Annulment

[rrrrhyy]

My sister was pregnant and married her Roman Catholic husband in her eighth month,converting to his religion.The night of their wedding,she miscarried the baby.They have lived apart ever since,six months ago and realise they only married for the sake of the baby.Now they are wondering if they can get an annulment on the grounds of non consummation.Obviously they were together before the marriage but they can't find out if non consummation is only relevant AFTER marriage.They haven't even been in the same town since their wedding night-she was rushed to hospital from the reception and went home to our mums when she was discharged.Her husband has been wonderful to her,he's not wanting a divorce just because of the baby,it's something they both want.Their priest cannot answer the question-any
canonical law experts here?

www.gov.uk/how-to-annul-marriage

If they haven't had sexual intercourse since the wedding then that is definitely 'voidable' as a friends mother annulled her marriage on those grounds back in the 1980s

I'm not a Canon Law expert but as far as I understand, as the marriage has not been consummated, the marriage can be annulled. They could look up Canon Law on the Sacrament of Marriage online and also check in the Catechism. I do know that for a Catholic marriage to be valid, there are 3 things both spouses have to be in agreement on at the time of the marriage Sacrament and they are:-

1. Permanence- Divorce is not recognised by the RCC.
2. Fidelity- if you find out you've married a relentless, unrepentant cheat, you can get the marriage annulled as it was never valid if your spouse wasn't resolved to stay faithful at the time of the wedding.
3. Openness to the conception of children- this is why we're not allowed to use artificial contraception. A miscarriage is a tragic accident though so doesn't count as a reason for annullment.

I find it odd the priest doesn't know but if they can't find out any other way, I'd suggest contacting the Diocese. A marriage can only be annulled with the permission of a Bishop or more senior cleric so the Diocese would have to involved anyway!

Weirdly I know of two cases of annulment.
One was not a Catholic marriage, the bride couldn't bring herself to tell her rather fierce mother that she didn't want to go through with a huge very expensive wedding. That was a simple-ish matter on the grounds of non-consummation.

The Catholic one was far more complicated and ended up going as far as the Pope [or at least his offices]
If a fairly modern and sympathetic priest can be found this may well make life easier.

What a sad and difficult situation, I do hope they manage to resolve this and move on. My sympathy to your family.

Sorry to hear your sister's predicament, such sad news about her loss.

I have a family member who has a degree in this field. It always sounds really difficult to get an annulment but the realities of Canon law permit one for a vast range of reasons, even where a couple have been married many years. Your sisters situation would be a textbook basis for an annulment so there should be no issue getting one if she follows the proper channels. Make sure they don't get inaccurate advice from somebody who doesn't know the rules properly (which respectfully includes a significant proportion of the clergy). A Canon lawyer can provide some initial advice if needed.