MARRIAGE

The North American Old Roman Catholic Church believes and professes that Matrimony is one of the seven Sacraments instituted by Jesus Christ. We hold and profess that it is not within the power of the Church to change any part of the substance of any Sacrament, including Matrimony. Thus in keeping with this belief and in conformity to the Sacred Scriptures, we hold that Matrimony is a Sacrament which binds one man and one woman together as husband and wife, in a lifelong union, which is blessed by Christ via the actions of the priest, and which confers a sacramental grace to enable them to live together in love and respect, and to fulfill the duties and responsibilities of married life and the raising of children, should Almighty God bless them in such a manner. 

The outward sign of this Sacrament is the exchange of the vows between the bride and the groom and the blessing and pronouncement of the priest. The Sacrament of Matrimony was established by our Lord when He elevated the married state of life to a sacramental status by performing His first miracle at the wedding feast at Cana. The scriptural proof of the sacramental status of marriage, and its acceptance as such by the Christian Church since apostolic times is found in the Fifth Chapter of the Epistle of St Paul to the Ephesians beginning at the twenty-second verse. St Paul likens the married state to a real reflection and imitation of the relationship between Christ and His Church. He concludes this chapter with the following verses: "32  This is a great sacrament; but I speak in Christ and in the Church. 33  Nevertheless let every one of you in particular love for his wife as himself: and let the wife fear her husband."  (Doauy-Rheims translation) 

The Sacred Scriptures also clearly establishes the fact that this Sacrament is established as a union of a man and a woman for the purpose of sanctifying family life and the procreation of children which is man's unique sharing in the creative power of God, by cooperating with Him in the propagation of the human race, each person and soul being made in the image and likeness of God. Thus we teach, that as Almighty God has established firmly the subjects of this Sacrament (a man and a woman) and has blessed this union as the essential unit of the human family and the fountain of family life and the nurturer of children, the Church does not possess the power or the authority to change any of these essential features of marriage or the Sacrament of Matrimony duly established by Christ, the Lord and Chief Shepherd of His Church here on earth.

The Church, by the authority conferred upon her by Our Lord, has established the criteria necessary to contract a truly sacramental union and to receive the grace of the Sacrament of Matrimony. Just as Our Lord elevated the pre-sacramental estate of marriage to the Sacrament of Matrimony, so too, the Church recognizes the natural estate of marriage between a man and a woman, even if the partners are neither Catholic nor Christian, while providing the means by which marriage is transformed into the Sacrament of Matrimony for Catholics. The natural estate of marriage was established when God gave Eve to Adam as his wife, and provided for the propagation of the human race. In the course of time, when Christ came to fulfill the promises of the Old Testament and established a new covenant with man, He elevated the natural estate of marriage to sacramental status. The Canons of the Church delineate the conditions necessary for Christians to contract a valid and sacramental marriage and to receive the Blessing and Sanctifying Grace of the Sacrament of Matrimony.

In accord with the Sacred Scripture, the unaltered and universal teaching of the Catholic Church since Apostolic times, and the living magisterium of the Church, the North American Old Roman Catholic Church maintains the absolute essential that marriage and the Sacrament of Matrimony can be validly received only by the union of one man and one woman, and that no other union constitutes a marriage according to the mind and will of Almighty God. The Church rejects all such unions regardless of their constitution (single gender, pluriform, simulated, impermanent, provisional, etc), their purpose (natural rights, equal rights, freedom of conscience, rejection of authority, etc.), or their origin (civil or pseudo-ecclesiatical) as violations of the established will and order of Almighty God.

The North American Old Roman Catholic Church, while acknowledging the necessity of the state to regulate the civil conditions and effects of marriage, in a society where its citizens belong to many different faith traditions: Christian, non-Christian, pagan, agnostic, atheistic, indifferent or to no faith tradition at all, it also acknowledges and holds that there are limitations to the state's authority. The state is competent to regulate the civil conditions and effects of marriage according to the Civil Law, but has no competence to regulate or attempt to legislate for the Church in anything concerning the Sacrament of Holy Matrimony. Thus we acknowledge and define the Church's position regarding the so-called separation of church and state as it pertains to the estate of marriage/Holy Matrimony. The natural estate of marriage falls within the competence of the state to regulate  while still bound by certain definite limitations to its authority; the sacramental status of the Sacrament of Holy Matrimony falls outside of the jurisdiction and competence of the state to regulate or legislate. The North American Old Roman Catholic Church, in acknowledging the natural estate of marriage and the right of persons to enter into that state of life, simultaneously acknowledges that marriage is a right governed first by the Natural Law, which predates the establishment of any human authority whatsoever, as it was established by the Divine Creator, Almighty God, when He created Adam and Eve, and gave them to each other as husband and wife. Any authority exercised by any civil authority is an authority it has either assumed, been granted, or has arrogated to itself, and is thus limited by the terms previously established by a higher competent authority and cannot exceed those limits. Thus we hold that the state has no competence to re-define the estate of marriage to include any form of union, regardless of the name or term given to it, that attempts to change any of the basic or essential elements of marriage as initially established by Almighty God. This includes any unions of same gender, multiple partners, underage or incompetent persons, etc., or which permits of impermanence .   

The North American Old Roman Catholic Church, in making this distinction and professing this belief, does not seek to impose her own teachings or legislation universally upon those persons not subject to her own ecclesiatical authority. We assert the right and competence to define and set the standards by which marriage and the Sacrament of Matrimony will be recognized, authorized and administered within our own jurisdiction and for our own ecclesiastical subjects and members. The Church's own competence is exercised within the following cases: (1) for all members of our Old Roman Catholic Church; (2) for all persons previously married and who seek to become members of our Old Roman Catholic Church; (3) for all persons (regardless of their previous or present ecclesiastical affiliation) who voluntarily seek to be married within our Old Roman Catholic Church and/or by one of our clergy, as such a marriage must be in conformity with our teachings and practice, and the persons entering into this marriage must freely and willingly submit themselves to the rules and regulations of the Old Roman Catholic Church before we will perform the said marriage; (4) any and all persons seeking to receive the recognition of the Old Roman Catholic Church for their marriage or to receive the Blessing of the Church to transform their marriage into the Sacrament of Matrimony by means of a convalidation ceremony.

DIVORCE

The North American Old Roman Catholic Church, like most Christian Churches, deplores the current state of married life within the world at large. In the past several decades, a major shift has occured in which the state of marriage has experienced drastic changes in attitudes, behaviors and even basic concepts and principles, and unfortunately the shift has not been for the better.

Too many people today, but especially young people, are rejecting the very notion of marriage and substituting it with cohabitation, i.e. living together without the benefit of marriage. They have rejected the concept that permanence, commitment, loyalty, effort and faith are essential components, which are necessary for the success of any type of union. They believe that they "dont need a piece of paper to make us a couple". These people often live in the "here and now", and have no intention of maintaining a permanent commitment or of expending any effort to make a difficult situation work. As soon as there is a problem, they pick up their things and "move on" regardless of the impact emotionally, physically, psychologically, financially or spiritually  on their partner.  They do not want to be tied down or to have their personal liberties and freedoms limited by anything, least of all by a "piece of paper" or an "unreasonable partner".

For many people who have already entered into a marriage, they too have rejected the nature of permanence in the marriage. Divorce is seen as an easy way to "break the ties that bind", whenever the circumstances are conducive or convenient. The concept of trying to work out their differences in a difficult marriage are seen as archaic and outmoded. Like the world around them, they live in an "instant and throw-away society" in which gratification and satisfaction are seen as immediate needs and whatever has become unnecessary or undesirable can be discarded without care or concern. The most unfortunate aspect of this attitude is that they apply this principle to people as much as to objects.

The underlying problem in both of these cases, as is the case in most of the other problems which face the Church when discussing the Christian principles and values of marriage, is the lack of sufficient preparation and training of young people in the essential values of our faith and in a respect for themselves, their partners, their families, their faith and their word. In too many cases they are caught up in the romance and dreams of love, and yet have no real knowledge or experience of what real, true love is all about. They expect others to display a respect for them, yet have not learned to reciprocate that same respect for others. They expect others to honor the commitments made to them, but do not demonstrate an understanding that they too are expected to honor their commitments, especially when things are difficult and they dont wish to do so. Too often in today's world we are confronted with evidence in the civil, political, educational, religious, governmental and social realms, that the concept of accepting personal responsibility for one's actions and decisions is either unheard of, or completely disregarded. The common tactic in these situations has been to attempt to shift responsibility from where it belongs and to place it onto someone else's shoulders; and to shirk any sense of responsibility or commitment and to blame others for one's own mistakes. This lack of responsibility, maturity, true love, honor and respect are at the heart of most, if not all, failed marriages.

The Church today is confronted more directly with this situation than perhaps at any time in the past. It is unfortunately a prevailing condition of the modern world. Thus the Church must find a way to address these circumstances, all the while maintaining the teachings and principles concerning true Christian Marriage, and yet to deal pastorally with the reality that many of today's marriages have ceased to be real marriages and that many others should never have taken place. The Church must also address her own failure to properly and adequately educate, train and prepare her faithful, especially the young, in the values, principles and responsibilites of married life, and true Christian responsibility. This is not to say that these circumstances have never before existed, they most certainly have, as we can see in St Mark's Gospel (Chapter 10, verses 2-9), where Our Lord acknowledges that in the Old Testament, Moses made provision for a "bill of divorcement" due to the hardness of heart in some marriages, which made continued marrried life impossible. Jesus reiterated the principles of marriage as being a permanent, life-long commitment, but acknowledged the weakness of human nature. So too, the Church today must face the reality that many times, unions that are called and treated as marriages either were never so from the start due to some defect in the "contractual" nature of marriage, or they have ceased to be healthy or even safe unions to be preserved. How can the Church address one aspect (the breakdown of the marriage) without appearing to compromise its principles regarding the other (the permanence and indissolubility of the marriage)? Suddenly that dreaded word appears on the horizon....divorce! "The divorce scandal" has been described in an anagram as: "Can discard the love." Perhaps that says it quite succinctly. An acronym of divorce enunciates many of the principal reasons for the failure of so many marriages that end in divorce....

D (disrespect)

I (immaturity)

V (violence)

O (other options / opportunities / partners)

R (resentment)

C (carnal lust)

E (ego-centric i.e. self-centered or selfish). 

DIVORCE....a word that brings disappointment and a sense of trepidation to most clergymen. Why? Because it carries with it the sense of complete failure. Failure of the marriage, failure of the parties to address their issues before an undeniable breakdown occurred, and the failure of the church and her clergy to properly instill in her faithful the principles, values, duties and responsibilities of the Sacrament of Matrimony and the great burden and yet also the great graces that come with married life. For centuries divorce has been viewed as the ultimate antithesis of Christian Marriage. But does it necessarily mean that it is?.... or that it has to be so? 

The Objection To Divorce

The most common and the strongest objection to the issue of divorce from a Christian perspective is found in the Gospel of St Mark Chapter 10, verse 9: "What therefore God hath joined together, let not man put asunder." How much more powerful an injunction could one look for against divorce than the words of the Savior Himself? Besides, in addition to the words of Our Lord, don't we also have a nearly two thousand year old tradition in the magisterial teachings of the Church to serve as our authority? Christian tradition and teaching is clear on this matter....marriage is a life-long union of one man and one woman that lasts until death....no divorce is permitted. The objection to divorce need not be elaborated on any further. Christ said no divorce....therefore, NO DIVORCE!

The Argument

The objection cited above is certainly the principal and most compelling dictum forbidding divorce within a Christian marriage. It is clear, authoritative and unequivocal. But, is it prohibitive... or is it perhaps directive, exhortative or admonitory?

If it is prohibitive, then there can be no appeal from its dictum...no divorce is permitted! The Supreme Authority of the Church has so commanded. However, if it is primarily directive, then its purpose is not to prohibit, but rather to instruct and direct a particular course of action. If it is exhortative, then its purpose is to urge, encourage and appeal for a particular pattern of behavior. If it is admonitory, its purpose is to give strong advice, counsel and a warning of danger concerning the actions about to be undertaken. One of the problems of quoting a particular passage from Scripture is that it can often be taken out of context. Now, we are not suggesting that this passage from St Mark's Gospel is being taken out of context as it was presented. It most definitely was not. However it must also be viewed and understood within the context of the entire message of the Gospels and of our Lord's compassion for the good faith and also the human failings of His people; as well as the mission, vocation and ministry of His Church.

While it is true that there are examples in the Scripture of direct commands and prohibitions from our Divine Savior to mankind and to His Church, it must also be acknowledged that the vast amount of His teachings were directive, exhortative, admonitory and preceptive. Our Lord wished to encourage His followers to a voluntary cooperation with His Divine Plan and with his words. In no instance do we see any evidence of our Lord commanding any action contrary to the good intentions and free will choices of the faithful. He exhorts them to better things; He admonishes them to avoid those things which are dangerous to their souls; He directs them to re-focus their thoughts and actions on doing the will of the Father; and He instructs by certain precepts, what is necessary to gain entrance into the halls of heaven.

Our Lord also is seen frequently rewarding the intentions and efforts of those who try to conform to His will, and He forgives those who through human nature fail to achieve all that they would prefer to do in following Him. Mercy, forgiveness, tenderness and compassion are true hallmarks of Our Lord's ministry during His sojourn on earth. He also directs His Church to follow in His footsteps "For I have given you an example, that ye should do as I have done to you." (St John 13: 15). For this reason the North American Old Roman Catholic Church considers the passage "What therefore God hath joined together, let not man put asunder" to be primarily exhortative and preceptive....that it sets forth a goal to be attained and instructions or precepts to be followed as to proper conduct within married life. But as in all things, God has provided for the failings of our weakened human nature as well. He has provided the Sacrament of Penance to absolve truly repentent Christians from their sins, regardless of the gravity of those sins; he has granted His own authority to His Church as found in the Gospel of St Matthew "And Jesus came and said to them, 'All authority in heaven and on earth has been given to Me' and again 'And He called to Him His twelve disciples and gave them authority.'" In St Luke's Gospel Jesus tells us "Be ye therefore merciful, as your Father also is merciful." St Matthew's Gospel also makes it abundantly clear that Our Lord endowed His Church with His own power and authority and that He would honor whatever decisions His Church made, when he said: "I will give to you the keys of the kingdom of heaven, and whatsoever you bind on earth shall be bound in heaven, and whatsoever you loose on earth shall be loosed in heaven." Thus the Church is empowered to act in the Name of Christ (in persona Christi). We act "in persona Christi" when we, in His Name, bind the bride and groom after they have exchanged their vows and the Sacrament of Matrimony is conferred. The Church has also been empowered by her Divine Founder, to exercise in a most judicious manner, the power to loose as well as to bind, should there be a proper pastoral need. We can find two precedents for this "loosening power" already at work within the Church. Those two precedents are commonly known as the Pauline and the Petrine Privileges. Both cases involve the dissolution of a marriage in favor of the Faith, the first being between two non-baptized persons, and the second between a baptized Christian and a non-baptized person. Thus the Church acting "in persona Christi" already exercises this power to bind and to loose, as a merciful or spiritual concession due to the failing of human nature, when a conversion to the Christian Faith is the cause of the action.

The Resolution

The North American Old Roman Catholic Church, in defining her attitude towards marriage, divorce, remarriage and annulments has faithfully examined the practice of the Eastern Orthodox Churches, which have for many years pastorally addressed the situation of failed marrriages without ever compromising the essential teachings on the indissolubility of Christian Marriage. By invoking a basic principle of Theology known as "epikeia" the Orthodox Church grants a kind of dispensation from the letter of the law under individual circumstances, without creating a canonical precedent or without changing the doctrinal teaching of the Church. The Western or Latin Church (including the North American Old Roman Catholic Church) also incorporates this principle into its Theological teachings, under the name of either "epikeia" or "economia". When epikeia is joined to another principle of Sacred Theology, "Salus animarum est suprema lex" (The salvation of souls is the highest law), then it is clear that the Church has the authority to adjust the conditions or to loosen the partners from a marriage that is no longer a marriage. If we are to remain true to our vocation and mission to bring all mankind to Christ and into a closer relationship with Him, we must do so with all the power and authority granted to us by our Lord, BUT, with great care and judiciousness, lest we be found wanting in our administration by the Supreme Judge of All, for misusing His gifts or abusing His love and mercy.

The next concept to be addressed is the nature of the life-long commitment that lasts until death. We in the North American Old Roman Catholic Church hold firmly to this bedrock principle of Christian Marriage and to the teachings of our Divine Savior. However, we do depart from many of our Christian brothers and sisters in how we define "death". As is common with all other Christians and Catholics, we acknowledge that death in a marriage refers principally to the physical death of one of the spouses. When this occurs, the marriage bond is broken and the surviving partner is free to enter into a new Christian Marriage (after an appropriate period of mourning and preparation). However, we also consider the marriage as the new life lived by the spouses as one person (cf: Gospel of St Mark 10: 8) "And they twain shall be one flesh: so then they are no more twain, but one flesh."

Just as in the Sacrament of Baptism there is a "new birth in Christ" and a new spiritual life begins, which must be nourished by the Body and Blood of Christ, so too we believe that in the Sacrament of Matrimony (Marriage) a "new married life as husband and wife" begins when the spouses surrender their individual lives and now live and share a common life, which must be nourished by the food of love, honor and respect. Thus the marriage for us takes on a special kind of life of its own, apart from the physical life of the spouses. And just as the physical life of the spouses depends upon sufficient food and drink to sustain their lives; and as the New Life in Christ which begins in Baptism depends on daily and regular spiritual nourishment to sustain itself; so too the life of the marriage also depends upon sufficient food to sustain its life, and that food is: love, honor and respect. If you deprive the body of food and drink for a long enough period of time, the body will surely die. If the soul is deprived of its spiritual nourishment it will also die. So also, if you deprive the marriage of  love, honor and respect for a long enough time, the life of the marriage will also cease and the marriage will die. It is in this context that we in the North American Old Roman Catholic Church consider the issue of divorce and remariage. The similarities between the death of a spouse and the death of a marriage are uniquely alike. It is in this similarity that we treat the case of a marriage that is no longer a marriage.

When the body of one of the spouses begins to suffer serious illness, it is customary to seek the intervention of a doctor for medical treatment and medication, to counteract the illness. So too, when a marriage is in serious danger and suffering from a potentially fatal illness, it is customary to call the priest (a spiritual physician) for marriage counseling (treatment and medication) and to follow his advice if he refers the marriage partners to marital counselors (specialists) for more intense and specialized treatment. When it is clear that the treatment and medication has not worked and the body of one of the spouses has died, it is usual for the doctor to refer the particulars of the death to the coroner who makes the formal declaration of death and the cause of it, and issues the certificate of death. So too with the case of a marriage that has died. The priest (as the physician) determines that the spiritual treatment and medication was not successful, and he reports the death of the marriage and the circumstances of his treatment to the Bishop of the Diocese, who in turn, just as the coroner did, reviews the details of the death, the causes of it, and then issues the "death certificate" of the marriage. We call this declaration of the Bishop, an Ecclesiastical Divorce.

Following the death of a spouse, there is an appropriate mourning period during which the surviving spouse grieves for their lost partner and they refrain from dating, or any activity that could lead to a new marital relationship. At the conclusion of this mourning period, the spouse resumes life as before, and may consider the possibility of a new marriage. When a marriage dies, both spouses are required to observe an appropriate period of mourning and waiting (the exact length of time is to be determined by the Bishop in his decree) and to grieve the loss and death of their marriage before they may consider resuming a relationship that could lead to a new marriage. In both cases, either the death of a spouse or the death of a marriage, no new marriage can occur before the mourning period has elapsed and the persons have been properly prepared for and instructed in the principles, values, responsibilities and duties of Christian marriage.

While the North American Old Roman Catholic Church has so addressed the issue of divorce and remarriage, and has provided a means for the marital life of persons who have experienced the weakness of human nature and the failure of a previous marriage, she does so reluctantly, and judiciously. It is not a common practice; it is not a preferred practice; and it is used only in those cases where it is clear that no other remedy was possible, it is done in good faith and not as an easy means of dissolving an inconvenient marital relationship. It is an exception, a dispensation, an act of "epikeia", an act of pastoral compassion, which allows for this merciful remedy for a marriage which has died and which has left the spouses as the survivors after its demise.

This is the normal procedure followed within the North American Old Roman Catholic Church and in many ways correlates to the civil concept of a divorce on the grounds of "irreconcilable differences" or "irretrievable breakdown of the marriage". When it is obvious that one of the spouses is gravely responsible for the death of the marriage, the same procedure is followed as above, the decree is granted, and the innocent party is allowed to enter another marriage as stated previously, while the guilty partner is required to observe a sufficiently longer period of mourning, remorse and penance for their guilt (comparable in essence to a prison term for manslaughter or murder) before being allowed to enter into a new Christian Marriage, following a thorough preparation for such.

We belive that the words of Scripture apply in situations like this: "Who also hath made us ministers of the new testament; not of the letter, but of the spirit: for the letter killeth, but the spirit giveth life." (2 Corinthians 3:6).

ANNULMENT

The North American Old Roman Catholic Church approaches the estate of marriage with the awareness that the vast majority of Christians will and do embrace this state of life as compared to those who will embrace the priesthood and religious life, or who will choose to remain single throughout their lives. The fact that marriage has been elevated to sacramental status requires that we approach it as a sacred vocation, and that we do all within our power to protect it and to promote its faithful observance amongst our people.

We have explained in the previous sections our belief that marriage is a life-long union of one man and one woman, which enables them to live a common life together for their mutual support and comradeship and for the raising of any children God may provide to them. It receives its Sacramental status when contracted between two Catholics who solemnize their marriage or who later ratify it according to the Church’s instructions and when they receive the blessing of the Church through the ministrations of the priest.

We have also described how we believe that in marriage a new life (the married life of the spouses themselves) begins and that it must be nurtured in order to thrive and grow according to God’s plan. We have also acknowledged sadly, that just as the physical death of one of the spouses occurs naturally and brings about the end of a marriage, so too in the course of some marriages, due to many different factors, the death of the marriage itself can occasionally occur. The North American Old Roman Catholic Church, in trying to remain faithful to the basic teachings of our Catholic Faith regarding the sacred bond of marriage, also has faced the inevitable reality that there are certain marriages that have died; that there are some that should never have taken place; and in some cases, there are some that while outwardly appeared to be marriages, lacked some essential feature that negated any actual marital union. The cases spoken of here regarding the first two of these possibilities were discussed in the section on divorce. We will now discuss the third possibility…..those cases where externally there appears to be a marriage but in reality no marriage actually exists or ever existed. When the Church has determined that such a case exist, a declaration is issued to that effect and that determination is referred to as an annulment.

An annulment is a determination, after a careful examination and review of all of the pertinent matters and information that a so-called marriage was seriously lacking in some essential feature which is necessary to produce the life-long union of a marriage. This may seem like an almost impossible task, since the likelihood of such a lack would be miniscule if the marriage was contracted according to state and church requirements…. however, such a view is not as accurate as it may at first appear.

Let us look at a marriage first in the terms of a simple contract. In order for any contract to be validly enforceable there must be several basic elements to it:
1. there must be at least two parties to it;
2. there must be an intention to enter into a legally binding contract;
3. there must be an intention to enter into a legal relationship;
4. both parties must enter into the contract voluntarily without any force or coercion;
5. both parties must be legally capable of entering into the said contract;
6. they must both enter into the contract in good faith, honestly and without any deceit or manipulation of the facts or terms of the contract;
7. there must be both an offer and an acceptance by the parties;
8. there must be a lawful consideration or purpose to the contract;
9. they must both agree on the exact terms of the contract;
10. the terms of the contract cannot be changeable or indeterminate;
11. the contract must be enforceable;
12. there must be a guarantee of performance of the terms of the contract;
13. the terms of the contract must be explicitly stated in the contract;
14. the terms of the contract must be faithfully adhered to by both parties;
15. the contract may not be contrary to the public good.

It is understood that if any of these conditions is lacking, then the contract itself is null and void. It either declares the contract to have never been a valid contract from the beginning, or that as a result of a violation of the terms of the contract, it is now unenforceable.

Marriage is a religious and sacramental state of life that is based also on a contractual arrangement. In fact in times longs past, marriages were seen almost exclusively as contracts between families and had little or nothing to do with real love. Fortunately that is now for the most part a thing of the past. However, the essentials of a contract do still apply to marriage, but in a spiritual manner.

The Church has established a number of criteria to safeguard and protect both the spouses to be married as well as the nature and essence of the marriage itself. If these criteria are not met, then most often there is no valid marriage. If it can be clearly demonstrated that such criteria were absent BEFORE the marriage took place, then a declaration of nullity (an annulment) is granted. In the next section we will examine some of the principal reasons for which either an annulment or an Ecclesiastical Divorce is granted within the North American Old Roman Catholic Church.

A special note should be made here. While it is very possible that a purported marriage was from the start, null and void due to a lack of some necessary or essential element for the marriage, it is quite unusual for our Church to grant an annulment if there are children that have resulted from that marriage. We do so not from any inability to see that the marriage was no marriage at all, but to protect both the children and the parents from “perceived” negative reactions.

When a “marriage that is not really a marriage” takes place and at least one of the parties to that so-called marriage enters it in good faith, believing that they are in fact entering into a real marriage, it is referred to as a putative marriage. When an annulment is granted and the marriage of the partners is declared null and void (i.e., to have been no marriage at all), the public perception of most people (especially the average person who is not well versed in law) is that any of the children born of that union are also declared to be illegitimate or in common parlance “bastardized”. While this is absolutely NOT true, no amount of legal explanation or jargon removes that concept or stigma from their minds. They don’t understand what a “putative” marriage is, they simply think that if there was no marriage then the children are not legitimate. Therefore, under usual conditions, it has been our approach in the North American Old Roman Catholic Church to grant an Ecclesiastical Divorce in such cases and not an annulment in order to save all of the parties from the common and factually incorrect misconceptions that so abound in cases like this. It is done as a protection for the name and reputation of all concerned, parents and children alike. The end result is basically the same. The “marriage” is terminated and the parties, after sufficient waiting and preparation, are free to enter into a proper Christian Marriage.

REASONS FOR ECCLESIASTICAL DIVORCE and ANNULMENTS

REASONS FOR ECCLESIASTICAL DIVORCE AND ANNULMENT

Whenever a case comes before a Marriage or Matrimonial Tribunal within the North American Old Roman Catholic Church, a full review of all of the particulars of each situation is carefully made before it is assigned for adjudication.

A cleric who is well versed in Canon Law is assigned to the case as the Advocate for the Petitioner (the person who is requesting the Tribunal to make a determination in their request for an Ecclesiastical Divorce or an Annulment). This Advocate will meet with the Petitioner and will review all of the paperwork that was submitted along with any corroborating documentation and would discuss with the Petitioner what direction should be taken. The Advocate will then present the petition before the Tribunal based on one or more of the grounds listed below.

The Church, because she is dedicated and committed to upholding the sanctity of the bond of marriage and the Sacrament of Matrimony, also appoints a cleric who is well versed in Canon Law, to represent the Church’s interests (he is called the Defensor Vinculi or the Defender of the Bond) in each case, to insure that a marriage is not declared to be dead or null and void, that does not absolutely, beyond any shadow of a doubt, meet the Church’s clearly delineated conditions justifying such a declaration. It is not the Church’s intent to deny any such a declaration of Ecclesiastical Divorce or Annulment when such is fully justified according to the Church’s plan for the pastoral care of the faithful, but rather to insure that the process is not abused and misused to allow undeserving petitions to secure the said declarations and as such, to undermine the Church’s teaching and dogmatic position on the indissolubility of Christian Marriage.

The case is presented before the judge of the Matrimonial Tribunal (he is called the Officialis), and he in turn is customarily assisted by two other clerics called Synodal Judges, who together hear and review the evidence presented, and after consultation with each other, render a decision. The decision of the Tribunal is presented to the Bishop who will in turn issue the formal decree. Any decision of the Diocesan Matrimonial Tribunal can be appealed to the Metropolitan Tribunal which will independently review the case and will in turn render its decision to the Archbishop. From the decision of the Archbishop, there is the option of an appeal to the Primatial Tribunal. The Primate’s decision is considered final. It should be understood that in an appeal, there is no presentation of new evidence or documentation, but rather a review of the case, its merits, its evidence, the appropriate Canons, the procedure followed, the decision of the lower tribunal/s and the explanation of the Officialis and the Synodal Judges as to how and why they adjudicated the case as they did. The purpose of the appeal is to ensure and guarantee that the decisions, actions and decree are in full accord with the Canons and with the Church’s procedure for pastoral care, and that true justice for both the Church and for the Petitioner and the Respondent has been preserved.

In order to submit a petition for an annulment, the grounds upon which the annulment is sought must have existed BEFORE the marriage ceremony. The grounds for the petition must also have been directly related to one or more of the essential elements of a valid contract in such a way as to clearly demonstrate its/their absence BEFFORE the marriage ceremony took place and thus forms the basis for a declaration of nullity. If the circumstances occurred at any time AFTER the marriage, an annulment is not possible. The Advocate for the Petitioner may recommend in such a situation, that a petition for an Ecclesiastical Divorce be sought instead. An annulment is a statement that an essential component for a valid marriage was absent BEFORE the marriage ceremony took place and thus in reality there was no real marriage but just an external ceremony. The Declaration of Ecclesiastical Divorce is a statement that the grounds upon which the petition was sought and granted occurred or existed either before or during the marriage and that is has now caused the irreversible death of a valid marriage itself.

Many of the grounds listed below apply equally to Petitions for Ecclesiastical Divorce as well as for Annulments, the principal difference being the timing. Only if the grounds existed BEFORE the marriage ceremony took place and affected one or more of the essential components of the contractual aspect of the marriage can an annulment be granted. Anything affecting the marriage which occurred AFTER the marriage ceremony took place or during the lifetime of the marriage itself, must be considered within the context of an Ecclesiastical Divorce.

The North American Old Roman Catholic Church, as have many other churches and jurisdictions, has taken note of the advances in recent years made in the field of mental health, and in the understanding of the degrees of mental illness and its effects, both long-term and short-term, on both the individual himself/herself and on those in their immediate environment, and recognizes that with that knowledge comes a responsibility for us to review these advances as regards the influence that existing and pre-existing mental health conditions can affect the aspects of the necessary consent, knowledge, competence, discretion and reason of the potential spouses to a marriage. As a result of our new understanding of this essential element of mental health in guaranteeing that both spouses have entered into their marriage with full and complete competence, knowledge and consent, we have recognized that a sufficient lack in these areas compromises the marriage itself and in many instances either invalidates it or provides sufficient evidence that the marriage has either died or is so irreparable damaged that it will soon die. For this reason the North American Old Roman Catholic Church has included what might be considered as psychological and not purely theological reasons for granting an Ecclesiastical Divorce or an Annulment. We do so, because they so compromise the necessary competence, knowledge and consent necessary for a valid marriage that serious examination of these cases often reveal that the significant lack existing in them conclusively demonstrates that a valid marriage could not have been contracted or has so completely deteriorated that a real and true marriage no longer exists.

It should also be remembered and clearly understood, that in granting these petitions, the North American Old Roman Catholic Church, while relying on the advances in human insight and knowledge gained by using the God-given talents of wise and learned men and women, is not acting in a human capacity, but “in persona Christi”. And thus such declarations are not the act of man putting asunder what God hath joined together, but as the agents and divinely appointed representatives of Our Lord Jesus Christ Himself, and only by and with His authority and commission; and as such, it is Christ Himself who joined the spouses in marriage through the ministry of His Church, and it is He Himself who is loosing them from these bonds, also via the ministry of His Church, by His authority and commission.

Section I below, lists the essential elements for all cases that come before the Matrimonial Tribunal. They are in essence the basic components that constitute a valid contract. If these components are missing then there is no valid contract, and thus there is no valid marriage.

SECTION I – ESSENTIAL ELEMENTS
1. There are at least two parties (husband/wife);
2. There was an intention to enter into a legally binding contract (the marriage);
3. There was an intention to enter into a legal relationship (husband/wife);
4. The parties entered into this marriage voluntarily free of force or fear;
5. The two parties were both legally competent to enter into a marriage (age/mentally competent);
6. The two parties each entered into this marriage in good faith, honestly and without deceit;
7. There was a proper offer and acceptance (proposal/vows);
8. There was a lawful consideration (mutual love and support);
9. There was a certainty in the expectations of marriage (the church’s teachings on marriage);
10. Both parties understood and agreed that the bond of marriage was unchangeable and indissoluble and that the conditions were not indeterminate;
11. The two parties believed the marriage to be enforceable (according to the Church’s Canons);
12. The two parties agreed that they would both faithfully fulfill their respective roles, responsibilities and duties incumbent upon them by virtue of this marriage;
13. The two parties clearly understood and agreed to the goals, expectations, rights and responsibilities of their union as husband and wife;
14. This marriage was not contrary to the public good (against the Church’s Canons, teachings or practice, and did not constitute a scandal or public notoriety against either the Church, or either of the spouses).

Section II below, lists the various ecclesiastical impediments recognized by Canon Law to affect the validity or the liciety (lawfulness) of a marriage. They are listed in two subsections, the first being what are called DIRIMENT IMPEDIMENTS (those which affect the validity of a marriage) and IMPEDIENT IMPEDIMENTS (those which prohibit or impede the lawfulness of a marriage). Diriment Impediments usually constitute the basis for most petitions for annulments. Impedient Impediments are customarily the basis for petitions for Dispensations in order to allow the marriage to take place.

SECTION II – IMPEDIMENTS
A. Diriment Impediments
1. Age (minimum age of 18)
2. Impotence (male or female)
3. Existing Bond (previous marriage)
4. Bigamy (similar to existing bond)
5. Holy Orders (unless dispensation has been granted)
6. Solemn Religious Profession of Vows
7. Disparity of Worship (unless dispensation has been granted)
8. Abduction/Violent Detention
9. Crime (according to Canon Law)
10. Consanguinity (relationship by blood)
11. Affinity (relationship by marital bonds)
12. Public Propriety (constituting public scandal)
13. Spiritual Relationship (bond contracted by serving as Godparent or Sponsor)
14. Legal Relationship (if marriage is contrary to civil law regarding degree of relationship)

B. Impedient Impediments
1. Simple Vow of Perpetual Chastity
2. Mixed Religion (if dispensation has not been granted)
3. Legal Adoption (in places where civil law prohibit marriage due to adoption)
4. Ferial Time (prohibits giving of Solemn Nuptial Blessing during periods of time during the year designated as the two Penitential Seasons)
5. Special Prohibitions of the Church (in specific circumstances the church may declare a marriage as being impeded. Usually a dispensation is sought and granted).

Section III below, lists the customary grounds upon which a petition for an Ecclesiastical Divorce or a petition for an annulment may be sought. Again this section is subdivided into two sections the first being Cardinal Grounds, and the second being Subordinate Grounds. While the categories listed appear to be quite broad by terminology, the Advocate will discuss with the Petitioner, the very narrow limitations that constitute grounds under these various categories.

SECTION III - CANONICAL GROUNDS
A. Capital Grounds
1. Lack of Physical Consummation
2. Petition of the Pauline Privilege (privilege of the Faith; two non-baptized persons)
3. Petition of the Petrine Privilege (privilege of the Faith; One baptized and one non-baptized person)

B. Subordinate Grounds
1. Lack of Reason
2. Ignorance
3. Error
4. Lack of Consent
5. Violence or Fear
6. Previous Agreements Against Marriage
7. Defect of Form
8. Mixed Religion
9. Disparity of Cult
10. Intention Not to Cohabit
11. Lack of Consciousness
12. Simulation of Consent
     a) Total Simulation
     b) Intention Against Children (Contra Bonum Prolis)
     c) Intention Against Fidelity (Contra Bonum Fidei)
     d) Intention Against Perpetuity (Contra Bonum Sacramenti)
13. Conditional Consent
14. Lack of Due Discretion
     a) Severe Cases of Mental Retardation
     b) Epilepsy
     c) Alcohol Intoxication
     d) Identity Disorder
     e) Pressured Consent
15. Lack of Due Competence
     a) Paranoid
     b) Schizoid
     c) Schizotypal
     d) Histrionic
     e) Narcissistic
     f) Antisocial
     g) Borderline
     h) Avoidant
     i) Dependence
     j) Compulsive
     k) Passive-Aggressive
     l) Mixed
     m) Anxiety Disorder
     n) Affective Disorder
     o) Alcoholism
     p) Substance Dependence
     q) Homosexuality
16. Imposed Error
17. Conditions
18. Defective Convalidation

Section IV below, lists several other reasons which are considered as grounds for an Ecclesiastical Divorce or an Annulment. They are found in past church judgments for Ecclesiastical Divorce or Annulments, especially within the Eastern Orthodox and Old Roman Catholic Churches. Some of them are applicable only under very specific conditions or in only certain countries or places.

SECTION IV - ADDITIONAL GROUNDS
1. Adultery
2. Attempted Murder
3. Voluntary Abortion

4. If a husband expoits his wife's honor
5. If a husband accuses his wife publicly of committing fornication, without proof
6. If a husband practices promiscuity

7. If either a husband or wife renounces the Catholic Faith
8. Desertion by the husband or wife
9. Inability to fulfill the physical union of the marriage
10. Insanity
11. Leprosy (not commonly used)
12. Lengthy imprisonment (only under grave circumstances)