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I. |
WHAT
should be ESTABLISHED after divorce? |
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to examine whether the reasons
of marriage failure could also be the basis to appeal against marriage validity
into the bishop court |
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II. |
WHAT are
the
BASIS for appealing against validity of
sacramental marriage into the bishop court? |
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There are 3 (three) kinds of
grounds of legal-canonical type to appeal against validity of marriage: |
| 1. |
when the form of marriage contraction pursuant to canonical law were not
observed
it is the case when the representative of clergy assisting the marriage
ceremony fails to have appropriate authorisation for it or when the Catholics
fail to make the marriage vows according to the required canonical formulae; |
| 2. |
obstacles of the so called breaking type which make marriage
contraction invalid:
| 2.1 |
obstacle of age (lack of both physical & mental maturity) |
| 2.2 |
obstacle
of sexual inability (impotence) |
| 2.3 |
obstacle
of marriage bond |
| 2.4 |
obstacle
of different religion (when one of the parties was not baptised) |
| 2.5 |
obstacle
of being ordained
|
| 2.6 |
obstacle
of vows of celibacy |
| 2.7 |
obstacle
of being kidnapped (refers only to a woman) |
| 2.8 |
obstacle
of crime (murder of a husband) |
| 2.9 |
obstacle
of consanguinity |
| 2.10 |
obstacle
of affinity (i.e. close relationship between a husband and his wife’s relatives
or a wife and her husband relatives; in certain cases special dispensation can be obtained) |
| 2.11 |
obstacle
of public decency (making impossible to contract valid marriage in certain
situations regulated by law between one of the parties or invalid marriage after beginning
of sex life by the parties or notorious and public having of a concubine or with relatives of the
other party) |
| 2.12 |
obstacle
of interstate consanguinity (making contraction of marriage invalid in some
situations determined by law when the marriage partners are linked by legal consanguinity
resulting from adoption) |
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| 3. |
faults of marriage agreement:
|
|
| 3.1 |
lack of adequate using of
reasoning |
| 3.2 |
serious lack of discrimination
the essential marriage rights and obligations mutually offered and
accepted |
| 3.3 |
inability to undertake essential
marital obligations because of psychic nature such as: building
of communal marriage life, marriage faithfulness, avoiding things which may
cause breaking or destruction of marriage, conjugal life aimed at having children,
mutual giving of love targeted to creation and upbringing of children, keeping exclusive and
indissoluble community of marriage life, able to reach and realise the aims of
marriage:
inability
in question can be caused by e.g. extreme egoism, chronic alcoholism, drug
addiction, homosexuality, bisexuality, transsexuality or sexual hyperexcitability |
| 3.4 |
lack of adequate knowledge
about marriage (e.g. the parties fail to know that marriage is a
solid relationship between man and woman directed towards conceiving, giving birth and
upbringing of children) |
| 3.5 |
mistake as to the person or
his/her virtue or characteristic feature (e.g. age, education) or a mistake made by fiancés as to the essence of marriage and essential marriage
rights and obligations |
| 3.6 |
mistake connected
with essential characteristics of marriage: unity, being unbreakable
and of its sacramental dignity |
| 3.7 |
deceitful mistake in order to
make the other party contract marriage e.g. by concealment, before the marriage, of the fact of being infertile, having
psychic
disorder or venereal disease, or being HIV positive and the like |
| 3.8 |
simulation of marriage
agreement:
a/ complete – a simulating person excludes by internally positive act of
his/her will to contract marriage
b/ partial – when on of the parties or both exclude the essential element of
marriage or its particular characteristic (unity, being of unbreakable nature or being the
sacrament)
|
| 3.9 |
conditional agreement
|
| 3.10 |
physical or moral coercion, i.e. pressure put on
will of one of the parties and fear, the so called spiritual shock or anxiety which may occur
under the influence of danger or other type of threat in one of the parties
which directly now or in the nearest future could be inflicted but which did not
cease before contracting marriage. |
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| III. |
WHAT BENEFIT
is to obtain legally valid statement of marriage
annulment? |
|
The condition of obtaining legally valid statement of marriage annulment is to get the unanimous sentences of marriage
annulment in the court of 2-instances which restores one’s status of being a
single person
able to enter the sacramental marriage again with
another partner. |
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IV. |
WHERE can you find the appropriate piece of advice and legal aid to
determine the basis to begin the court proceedings of marriage annulment? |
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Such help is offered in our Solicitors Office:
ul. Gdańska 40/49, 31-411
Kraków |
| V. |
WHAT the Solicitors Office CONSENSUS MATRIMONIALIS deals with? |
| 1. |
it offers legal-canonical advice and consulting in cases concerning
court proceedings of sacramental marriage annulment |
| 2. |
it helps to establish the legal basis for appealing against marriage
validity and to collect the evidence |
| 3. |
it prepares the forms of appeal directed to the appropriate church
judicial tribunals |
| 4. |
it prepares to take appeals against the sentences to the higher instance
tribunals, if necessary. |
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| VI. |
HOW TO GET IN TOUCH WITH “CONSENSUS MATRIMONIALIS”
Office? |
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by phone:
tel. + 48 12 413
43 18
mobile + 48 604 900
101
best time is:
Monday, Wednesday, Friday 10:00 -
12:00
Tuesday, Thursday
17:00 - 19:00
by e-mail::
cm@vinculum.pl
consensus@vinculum.pl
consensus.matrimonialis@vinculum.pl
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The Office “CONSENSUS MATRIMONIALIS“ offers
legal-canonical help to everyone
who is interested in it, both IN POLAND AND ABROAD, and
welcomes all the solicitors dealing with divorce cases to co-operate with us in
the territory of POLAND and also in some POLISH CENTERS ABROAD.
CONSENSUS MATRIMONIALIS - Solicitors Office makes all its
rights reserved as to
the form and contents of the text located in this internet
page pursuant to Act of Author’s Legal Rights and to similar laws (Act dated 4th
Feb.,1994, Regulations Gazette of 2000, No.80, items 940 from j/ to t/).
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