Annulments: the Good of the Spouses, the Family, and the Church
As my title suggests, I propose to look at several aspects connected with the topic of annulments, none of which has to do directly with canonical procedures. But a prior word may not be out of place on two questions that I am at times asked. One is, if I am in favor of or against annulments? Perhaps a somewhat na'lve question, since naturally I am in favor; very strongly so, when a proper judicial process shows that a declaration of nullity corresponds to the facts. Then one is dealing with a matter of justice, of the upholding of ecclesial rights. Naturally, another question that not infrequently comes my way is: are there too many annulments? My most precise answer is that I do not know. I could only tell by examining each case one by one. According to my rough calculations, some 60% of the cases coming to us on appeal at the Rota receive a Negative decision that the nullity has not been proved; and 40% an Affirmative. Regarding cases where the grounds of nullity proposed are those of consensual incapacity, under canon 1095 (and this would include practically all the cases coming from the United States), Negative decisions are notably higher. So in that sense we find a certain excess of what appear to us to be unjustified declarations of nullity. Is that getting around the question? Perhaps; then let me get around it in another way. Of course there are too many annulments just as there are too many divorces, just as there are too many marriage breakdowns. We are all aware of this latter fact. Yet it is a fact to be stated, no more.