Thomas C Burke Publishing Company Preface Page 3

Preface Page 3

cognize that two consenting people entered into the covenant of matrimony AND the Church contends that no person and no state can break that covenant.9 (Even the Catholic Church, as you will read, does not have the authority to break the covenant of matrimony.) However, if an impediment or a defect in the man's or the woman's consent can be determined to have existed before the wedding took place, then it may be established that a marriage was an invalid covenant from the moment that it was attempted.10

In the process of petitioning the Catholic Church for a Declaration of Invalidity, the Church begins an investigation to determine whether there were any causes11 that may have prevented one or both persons from being competent and capable (ready, willing and able)12 to give their consent to each other on the wedding day. If it can be established that an impediment or a defect of consent existed at the moment of matrimonial consent, a Declaration of Invalidity will be issued. However, if no Declaration of Invalidity is sought or issued, then the Catholic Church submits to the words of Jesus: "...Whoever divorces his wife and marries another commits adultery against her; and if she divorces her husband and marries anther, she commits adultery." Mark 10:11-12 NRSV

With this concept of being in a relationship with God clearly in mind, the Catholic Church wants to discourage you from seeking a Declaration of Invalidity. The Church appeals to your understanding of your everlasting relationship with God and encourages you to restore yourself in your marriage covenant. One avenue for this restoration to occur is a Catholic spiritual retreat known as Retrouvaille (French word meaning "rediscovery"). This is a scripture-based weekend retreat intended for couples who are struggling in their relationship, for couples who are separated, and for couples

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who are civilly divorced. The openness of each person to "rediscover" self and the spouse in Christ is a prerequisite. (For more information, contact a Catholic parish community or the Retrouvaille website at http://www.retrouvaille.org)

As this Preface comes to a close, one burning issue remains: children. Oftentimes, people have a concern regarding how the Church will view their children if their marriage receives a Declaration of Invalidity. If you have this same concern, know that even though your marriage may be declared to be invalid, the Church always acknowledges any child born during your (legal) marriage to be (legal) legitimate. In addition, the Catholic Church always upholds the dignity of any child as being a creation of our Creator and honors and cherishes that child in this reality. If you are Catholic, it may be of importance to know that if any of your children received any of the seven designated Catholic Sacraments, these Sacraments are valid and do not need to be celebrated again.

While proceeding through this booklet, be aware that the Catholic Church recognizes that it is undertaking a great task while investigating your marriage. The Church is treading upon Sacred Ground and realizes the importance of its responsibility to be thorough and confidential.13 Therefore, the Church does not trivialize this process and it will prudently handle your marriage with great diligence and utmost care.

As you begin to petition the Catholic Church for a Declaration of Invalidity, I pray that you will encounter the living Christ and will be able to more authentically reflect your relationship with God to each person that you meet throughout your life...especially your spouse.

Peace be with you!

9Regardless of what faith group a man and a woman claim, the Law of the Church favors the previous marriage as being THE valid covenant. With this in mind, if a person who claims Buddhism as their faith group marries another Buddhist, the Law of the Church recognizes that their marriage is a valid covenant. Any subsequent marriage is not recognized as being a valid covenant since the Church declares that a person can be in only one covenant of marriage. The reader should know that if a spouse dies, the living spouse is free to give his/her consent in another marriage (with no need of a Declaration of Invalidity) and this new marriage is considered to be THE valid covenant and possibly a sacrament by the Church. Also, if the spouse(s) from a previous marriage is (are) living and the marriage receives a Declaration(s) of Invalidity, then the man and the woman are considered to be spiritually free to give their consent in another marriage. When, after the Declaration(s) of Invalidity is (are) issued, consent is given in marriage as prescribed by Catholic canonical form, this marriage is considered by the Church to be THE valid covenant and possibly a Sacrament.
10For a brief explanation of the various causes that may render a marriage to be declared to be invalid, see Appendix.
11Here, a "cause" is interpreted to be some issue that was present in one and/or both persons that would lend itself to a defect in the person's ability to give consent competently and capably (with full knowledge, free will and ability). Another definition of "cause" can mean that there is an impediment present in one and/or both persons that would prevent a person from giving his/her consent in a valid marriage. For more details, see Appendix.
12Throughout this booklet, the phrase "ready, willing and able" refers to the Code of Canon Law, Canons 1095-1103. More specifically, this phrase refers to defects of knowledge (canons 1096-1100), defects in the will (canons 1101-1103), and an incapacity for consenting (canon 1095).
13All information and testimonies are confidential; however, both parties directly involved in this investigation (Petitioner and Respondent [see definitions below]) have the right to access all information and testimonies. The judge has the prerogative of sealing some of the testimony for the good of the parties, the common good, etc. In order to seal the testimony, the judge must document the decision to do so and declare his reason. It must be stated that the information and testimonies cannot be shared with others outside of the Petitioner and Respondent.