Re-marriage in church
With the participation of the Community of Parishes Gambsheim-Kilstett.
More and more people are now asking the church for a blessing alliances because they are divorced and can not remarry in church.Indeed, even if this protocol is not a religious marriage is the only religious ceremony possible for divorced people who, during a remarriage, wants a new "transition" to the church.
To try to resolve problems at source, the Catholic Church looks with concern and compassion on couples seeking in check if there were objective reasons prior to marriage that could have prevented a real commitment of spouses and sacramental, consequently, the very existence of the sacrament of marriage.The Church has no power over marriage valid, which is a sacrament, however, it has the right and duty to see his disability, so the "nullity", which means not having the sacramental bond from the beginning, of course, in very specific cases and proven.
This practice is not new, but nowadays has expanded with a new psychological approach, is a source of hope for many couples fail to have the feeling that merits their marriage could not not be valid and had not succeeded despite their goodwill and their efforts.
This procedure has the shape of a trial, but, unlike a civil trial, it is on file, ie without the meeting of the parties before the judges.Indeed, this is not the person of ex-spouses who are called into question but the existence of sacramental bond that has united. As a result, fears often expressed by the plaintiffs not to stir the past are unfounded.
The procedural steps:
When one spouse has the feeling that her marriage may be declared invalid, it contacted the official diocesan (a church that takes care), the applicant. The court is:
- The venue of the celebration of marriage
- The home of the defendant (the Joint Non-applicant)
- The home of the applicant.
The applicant shall contact the official who directs possibly to a church lawyer.Then, it sends a label (the letter or memory), which outlines the reasons for his request.The procedure takes between 12-18 months into two mandatory. All fixed costs (including counsel) are set at 300 € in the first instance and 100 € on appeal.If problems should be addressed to the Archbishop.
1 - The investigation of the cause:
When the application is accepted and the reason for invalidity retained an auditor conducts the official hearing of the plaintiff, the defendant (later) and their witnesses.
2 - The discussion of the case:
Given the record thus constituted, the lawyer (if any) prepares the pleadings, giving the arguments in favor of nullity of marriage.Meanwhile, or immediately after the conclusion of the investigation (without lawyer), the defender of the link made his comments in favor of the marriage bond.
3 - Decision:
The file is then given to judges who, after having studied individually and gave their opinion, meet together to make the decision.This decision, even if it is yes should be confirmed or refuted by the official 2nd instance.
And ratified the sentence becomes final.If the parties feel aggrieved by the decision they can appeal.
The speakers of the official:
- The Official
Also known as judicial vicar is a priest representing the bishop, responsible for examining applications and to respect the right of people in the diocese.
- Judges diocesan
Together with the Official diocesan and the court must rule on cases that are presented.
- Supporters of the link
Exercising the Crown and are responsible to make the case for marriage.
- Listeners
Its objective is to investigate the causes and receive evidence from those involved and their witnesses.
- Lawyers church
Can guide and assist the parties in their approach throughout the proceedings.
- The notary
Responsible for the shape of the procedure, certify the authenticity of documents and compliance records.
Outside the Official, which is necessarily priest, the others can be priests or laity, who are trained and recognized by the bishop.
The defects of consent:
1 - Disabilities
- The lack of discernment.
Indeed, spouses, by marrying, must not only know what marriage but should be able each to carry out this particular marriage contract they want personally.
But this discernment may be disrupted by a serious defect of reason, or a serious deterioration of the will. The flaw concerns the subject of consent.
- The inability to assume the essential obligations of marriage.
Here is the ability of the subject itself is questioned. Also, some people may consent to marriage, but for reasons of psychological nature, be unable to fulfill the commitments they make.
2 - Other reasons
- The mistaken identity:
This is the case of a spouse is revealing quite different after marriage.
- The error on a quality of the person:
The nullity of marriage can not be recognized here that if there is evidence that the quality was lacking in the essential spirit of the contractor.
- Fraud:
There fraud when an element of the life of one of the contractors is deliberately hidden.
- La simulation : - Simulation:
This simulation can be total (the contractor accepts the marriage for reasons other than the Sacrament).It may also be partial (the contractor's firm intention not to fulfill any of the essential obligations of marriage).
- Exclusions:
- Exclusion of the unity of marriage.This applies to people marrying with the clear intention of not respecting marital fidelity.
- Exclusion of procreation.When there is a total and definitive rejection of procreation.
- Exclusion of indissolubility. It is totally reject the life of the marital bond.
- Marriage conditional:
Marriage is then attached a condition on the past, the present or the future.
- Violence or the fear:
One of the contractors are faced with such a pressure that is forced marriage.
If you think you find in one case described above, do not neglect this opportunity and please contact your parish priest or directly from your official Diocese.
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