Deacon Canon Law III

Items Suggestive of Possible Defects in ConsentFor Formal Marriage Cases

Rule Out Other Possibilities

A Lack of Canonical Form The Existence of an Impediment, for

example, previous marriages A marriage between two non-baptized

persons A marriage between one non-baptized

and one baptized person

For the Priest/Deacon

Formal Marriage cases focus upon deficiencies of consent which are often exhibited in one’s behavior.

Take the time with the Petitioner to explore these possibilities to determine any importance for this case.

Very Important Idea

Formal Marriage cases require that these deficiencies have some antecedence to the time of giving and manifesting consent. Manifesting consent is the time when a person says his or her vows; giving consent for a marriage is sometime previous to manifestation.

As You Listen to the Petitioner

No one defect is normally causative of marital failure, but often a collection of defects can be an indicator of possible future problems.

Jot down a word or short note to yourself which might be important later on.

Two are Intertwined

Problems that develop in a marriage and bring it to civil divorce many times have an origin in the behavior of one or both parties prior to marriage.

How One Reacts might be just as important as how One Acts!

Some Suggestions

For the priest or deacon seeking to advise and help someone apply for a declaration of sacramental nullity, or annulment, some of the following might be important behaviors to explore with the Petitioner and record examples in the Application.

Adolescent Behavior

Truancy Suspension or Expulsion from school Delinquency Family history of divorce Type of Friends Associated with Reaction to family problems at home Family Religious Practice or non practice

Early Adult Life

Abusive drinking or repeated drunkenness Substance Abuse and the types of

substance ingested Repeated sexual intercourse in a casual

relationship Difficulties with Law Enforcement Erratic Work History

Early Adult (2)

Child Support History – Parenting for Existing Children

Pre-occupation with Money, Success, Glory

Periods of Depressive Activity Addiction to Pornography

Dating History

History of Breaking Promises Suicidal Threats, Gestures, Attempts Perceived by Others as Shallow and

Lacking Genuineness Dependent or Helpless constantly

seeking reassurance

Dating History (2)

Initiating of Fights or Physical Confrontation with Others

Extreme Jealousy regarding Dating Partner

Conflict or Jealousy regarding an Past Partner

Courtship History

Dating Others during the courtship History of Breaking Promises Making statements before marriage

about children Making statements before marriage

about fidelity

Courtship (2)

Making statements before marriage about possibility of divorce

Violent or Threatening Behavior to Date or Third Parties

Personal Behavior

Vain and Demanding Grandiose Sense of Self-importance Exhibitionism – Constant attention or

admiration Responds to Criticism with cool

indifference or rage

Personal (2)

Entitlement without any idea of reciprocity

Interpersonal Exploitive Behavior Lack of Empathy for the Feelings of

Others

Word Mosaic

Creating an Application or Deposition is somewhat akin to creating a mosaic. Once the behaviors of both parties are identified a picture emerges which helps to explain why a particular marriage failed.

Keep in Your Mind

Sometimes good marriages fail because one party makes a tragic mistake from which the marriage cannot survive. Sometimes 3rd parties ruin a good marriage for their own reasons.

Such failure are not grounds for an Annulment, but look closely before you conclude this

Because

If the causes or behaviors of marital failure are there from the beginning, they may have influenced the giving of consent or even the ability to sustain that marital consent.

Your Initial Exploration is Extremely Important to the Success of the Process!

Caveat

Do not get “lost” in the details of their “story.”

Remember to analyze details for one of the four possibilities for a canonical case.

What you are creating is an “allegation” as opposed to the verified truth of a situation.

An Art or Science?

Careful Listening is essential Connecting the “dots” is a learned skill Solving the “puzzle” of what went wrong

is not always obvious Seek advice from the Tribunal