If a Catholic Wife gets and abortion does the Husband have the right to get a Civil Divorce and a Catholic Ann

Question

I have a friend that is Catholic. He and his wife have not lived together for over 3 years but are still married. I recently discovered that the wife had an abortion during the time they were together without the knowledge of the husband. I realize that the Catholic Church is very strict in regards to marriage and was wondering if this would be grounds for an annulment.

Answer 1

The word "annulment" is not actually used in the Code of Canon Law, and canon lawyers generally refer to "declarations of matrimonial nullity" when addressing this topic. In any event, an annulment is an official determination by an ecclesiastical tribunal that what appeared to be a valid marriage in the eyes of the Church was not.

An annulment is not a finding that the two former spouses never really loved each other, nor does it conclude that the divorce was more one side's fault than the other's, or that one party is a better Catholic than the other, and so on. It is only a determination of one or more of the following: that, at the time of the wedding, one or both parties to the marriage lacked sufficient capacity for marriage; that one or both parties failed to give their consent to marriage as the Church understands and proclaims it; and, in weddings involving at least one Catholic, that the parties violated the Church's requirements of canonical form in getting married. In practical terms, after nullity is declared-if it is declared-the Catholic Church considers the parties of the impugned marriage free of the marriage bond that would have otherwise arisen.

Since having children is part of being married, then yes, an abortion is grounds for an "annulment".

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To eric b: (and to consider the legitimacy of the children)

Let me say two words about the term "illegitimacy": It stinks. Babies are not illegitimate, no matter how illegitimate might have been the acts by which they were conceived. Babies are conceived in the image and likeness of God, who loves them all.

Next, illegitimacy no longer carries any canonical consequences. The main reason why the concept of legitimacy is still treated in the 1983 Code is, I think, because some nations, by treaty with the Holy See, accept canonical declarations of nullity in place of civil divorces. Thus, civil law questions of child-support and inheritance could be clouded if legitimacy were not treated in canon law.

Canon 1137 states that children born or conceived of a valid or putative marriage are considered legitimate. Canon 1061 § 3 calls "putative" those marriages that, though invalid, were nevertheless celebrated in good faith by at least one of the parties, until that time, if any, when both parties become certain of its nullity. The great majority of the formal nullity cases coming before diocesan tribunals involve at least one, usually two, persons entering marriage in good faith, hence entering at least a putative marriage, resulting in the legitimacy of the children.

Moreover, if a child is born to parents not married or only civilly married, but the parents later validly or even putatively marry, such marriage automatically renders the child or children canonically legitimate (canon 1139). Even here, the later annulment of the marriage would not render these children canonically illegitimate. Finally, canon 1139 states that children can be legitimated by rescript of the Holy See. In brief, the granting of an annulment petition does nothing to affect the legitimacy of children.

Answer 2

This is definitely grounds for an annulment. There was no honesty between the two. She did not fulfill her vows to him. It's not hard to get a Catholic annulment. Most people just don't want to go through it and have anyone in the Church know about it. An annulment is made aware to the priest that married you. Do you want to admit to someone that they made a big mistake by putting their faith in you? A civil divorce also doesn't need much of a reason. You should let him know so they can work it out or move on. Right now, he's living a lie.

Answer 3

No. Personal sin is not the grounds for an annulment. Marriage is a sacrament, and annulment is not an easy process.

Three years is a long separation and either one can file for a civil divorce. Divorce is not a sin; remarriage without an annulment is. All forms of marriages are recognized in the Catholic Church and require an annulment.

Answer 4

Your question is specifically regarding canonical law grounds for an annulment, and whether a secret abortion is good enough. You'd need to ask the tribunal of a Diocese, they'd be able to tell you.

A bigger issue here is that your friend and his wife have been separated for 3 years. For whatever reason, she had an abortion in secret during that time. These two things tell me there was something deeply amiss within the marriage. If you are looking for grounds for annulment, it's probably within there.

Most importantly, your friend and his wife both need a great deal of healing. This cannot be easy for them. Be supportive and loving of your friend, and perhaps suggest talking to a counselor so that he can sort some things out. He probably has a lot to say but doesn't know how to say it.

I'll keep them in my prayers.

In Christ,
V17

Answer 5

God's Law transcends all Earthly. A legal/civil is meaningless in the eyes of God; the marital bond remains.

And annulments do not dissolve marital bond. Rather, annulements are declarations that the marital bond never existed between spouses.

Abortions are unacceptable under any and all pretenses. To be Catholic and pro-choice is a contradiction in terms.

Your friend, and his spouse, would do well in seeking the council of a priest. A married couple need not separate in order to make good on whatever evils have been done in the past.

Answer 6

as being a former catholic myself i can say it would be grounds for an annulment, however if you have children with this woman the children would be considered "bastards" by doing an annulment, do you really want to do that to them? and besides it would be good enough to just get a divorce, and the church wouldn't have any problems with you divorcing her if you can prove that she did have a abortion, so why the need for an annulment? besides if he still doesn't know about the abortion, i wouldn't meddle in their marriage/divorce, you will only get burned yourself, trust me there!

Answer 7

I don't think it can be, but there is a slim chance, and it would have to be proven. It seems your friends situation could come under the section of

"Willful exclusion of children (Canon 1101, sec. 2)

You or your spouse married intending, either explicitly or implicitly, to deny the other's right to sexual acts open to procreation."


Have your friend contact the diocese where his marriage took place (because they would be the ones who would issue an annulment if it is justified) and talk to them about the situation to see what his rights are.

Good luck.

Answer 8

nope