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Author Topic: Is adultery an impediment for a valid marriage?  (Read 3689 times)

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Offline InfiniteFaith

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Is adultery an impediment for a valid marriage?
« on: April 22, 2013, 03:23:03 PM »
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  • If a spouse commits adultery would this be a reason to seek an annulment? Or would an annulment not be an option for the other spouse?


    Offline Matto

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    Is adultery an impediment for a valid marriage?
    « Reply #1 on: April 22, 2013, 03:27:05 PM »
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  • No, adultery happens after the marriage already exists. It does not mean that the marriage never happened. An annulment is a declaration that the marriage never existed.
    R.I.P.
    Please pray for the repose of my soul.


    Offline Telesphorus

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    Is adultery an impediment for a valid marriage?
    « Reply #2 on: April 22, 2013, 03:30:45 PM »
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  • An impediment obviously can't be retro-active, although in the Novus Ordo, they don't care.

    However, if someone marries someone while carrying on with someone else, that could nullify a marriage.

    Offline InfiniteFaith

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    Is adultery an impediment for a valid marriage?
    « Reply #3 on: April 22, 2013, 03:44:43 PM »
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  • Quote from: Matto
    No, adultery happens after the marriage already exists. It does not mean that the marriage never happened. An annulment is a declaration that the marriage never existed.


    So you can not permanently leave a person and seek remarriage if they commit adultery?

    Offline Telesphorus

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    Is adultery an impediment for a valid marriage?
    « Reply #4 on: April 22, 2013, 03:47:08 PM »
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  • Quote from: InfiniteFaith
    So you can not permanently leave a person


    You can put away an adulterous spouse.

    Quote
    and seek remarriage if they commit adultery?


    How does a Catholic not know you can't?


    Offline Matto

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    Is adultery an impediment for a valid marriage?
    « Reply #5 on: April 22, 2013, 03:48:41 PM »
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  • Quote from: InfiniteFaith
    So you can not permanently leave a person and seek remarriage if they commit adultery?


    You cannot leave a person and seek remarriage for any reason if the marriage was valid. The only way to get out of a valid marriage is death of one of the spouses.
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    Offline Neil Obstat

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    Is adultery an impediment for a valid marriage?
    « Reply #6 on: April 22, 2013, 03:50:04 PM »
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  • Quote from: Telesphorus
    An impediment obviously can't be retro-active, although in the Novus Ordo, they don't care.

    However, if someone marries someone while carrying on with someone else, that could nullify a marriage.


    Obviously, that nullification would be based on the fact that the
    "carrying on" was in progress before the marriage took place.

    This is the purpose of the practice of the "Banns of Marriage"
    announcements that happen from the pulpit of a church or a
    chapel, before everyone present.  There are 3 such announce-
    ments made over a period of about 3 months before the
    wedding date.  If anyone hears such announcement and has
    been witness to one or the other of the betrothed having been
    in the company of someone else and having conducted himself
    (or, obviously, "herself" /alternatively "themselves" - a word that
    needs to be replaced with a new word for this purpose) in a
    manner suspicious or unbecoming of one who is about to be
    married to another, or, if anyone has heard one of the
    betrothed speaking of any such attractions, interests, promises,
    dedications or the like, he (or she, of course) is requested to
    come forward with the information such that the priest who
    oversees this marriage's validity and progress would know what
    is going on.  This is to PREVENT the future question of infidelity
    arising, that is, infidelity that was IN PROGRESS at the time of
    the wedding.
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    Offline JohnGrey

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    Is adultery an impediment for a valid marriage?
    « Reply #7 on: April 22, 2013, 04:28:43 PM »
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  • Quote from: InfiniteFaith
    If a spouse commits adultery would this be a reason to seek an annulment? Or would an annulment not be an option for the other spouse?


    Adultery is the unlawful infringement by either or both spouses against marital fidelity.  In terms of moral theology, it is understood be a dual malice: first against chastity, in that it shares with fornication the commission of unlawful sɛҳuąƖ congress, and second against justice, in that its result is commonly the dissolution of shared life, and the aspersion, whether real or implied, of a defect of birth, namely illegitimacy.

    It cannot, by its nature, be a cause for annulment as the objective fact of adultery is precluded by the non-existence of a marriage, of which an annulment is juridical notification.  However, as stated by others, it could serve as evidence of existence of marital impediment, by means of establishment defect of intent of marriage, which necessarily requires sɛҳuąƖ fidelity between spouses.

    That said, the Church, in her mercy, permits the act of civil divorce, which is to say the end of common life, bed and board, so long as the following conditions are met:

    1.) That the adultery is proved
    2.) That the faithful spouse is not complicit in the adultery
    3.) That the adultery was not condoned
    4.) That the adultery was not reciprocal (revenge affair)

    - John


    Offline Neil Obstat

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    Is adultery an impediment for a valid marriage?
    « Reply #8 on: April 22, 2013, 04:39:40 PM »
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  • Quote from: Matto
    Quote from: InfiniteFaith
    So you cannot permanently leave a person and seek remarriage if they commit adultery?


    This is a common mistake based on a misinterpretation of
    Scripture where Our Lord says except for infidelity, etc.  The
    Protestants made a new religion -- a heresy, in fact -- partially
    built on the rejection of this Divine Revelation that Our Lord gave
    to mankind, which He taught His Church and which the faithful
    Church has kept intact all through the ages right up to the brink of
    Vat.II, where the unclean spirit swept it away along with so many
    other things.  Vat.II was truly an enormous disaster which no
    Catholic can countenance.

    The infidelity that Our Lord spoke of had to be an infidelity that
    had been existing at the time of the marriage, not committed
    AFTER the valid marriage was created.  

    Few things in this life are truly created, and marriage is one of
    them.  The word "create" is highly abused, and really has no place
    in common parlance such as "create a corporation" or "create a
    computer file" or "create a new thread on the forum."  Properly
    spoken you should say "made a corporation" or "made a computer
    file" or "made a new thread on the forum," because you are
    putting together things that are not YOU, when you make those
    things happen.. in marriage you are putting YOURSELF together
    with someone else, and together the two of you create a marriage,
    with the cooperation of God.  God is always involved in any act of
    creation.  How can God always be involved in the making of a
    corporation when, for example, its purpose and end is nothing but
    evil, such as a pornography distribution corporation, or Planned
    Parenthood?  

    Quote
    You cannot leave a person and seek remarriage for any reason if the marriage was valid.

    The only way to get out of a valid marriage is death of one of the spouses.



    That is, the only way for one spouse to get out of a valid marriage
    is the death of THE OTHER spouse.


    When you say "get out of one marriage" that inherently implies that
    one can then "get into a new marriage."  Only in this temporal world
    can on be in one marriage or in a different marriage.  In eternity no
    one at all is in any marriage, except for the eternal marriage of God
    and creature. In fact, temporal marriage is an analogy of the perfect
    and total marriage of God and man in eternity, which will be shared by
    all those who are saved, and which is a great mystery for us in this
    life, as it is something that we are not capable of imagining.

    The spouse who dies in this life is not "getting out" of the marriage.  
    The marriage is getting out of the spouse who dies.  Marriage does not
    apply to anyone in eternity.  Any man and woman in heaven who were
    married in life have no such bond due to their temporal marriage, and
    if one of them ends up in hell, the one in heaven does not then grieve
    the loss of his (or her) spouse because the perfect joy of eternal
    salvation washes away any such attachment or deference to temporal
    things, among which is marriage per se.

    Likewise, for any spouse to find himself in hell will have nothing but
    hatred for his spouse who is in heaven forever, and this hatred is not
    only understandable for the fact of the eternal misery endured and the
    eternal bliss of the other who is absent, but from the nature of eternal
    damnation itself, where every person (devils are persons, too) is
    forever hateful of every other person, without limit, and their entire
    existence and being is consumed, as it were, with hatred, for that is
    all they know.  There is no love in hell, not even for one's self.  Self-
    love is what puts a person INTO hell, but it does not keep them there.

    In a different way, any man and woman who find themselves in hell
    for eternity will have no regard for each other nor relationship based
    on their temporal marriage, except for a most intense mutual hatred,
    and having more familiarity with the other person due to the marriage,
    they will then have all the more to hate about their erstwhile spouse.  
    In this way, some marriages can be seen to be a living hell on earth,
    unfortunately.  


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    Offline Matthew

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    Is adultery an impediment for a valid marriage?
    « Reply #9 on: April 22, 2013, 04:40:12 PM »
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  • Quote from: InfiniteFaith
    Quote from: Matto
    No, adultery happens after the marriage already exists. It does not mean that the marriage never happened. An annulment is a declaration that the marriage never existed.


    So you can not permanently leave a person and seek remarriage if they commit adultery?


    Yes, you can't leave your spouse and remarry someone else no matter WHAT he/she does.

    If the marriage is valid, you are "stuck" for life. Sorry.
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    Offline Neil Obstat

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    Is adultery an impediment for a valid marriage?
    « Reply #10 on: April 22, 2013, 04:53:34 PM »
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  • Evidently, the previous post was the occasion for moving this
    thread out of the General Discussion forum and into the Catholic
    Living in the Modern World forum.  :)



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    Offline Marlelar

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    Is adultery an impediment for a valid marriage?
    « Reply #11 on: April 23, 2013, 03:26:50 PM »
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  • However, the injured party may apply for a civil divorce if remaining under the same roof is intolerable (e.g. serial infidelity), just not remarry. Correct or incorrect?

    Marsha

    Offline JohnGrey

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    Is adultery an impediment for a valid marriage?
    « Reply #12 on: April 23, 2013, 04:47:31 PM »
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  • Quote from: Marlelar
    However, the injured party may apply for a civil divorce if remaining under the same roof is intolerable (e.g. serial infidelity), just not remarry. Correct or incorrect?

    Marsha


    Strictly speaking, serial infidelity is not necessary to permit the dissolution of common life.  I believe that the reasonable determination that subsisting in the shared household would result in an impediment to charity such that it becomes a persistent occasion to intemperance of word or action, or that the faithful spouse's good name, or dominion of his family would be undermined, civil divorce is permitted.  Of course, remarriage is impossible while the offending spouse lives.

    Offline Zeitun

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    Is adultery an impediment for a valid marriage?
    « Reply #13 on: April 23, 2013, 06:07:05 PM »
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  • Fornication or even emotional attachment to a third party at the time of the marriage (wedding) is an impediment to a sacramental marriage because it's an impediment to unity and it existed in canon law prior to 1983.  

    How many modern Catholic "marriages" are null because of pre-existing emotional affairs?

    Adultery (unless the relationship existed prior to the wedding) is not grounds for annulment.

    The dissolution of common life is a different situation and must only be attempted under the guidance of a very good priest.

    Civil divorce is an abomination to God.

    Offline Thursday

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    Is adultery an impediment for a valid marriage?
    « Reply #14 on: April 23, 2013, 06:56:50 PM »
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  • The wife and I were reading Mark 12 the other day where they were asking Jesus if the husband dies and the wife marries again who would be the wifes husband after they rose from the dead to which Jesus said "for when they rise from the dead they neither marry or are given in marriage but are like the angels in heaven."

    It's worth remembering that when we rise from the dead we won't be married. Kind of sad if you have a good marriage, I hope I still get to see my earthly wife if we get to heaven. But on the other hand, if marriage isn't so good, it's not an eternal thing so it might be worth enduring, also don't take grudges to the grave with you.