law. Two rules are involved here.1. Catholics are required to follow Catholic laws when it comes to valid marriages. Therefore, Catholics are required to either get married in a Catholic ceremony, or, they are required to get permission to celebrate their marriage in a non-Catholic ceremony. Without this permission, if a Catholic gets married in a non-Catholic ceremony, it is not valid.2. Second, non-Catholics are not required to follow Catholic laws about marriage. So, when a non-Catholic marries in any kind of non-Catholic ceremony, we value this marriage with every bit of respect as though it were a Catholic marriage. Even if the non-Catholic ceremony was a simple civil ceremony at the courthouse, the Church holds it to be valid until proven otherwise.
For those curious …Matthew 5:31-32"It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery.The “Exception Clause” in Matthew 5: (παρεκτός λόγος πορνεία)When people think about divorce and remarriage in the New Testament, this is ground zero. This is a key passage. It's not found in Mark or in Luke.In 1 Corinthians 7:10-11 St. Paul says:To the married I give charge, not I but the Lord , that the wife should not separate from her husband (but if she does, let her remain single or else be reconciled to her husband)—and that the husband should not divorce his wife.Here St. Paul seems to be aware that Jesus taught about divorce and remarriage. There aren't many places in Paul where he quotes the Gospels.In the second part of Jesus’ statement there is absolutely no exception clause:“Whoever marries a divorced woman commits adultery.”There's no exception clause there.Paul is saying there might be cases where there is a separation, but Paul also insists you can't get remarried. If the wife and the husband separate, no remarriage. That's Paul's understanding, not of his own pastoral strategy, but of Jesus's own teaching. You can almost hear Paul being of sheepish when he says,“To the married I give charge, not I, but the Lord.”In other words, “I know this is going to be tough.” Paul knows divorce and remarriage is very common in pagan circles. He knows people are not going to like what he has to say. If the wife separates from her husband, either remain single, or be reconciled your husband, and the husband should not divorce his wife. Aware that sometimes it's going to happen, Paul says one must remain single.But I say to you, whoever divorces his wife, except for a case of sexual immorality [pornea], makes her commit adultery.What does “except for pornea (πορνεια)” mean? In Greek, porneia, can refer to a variety of unlawful sexual relations forbidden by Scripture, such as adultery by either husband or wife (Sir 23:16-23), incestuous unions (1 Cor 5:1), and prostitution (1 Cor 6:15–18)Three major positions that have been staked out.I. Pornea refers to incestuous marriages.Pornea is interpreted as incest in Leviticus 18, 1 Corinthians 5, and in another work called The Testament of Reuben. This would have been common in the Gentile world, but not in Judaism, i.e., marriages involving a husband and a wife that are brother and sister. This view argues that Jesus is excluding incestuous marriages from his teaching against divorce, which, according to Jewish law would be invalid. Advocates include many modern exegetes, especially Catholic ones, e.g., Joseph Fitzmyer, NAB). Paraphrasing Mathew:“Whoever divorces his wife, I'm not talking about incestuous marriages, those aren't real marriages, so we're not we're not dealing with that.”Herod was married his brother's wife, so John the Baptist accused Herod of incest, since his brother and his wife are family, so perhaps Jesus is saying,Whoever divorces his wife, except in the case of Herod, where John the Baptist was right, he should divorce his wife. They shouldn't separate.Many modern, primarily Catholic scholars take the view that pornea means incest. At Mass, in America, in English, you will hear, “except for unlawful marriages,” which is the translation of the New American Bible, and pornea means marriages involving incest.Catholic scholars have traditionally liked this view is because it's the least confusing for people. When Jesus condemns divorce and remarriage with an exception, it’s easily explained that Jesus is leaving out cases in which the marriages were unlawful or illegitimate marriages in the first place.But there are problems with this view.1. No one ever thought that pornea meant incestuous marriages until the 1840s. There are many people in the history of the Church who spoke Greek, we have no evidence that people read it this way.2. Jesus is talking to the Pharisees. Why would he even talk about incestuous marriages, as it would never happen in Jewish territory? Some say Matthew was written in light of the Gentile mission, so he added this to help understand Jesus’ teaching, thus the Holy Spirit led Matthew to add this to clarify the teaching. But the problem is nothing in Matthew 19 suggests that Gentile marriages are an issue here.3. In Leviticus 18 and in Testament of Reuben, pornea does not refer to incestuous marriages. It refers to the act of incest. You don't have to be married to commit incest. So there's very little evidence that pornea could be used to describe not just the act, but a marriage that is incestuous. It does work well with John the Baptist, but is that the particular reason here?4. Pornea is used for many types of sexual sins. So how do we know that it's specifically incest? The Torah condemns all such acts. In fact, pornea can refer to homosexual acts. Is that what Jesus has in mind in Matthew 19? It’s unlikely, but one must establish how one knows. Pornea refering to adultery would make sense in this context. So how do you know it's incestuous marriages, not just the act of incest? Moreover, Jesus is talking about Deuteronomy 14, which is not about incestuous marriages. It's about legitimate marriages.II. Jesus is referring to adultery.The second view is that Jesus thinks that you can divorce your spouse and remarry if your spouse has committed adultery. Now, this actually works well concerning Matthew chapter 1. Joseph wants to put Mary away quietly. Advocates of this position will say, “Why does Jesus say, ‘Whoever divorces his wife, except for adultery and marries another?’” It’s because he knew that his own human father, Joseph, had contemplated divorcing Mary at one point when he thought that she had been unfaithful to him. Who are the advocates of this view? The Protestant reformers. This is essentially a new view at the time of the Protestant Reformation. This view really took off with Luther and other Protestant reformers and exegetes. In their view, Jesus is saying, if your wife commits adultery, you can divorce her and marry somebody else. May Protestant churches hold this view to today.There are problems with this view.1. Jesus says marriage creates one flesh. Let no man separate what God has brought together. So are you saying that you can divorce your wife, even though God brought two together? No, divorce was forbidden “from the beginning.” What God has brought together man cannot separate.2. Jesus says that divorce is only for one’s hardness of hearts, but now he is saying,“Divorce was only for your hardness of heart, but, if your wife commits adultery, then you can divorce her and marry somebody else.”The biggest problem here is that at the end of Matthew 5 Jesus clearly says,“Whoever marries a divorced woman commits adultery.”There is no exception there. Jesus says two become one. You can try to divorce, but it’s not going to work, because what God has brought together no one can separate. So, if you marry somebody else who has been married, you commit adultery.3. St. Paul also says you can't divorce and remarry. So the view that says there is no divorce and remarriage except adultery, then you can divorce and remarry is difficult in light of the things he just said. Moreover, if you can divorce your wife because she commits adultery, why did the apostles say,“Who can keep this teaching? This is a hard saying.”If Jesus is giving them an out, why would the apostles be surprised?4. Finally, the argument that this fits with what happens in Matthew 1 in weak since we don't know with certainty why Joseph wanted to divorce Mary quietly. Maybe he didn't know what was happening and thought he shouldn't be involved in the relationship. Obviously, I’m not part of this story. I should step aside. So, there are major problems with this view.III. Jesus permits divorce in some cases.Whoever divorces his wife AND whoever marries another commits adultery. So, Jesus is saying you can divorce, but you can't remarry. There are instances where there's a legitimate civil divorce, but in God's eyes, you're still united to your spouse.This makes the most sense of Matthew 5 because there he says that if you divorce your wife, except for pornea, and marry another, you make her an adulterer. If Jesus is saying that if you divorce your wife because she's already committed adultery, then she's already an adulteress. You're not to making her an adulteress. Then you can see how that would make sense. Who takes his view that Jesus permits divorce in certain cases but never remarriage? Virtually all of the Church Fathers. This is also the ancient view of the Church. Some modern scholars also think that this is right.What are the problems with this view?1. One big problem everybody points out is the weird grammar.”“Whoever divorces his wife, except for pornea, and marries another, commits adultery”Shouldn’t Jesus have said,“Whoever divorces, except in this case it's okay, and remarries another, in all cases that's wrong.”It’s strange grammar. Here's the issue. None of the Church Fathers who wrote in Greek and who spoke Greek thought that was an issue. It might look strange to us who aren't native Greek speakers, but for native Greek speakers, like John Chrysostom, this was the natural way to read the passage.W.D. Davies and Dale C. Allison, in their commentary on Matthew say“According to the almost universal patristic as well as Roman Catholic opinion, Matthew permits only separation for adultery, not remarriage (cf. 1 Cor 7).So, if the unfaithful spouse commits adultery, the faithful spouse does not commit adultery unless he marries somebody else. If he marries a divorced woman, he commits adultery.The Protestant (Lutheran) scholar Uhrich Lutz, who wrote the second greatest commentary on Matthew says:“In my judgment no ecclesiastical legal solution is as close to the Matthean solution as is the Catholic.”The two most well-respected commentaries on Matthew say, “You got to give it to the Catholics on this.”The Catholic teaching is that in some cases it might be permissible, for the equitable distribution of goods or for the protection of one of the spouses for there to be a legal separation. But just because there's a legal separation doesn't mean that you can remarry, because in the eyes of God, marriage brings two togethe
Divorce vs. Annulment• Divorce - there was a valid, existing marriage bond, and it is terminated by the decision of a civil court. (The Church doesn’t recognize the authority of a court to do this.)• Annulment – the decree of a civil or church court that, even though there may have been an exchange of vows in a ceremony, from the very beginning there never was a valid, existing marriage bond.From the United States Conference of Catholic Bishop’s 2009 document, Marriage: Love and Life in the Divine Plan:We [the bishops of the United States] understand the pain of those for whom divorce seemed the only recourse...We urge them to make frequent use of the sacraments, especially the Sacraments of Holy Eucharist and Reconciliation…We encourage divorced persons who wish to marry in the Catholic Church to seek counsel about the options that exist to remedy their situation, including the suitability of a declaration of nullity when there is no longer any hope of reconciliation of the spouses.What is an annulment or a declaration of nullity?What is often referred to as a “marriage annulment” in the Church is actually a declaration by a Church tribunal (a Catholic Church court) that a marriage thought to be valid according to Church law actually fell short of at least one of the essential elements required for a binding union.For a Catholic marriage to be valid, it is required that:1. The spouses are free to marry, i.e., no impediments.2. The man and woman are capable of giving their consent to marry.3. They freely exchange their consent.4. In consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to having and raising children.5. They intend the good of each other.6. Their consent is given in the presence of two witnesses and before a properly authorized Church minister. Exceptions to the last requirement must be approved by Church authority (dispensation).Three primary types of an annulment: 1. Lack of Form, 2. Ligamen (Prior Bond), 3. Formal CaseAlso (very rare): 4. Pauline Privilege, 5. Petrine PrivilegeForm:• Form is the ceremony – the public celebration or manifestation of the exchange of consent.• Specific form must be observed for all Catholic marriages for validity.• There are two kinds of form for a Catholic wedding:o Ordinary Form: authorized sacramental minister (a priest or deacon) plus two witnesses.o Extraordinary Form: Two witnesses only plus danger of death situation, or good faith belief that no authorized sacramental minister available within about one month (common-law marriage).• The requirement for the observance of form for a Catholic marriage is a matter of ecclesiastical law.• Form can be dispensed by the bishop for a good reason.• Form is never dispensed where both parties are Catholic.In faithfulness to Jesus's teaching, the Church believes that marriage is a lifelong bond, therefore, unless one's spouse has died, the Church requires a divorced person to obtain a declaration of nullity before marrying someone else in the Catholic Church or before actually becoming a Catholic. The tribunal process seeks to determine if something essential was missing at the moment of consent, that is, the time of the wedding. If so, the Church can declare that a valid marriage was never actually brought about on the wedding day.
The Three Intentions Necessary for a Sacramental Marriage:1. Permanence (till death do we part)2. Faithfulness3. Openness to childrenWhat is a decree of nullity?A formal Church decree that what appeared externally to be a valid marriage was not, on account of some defect or impediment that existed at the time of the wedding ceremony.Impediments to marriage:• An impediment is a blockage – it blocks or bars the valid exchange of consent.• Impediments come either from divine law or ecclesiastical law.• Impediments from divine law apply to all marriages and cannot be dispensed.• Impediments from ecclesiastical law apply only to Catholic marriages and can be dispensed.Impediments from Divine Law – these apply to all marriages:• Impotenceo Impotence means the inability to engage in the marital act, not the inability to have children because of some medical or physical condition.o For impotence to be invalidating it must be permanent and antecedent to the marriage.• Consanguinityo In 3rd and 4th degrees collateral.• Ligamen (prior bond)Impediments from Ecclesiastical Law (These apply only to Catholic marriages):• Under ageo Girls must be 14, boys must be 16 (civil law requirements may be different).• Vow of chastity in a religious institutiono Public, perpetual vow of chastity in a religious institute of consecrated life renders subsequent attempted marriage invalid. • Disparity of culto Marriage between a Catholic and an unbaptized person is invalid unless dispensation obtained.• Holy Orderso Marriages after Holy Orders are invalid (it also incurs “automatic” excommunication). Holy Orders after marriage is valid.• Adoptiono Same as if related by blood.• Conjugicideo One can’t marry a person whose spouse you have murdered.o Abduction (of female by male).o Public propriety (can’t marry the parent or child of a person you are living with).
Consent – Consent makes the marriage – A marriage is valid if:• The proper form was observed,• There were no impediments,• The man and woman were ready, willing, and able on their wedding day to consent to marriage as the Church understands it.
Consent can suffer from defects:Defects of capacity• Lack of reasono Not able to reason – for example: insanity, mental retardation, drug / alcohol-induced temporary state.• Grave lack of due discretion (immaturity)o Able to reason but have not done so regarding essential elements of marriage.• Incapacity to assume obligations of marriageo Able to reason, and do reason, but are not capable of taking on obligations of marriage because of some psychic disorder (for example: alcoholism, serious personality disorders, homosexuality).Defects of Intellect• Ignoranceo The absence of knowledge. The Church requires that the parties to a marriage have at least a basic understanding that marriage is a permanent, heterosexual relationship ordered to procreation by means of sexual cooperation.o The law of the Church presumes that one who has reach puberty is not ignorant of this, but this presumption can be rebutted by evidence.• Erroro Mistaken knowledge. There are 4 types of error of intellect that can affect the validity of marriage: error of person error of a quality of a person error resulting from fraud or malice error regarding an essential property of marriage (unity, indissolubility, sacramental dignity)Defects of Will• Simulationo Lying – saying “I do” but meaning “I don’t.”o Total simulation – going thru the motions but having no intention at all to enter marriage (e.g., fraudulent marriage to get a Green Card)o Partial simulation – intending to exclude an essential element or condition of marriage (e.g., indissolubility, or procreation)• Conditionso Conditional marriage – “I marry you on condition that . . .” Prenuptial agreements can be a concern.o Future conditions – invalidate the marriage. “I marry you on condition that you get accepted to medical school and become a doctor.”o Present or past conditions – marriage valid if condition is fulfilled. “I marry you on condition that you went to medical school.” “I marry you on condition that you are free of sexually transmitted diseases.”• Force or fearo Marriage consent must be a freely given act of the will, thus, force or fear can invalidate consent as it can render the will un-free.o Force – to invalidate, the force must be external to the person – it must come from the outside. The kind of force involved here is “brute” or physical force – the proverbial shotgun wedding.o Fear – a more subtle form of force, more like intimidation. The threat or intimidation must be grave. If the person would have gone thru with the marriage even if the source of the fear had not been present, then the fear would not invalidate the consent.
Pauline Privilege (very rare): The dissolution of marriage of two persons not baptized at the time the marriage occurred. The Pauline privilege is drawn from the apostle Paul's instructions in 1 Corinthians.Petrine Privilege (very rare): Also known as the privilege of the faith or favor of the faith. Allows for dissolution by the Pope of a valid natural marriage between a baptized and a non-baptized person for the sake of the salvation of the soul.
What process is needed? Parties Contracting Marriage Place of Marriage Process Needed1 Catholic + Catholic Catholic Church Formal2 Catholic + Catholic Elsewhere w/ dispensation from Bishop Formal3 Catholic + Catholic Elsewhere w/o dispensation from Bishop Lack of Form4 Catholic + Baptized Catholic Church Formal5 Catholic + Baptized Elsewhere w/ dispensation from Bishop Formal6 Catholic + Baptized Elsewhere w/o dispensation from Bishop Lack of Form7 Catholic + Unbaptized Catholic Church Formal or Petrine8 Catholic + Unbaptized Elsewhere w/ dispensation from Bishop Formal or Petrine9 Catholic + Unbaptized Elsewhere w/o dispensation from Bishop Lack of Form10 Baptized + Baptized Anywhere Formal11 Baptized + Unbaptized Anywhere Formal or Petrine12 Unbaptized + Unbaptized Anywhere Formal,Pauline,Petrine13 Baptized + Baptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)14 Baptized + Unbaptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)15 Unbaptized + Unbaptized Anywhere + either previously married w/o declaration of nullity Ligamen (see note)
1. If two Catholics marry in the Catholic Church, the Formal process is required.2. If two Catholics marry elsewhere with a dispensation from form granted by the bishop, the Formal process is required.3. If two Catholics marry elsewhere without dispensation, the Lack of Form process is used.4. If a Catholic and a non-Catholic baptized person marry in the Catholic Church, the Formal process is required.5. If a Catholic and a non-Catholic baptized person marry elsewhere with a dispensation from form granted by the Bishop, the Formal process is required.6. If a Catholic and a non-Catholic baptized person marry elsewhere without dispensation, use the Lack of Form process.7. If a Catholic and an unbaptized person marry in the Catholic Church, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.8. If a Catholic and an unbaptized person marry elsewhere with a dispensation from form granted by the Bishop, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.9. If a Catholic and an unbaptized person marry elsewhere without dispensation, the Lack of Form process is used.10. If two non-Catholic baptized persons marry anywhere, the Formal process is required.11. If a non-Catholic baptized person and an unbaptized person marry anywhere, the Formal process or the Petrine Privilege process may be used (the Petrine Privilege is also known as the Favor of the Faith). The Formal process is usually the better choice and either party may be the Petitioner. The Petrine Privilege process is used infrequently because of all the conditions that apply and that fact that it must be granted by the Pope.12. If two unbaptized persons marry anywhere, the Formal process, the Pauline Privilege process or the Petrine Privilege process is used. Either party can be the Petitioner.13. If two non-Catholic baptized persons marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then the Formal process is used instead.14. If a non-Catholic baptized person and an unbaptized person marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then either the Formal process or the Petrine Privilege process is used instead.15. If two unbaptized persons marry anywhere, and either was previously married without having obtained a declaration of nullity for the previous marriage, the process for Ligamen is utilized (unless the Petitioner is the individual previously married and also plans to seek a declaration of nullity for the previous marriage). If the Ligamen process cannot be used, then either the Formal process, the Pauline Privilege process or the Petrine Privilege process is used instead.After an annulment is granted.1. The parties are free to marry in the Church.2. Usually with the proviso that they must have a “marriage readiness assessment” first.Common Questions:If a marriage is declared null, does it mean that the marriage never existed?Essentially yes. A declaration of nullity means that a marriage that was once thought to be valid civilly and canonically was in fact not valid according to Church law. A declaration of nullity does not deny that a relationship existed. It simply states that the relationship was missing something that the Church requires for a valid marriage.If a declaration of nullity is granted, are the children considered illegitimate?No. A declaration of nullity has no effect on the legitimacy of children who were born of the union following the wedding day since the child's mother and father were presumed to be married at the time that the child was born. Parental obligations remain after a marriage may be declared null.Why does the Catholic Church require an intended spouse, who is divorced but not Catholic, to obtain a declaration of nullity before marrying in the Catholic Church?This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard to understand why he/she must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for the intended spouse.The Catholic Church respects the marriages of non-Catholics and presumes that they are valid. Thus, for example, it considers the marriages of two Protestant, Jewish, or even nonbelieving persons to be binding for life. Marriages between baptized persons, moreover, are sacramental. The Church requires a declaration of nullity to establish that an essential element was missing in that previous union that prevented it from being a valid marriage, and thus the intended spouse is free to marry.Is divorce sinful?Not necessarily. “It can happen that one of the spouses is the innocent victim of a divorce decreed by civil law; this spouse has therefore not contravened the moral law.” CCC 2386. See Malachi 2:13-16.My fiancé/e and I want to marry in the Catholic Church. He/she has been married before and has applied for a declaration of nullity. When can we set a date for our wedding?You should not set a date until the tribunal's decision has been finalized. First, the petition may not be granted. Second, even if the petition is eventually granted, there may be unexpected delays in the process, e.g., if your fiancé/e's spouse wishes to appeal the tribunal's decision or if a prohibition highlighting concerns was placed on your fiancé/e along with the decision. How much does it cost?Pope Francis has asked dioceses, whenever possible, to provide their tribunal services free of charge.If I do not plan to re-marry, why should I seek an annulment?Some people find that simply writing out their testimony helps them to understand what went wrong and why. They gain insights into themselves. Others say that the process allowed them to tell their whole story for the first time to someone who was willing to listen. A person cannot know today if they might want to marry in the future when crucial witnesses may be deceased or their own memories may have dimmed.How can a couple who has been married for many years present a case?The tribunal process examines the events leading up to, and at the time of, the wedding ceremony, to determine whether what was required for a valid marriage was ever brought about. The length of common life is not proof of validity, but a long marriage does provide evidence that a couple had some capacity for a life-long commitment. It does not prove or disprove the existence of a valid marriage bond.How do I start the process?Talk to the priest/deacon in your parish.What if my former spouse will not agree to an annulment?The strongest cases have the testimony of both spouses, the Church always gives both spouses the opportunity to participate. But the validity of a marriage can be judged even if one of the spouses does not participate.What if it will be too painful for my children?Chances are that the divorce was probably pretty tough on the kids. The annulment actually can give peace of mind. It is the Church’s way of letting spouses know that there indeed was a problem with consent from the beginning. Also, most children want to see their parents happy. So, if seeking the declaration of nullity seems like the right decision for you, then your children will probably be supportive.My former spouse was abusive toward me, so won’t my annulment be automatic?There is no such thing as an automatic annulment. While certain features or events might have contributed to a difficulty in consent, it will still take objective evidence to prove that a marriage was invalid.If I’m divorced, I’m automatically excommunicated.Absolutely not. Even if a person divorces and remarries, he/she is not excommunicated but in an “irregular union.” In an irregular union, one is not normally able to approach the sacraments of Eucharist and confession without a firm decision to change one’s life, but people in this position are very much part of the care of the Church.My first marriage was not in the Catholic Church; so, it does not count.This is one of the most common misunderstandings. Marriage enjoys the favor of the law. Two rules are involved here.1. Catholics are required to follow Catholic laws when it comes to valid marriages. Therefore, Catholics are required to either get married in a Catholic ceremony, or, they are required to get permission to celebrate their marriage in a non-Catholic ceremony. Without this permission, if a Catholic gets married in a non-Catholic ceremony, it is not valid.2. Second, non-Catholics are not required to follow Catholic laws about marriage. So, when a non-Catholic marries in any kind of non-Catholic ceremony, we value this marriage with every bit of respect as though it were a Catholic marriage. Even if the non-Catholic ceremony was a simple civil ceremony at the courthouse, the Church holds it to be valid until proven otherwise.
For those curious …Matthew 5:31-32"It was also said, ‘Whoever divorces his wife, let him give her a certificate of divorce.’ But I say to you that everyone who divorces his wife, except on the ground of sexual immorality, makes her commit adultery, and whoever marries a divorced woman commits adultery.The “Exception Clause” in Matthew 5: (παρεκτός λόγος πορνεία)When people think about divorce and remarriage in the New Testament, this is ground zero. This is a key passage. It's not found in Mark or in Luke.In 1 Corinthians 7:10-11 St. Paul says:To the married I give charge, not I but the Lord , that the wife should not separate from her husband (but if she does, let her remain single or else be reconciled to her husband)—and that the husband should not divorce his wife.Here St. Paul seems to be aware that Jesus taught about divorce and remarriage. There aren't many places in Paul where he quotes the Gospels.In the second part of Jesus’ statement there is absolutely no exception clause:“Whoever marries a divorced woman commits adultery.”There's no exception clause there.Paul is saying there might be cases where there is a separation, but Paul also insists you can't get remarried. If the wife and the husband separate, no remarriage. That's Paul's understanding, not of his own pastoral strategy, but of Jesus's own teaching. You can almost hear Paul being of sheepish when he says,“To the married I give charge, not I, but the Lord.”In other words, “I know this is going to be tough.” Paul knows divorce and remarriage is very common in pagan circles. He knows people are not going to like what he has to say. If the wife separates from her husband, either remain single, or be reconciled your husband, and the husband should not divorce his wife. Aware that sometimes it's going to happen, Paul says one must remain single.But I say to you, whoever divorces his wife, except for a case of sexual immorality [pornea], makes her commit adultery.What does “except for pornea (πορνεια)” mean? In Greek, porneia, can refer to a variety of unlawful sexual relations forbidden by Scripture, such as adultery by either husband or wife (Sir 23:16-23), incestuous unions (1 Cor 5:1), and prostitution (1 Cor 6:15–18)Three major positions that have been staked out.I. Pornea refers to incestuous marriages.Pornea is interpreted as incest in Leviticus 18, 1 Corinthians 5, and in another work called The Testament of Reuben. This would have been common in the Gentile world, but not in Judaism, i.e., marriages involving a husband and a wife that are brother and sister. This view argues that Jesus is excluding incestuous marriages from his teaching against divorce, which, according to Jewish law would be invalid. Advocates include many modern exegetes, especially Catholic ones, e.g., Joseph Fitzmyer, NAB). Paraphrasing Mathew:“Whoever divorces his wife, I'm not talking about incestuous marriages, those aren't real marriages, so we're not we're not dealing with that.”Herod was married his brother's wife, so John the Baptist accused Herod of incest, since his brother and his wife are family, so perhaps Jesus is saying,Whoever divorces his wife, except in the case of Herod, where John the Baptist was right, he should divorce his wife. They shouldn't separate.Many modern, primarily Catholic scholars take the view that pornea means incest. At Mass, in America, in English, you will hear, “except for unlawful marriages,” which is the translation of the New American Bible, and pornea means marriages involving incest.Catholic scholars have traditionally liked this view is because it's the least confusing for people. When Jesus condemns divorce and remarriage with an exception, it’s easily explained that Jesus is leaving out cases in which the marriages were unlawful or illegitimate marriages in the first place.But there are problems with this view.1. No one ever thought that pornea meant incestuous marriages until the 1840s. There are many people in the history of the Church who spoke Greek, we have no evidence that people read it this way.2. Jesus is talking to the Pharisees. Why would he even talk about incestuous marriages, as it would never happen in Jewish territory? Some say Matthew was written in light of the Gentile mission, so he added this to help understand Jesus’ teaching, thus the Holy Spirit led Matthew to add this to clarify the teaching. But the problem is nothing in Matthew 19 suggests that Gentile marriages are an issue here.3. In Leviticus 18 and in Testament of Reuben, pornea does not refer to incestuous marriages. It refers to the act of incest. You don't have to be married to commit incest. So there's very little evidence that pornea could be used to describe not just the act, but a marriage that is incestuous. It does work well with John the Baptist, but is that the particular reason here?4. Pornea is used for many types of sexual sins. So how do we know that it's specifically incest? The Torah condemns all such acts. In fact, pornea can refer to homosexual acts. Is that what Jesus has in mind in Matthew 19? It’s unlikely, but one must establish how one knows. Pornea refering to adultery would make sense in this context. So how do you know it's incestuous marriages, not just the act of incest? Moreover, Jesus is talking about Deuteronomy 14, which is not about incestuous marriages. It's about legitimate marriages.II. Jesus is referring to adultery.The second view is that Jesus thinks that you can divorce your spouse and remarry if your spouse has committed adultery. Now, this actually works well concerning Matthew chapter 1. Joseph wants to put Mary away quietly. Advocates of this position will say, “Why does Jesus say, ‘Whoever divorces his wife, except for adultery and marries another?’” It’s because he knew that his own human father, Joseph, had contemplated divorcing Mary at one point when he thought that she had been unfaithful to him. Who are the advocates of this view? The Protestant reformers. This is essentially a new view at the time of the Protestant Reformation. This view really took off with Luther and other Protestant reformers and exegetes. In their view, Jesus is saying, if your wife commits adultery, you can divorce her and marry somebody else. May Protestant churches hold this view to today.There are problems with this view.1. Jesus says marriage creates one flesh. Let no man separate what God has brought together. So are you saying that you can divorce your wife, even though God brought two together? No, divorce was forbidden “from the beginning.” What God has brought together man cannot separate.2. Jesus says that divorce is only for one’s hardness of hearts, but now he is saying,“Divorce was only for your hardness of heart, but, if your wife commits adultery, then you can divorce her and marry somebody else.”The biggest problem here is that at the end of Matthew 5 Jesus clearly says,“Whoever marries a divorced woman commits adultery.”There is no exception there. Jesus says two become one. You can try to divorce, but it’s not going to work, because what God has brought together no one can separate. So, if you marry somebody else who has been married, you commit adultery.3. St. Paul also says you can't divorce and remarry. So the view that says there is no divorce and remarriage except adultery, then you can divorce and remarry is difficult in light of the things he just said. Moreover, if you can divorce your wife because she commits adultery, why did the apostles say,“Who can keep this teaching? This is a hard saying.”If Jesus is giving them an out, why would the apostles be surprised?4. Finally, the argument that this fits with what happens in Matthew 1 in weak since we don't know with certainty why Joseph wanted to divorce Mary quietly. Maybe he didn't know what was happening and thought he shouldn't be involved in the relationship. Obviously, I’m not part of this story. I should step aside. So, there are major problems with this view.III. Jesus permits divorce in some cases.Whoever divorces his wife AND whoever marries another commits adultery. So, Jesus is saying you can divorce, but you can't remarry. There are instances where there's a legitimate civil divorce, but in God's eyes, you're still united to your spouse.This makes the most sense of Matthew 5 because there he says that if you divorce your wife, except for pornea, and marry another, you make her an adulterer. If Jesus is saying that if you divorce your wife because she's already committed adultery, then she's already an adulteress. You're not to making her an adulteress. Then you can see how that would make sense. Who takes his view that Jesus permits divorce in certain cases but never remarriage? Virtually all of the Church Fathers. This is also the ancient view of the Church. Some modern scholars also think that this is right.What are the problems with this view?1. One big problem everybody points out is the weird grammar.”“Whoever divorces his wife, except for pornea, and marries another, commits adultery”Shouldn’t Jesus have said,“Whoever divorces, except in this case it's okay, and remarries another, in all cases that's wrong.”It’s strange grammar. Here's the issue. None of the Church Fathers who wrote in Greek and who spoke Greek thought that was an issue. It might look strange to us who aren't native Greek speakers, but for native Greek speakers, like John Chrysostom, this was the natural way to read the passage.W.D. Davies and Dale C. Allison, in their commentary on Matthew say“According to the almost universal patristic as well as Roman Catholic opinion, Matthew permits only separation for adultery, not remarriage (cf. 1 Cor 7).So, if the unfaithful spouse commits adultery, the faithful spouse does not commit adultery unless he marries somebody else. If he marries a divorced woman, he commits adultery.The Protestant (Lutheran) scholar Uhrich Lutz, who wrote the second greatest commentary on Matthew says:“In my judgment no ecclesiastical legal solution is as close to the Matthean solution as is the Catholic.”The two most well-respected commentaries on Matthew say, “You got to give it to the Catholics on this.”The Catholic teaching is that in some cases it might be permissible, for the equitable distribution of goods or for the protection of one of the spouses for there to be a legal separation. But just because there's a legal separation doesn't mean that you can remarry, because in the eyes of God, marriage brings two togethe