annulment

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My husband and I were married in the Catholic Church. My husband's mother and step father (both were married in the Catholic Church in their first marriages) have been married close to 20 years. Each are now seeking an annulment from their first marriages in order to have a Catholic ceremony. I have always understood that an annulment means that your marriage never existed. Does this also mean that the Church does not recognize that children from the annulled marriage ever existed? How does this affect my marriage???

Thank You, Karin

-- Karin Stombaugh (gasie01@hotmail.com), September 03, 2002

Answers

Hello, Karin.

You don't need to be the slightest bit concerned. Your marriage is not at all affected.

You are right in having understood that a Decree of Nullity states that a marriage, in God's eyes, never existed.
However, as long as one party was acting in good faith, something existed -- namely, a "putative marriage."
The word "putative" comes from the Latin "putare" (to think). In a putative marriage, the partners at least "think" that they are married. And as long as there is a putative marriage, the children are legitimate. (And nowadays, legitimacy really only matters to the civil law anyway.)

Here is what the Church's 1983 Code of Canon Law says about this in an official way:

Canon 1137 -- Children who are conceived or born of a valid marriage or of a putative marriage are legitimate.
Canon 1061 ... §3 An invalid marriage is said to be putative if it has been celebrated in good faith by at least one party.

God bless you.
John

-- (jfgecik@hotmail.com), September 03, 2002.


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