Priest discusses abuse of canon 1095 (psychological annulment)

Priest discusses abuse of canon 1095 (psychological annulment)

  • Posted by Mary's Advocates
  • On April 3, 2024
  • 2 Comments

by Bai Macfarlane
Fr. Michael Duesterhaus says that some tribunals are playing loose and fast, abusing canon 1095.  The most common ground for annulment is canon 1095.2 which is based on the psychological incapacity to validly give marriage promises.  Recently, Human Life International, interviewed Fr. Duesterhaus, who has served for years as a procurator/advocate in tribunals, where he helped petitioners bring an allegation of invalidity of their marriage to a tribunal.  He said he’s been doing this work for 25 years while serving as a priest for the military, so he’s seen cases in different diocesan tribunals.

Fr. Duesterhaus says the following:

Media
See full interview by Human Life International Here.
“I can’t tell you the number of times I’ve presented cases, and listed one, two, and three for grounds, and suddenly ‘Oh, we’re going to put 1095, paragraph.’ And it’s been overused, and so, there is an American woman who got her doctorate in canon law from Santa Croce. This is an adaptation of her doctoral thesis. To give you an idea of the weight of this tome, and its importance, Cardinal Burke wrote the preface/foreword. This entire book basically goes into the use of paragraph 1095, paragraph 3[2], and its abuses.

“So, if some judge is just  playing loose and fast. ‘Well, I got enough paperwork. I feel confident to sign off’’ – Well, ‘I as a Catholic, when I get this decree from the Church saying my marriage is declared null,’ you’re free to get married. But, if the priest didn’t do his job well, you might — actually — we don’t know until eternity. But, you as a lay person, you’re in the good. The tribunal process was worked through. Uhm, and I get worried (because I have priest friends across the country) and I hear stories about other tribunals, that it becomes a paper chase. (uhm) And I don’t want to name any particular tribunal.”

The book Father recommends is Kate Godfrey-Howell’s doctoral dissertation, “Consensual Incapacity to Marry.”

With Mary’s Advocates, I show defendants (who believe their marriage is valid) how to uphold their rights. For more information, see Research>Catholic Annulment.

 

2 Comments

Mary's Advocates
Hello Mary, As far as whether you should feel guilty, that is not for me to say. Sure there are legitimate grounds for annulment. Fr. Duesterhaus was only talking about abuse of the grounds under canon 1095. If anyone is interested in seeing canon lawyers discuss the abuses, once could check out the recommended reading. https://marysadvocates.org/research/catholic-annulment/#Recommended_Reading_1
Mary
I received an annulment from my 21 Yr.marriage (no mass, the vows in front of a Catholic priest in a Catholic Church).We had four children afterwards.Spouse was a non practicing Baptized Baptist who converted to Catholicism after 12 yrs.Spouse entered a sexual relationship with a third party after 21 yrs.The annulment case ,I initiated,was not contested by Spouse.It went from our local Parish(interviews & intense questioning , both of us),to the Diocesan Tribunal,to a Corpus Christi Tribunal, the same State, and on to Rome.Aftet 2 yrs. we were granted an annulment.We have both re married other people.Me,in the Catholic Church and Spouse in a Civil Ceremony.Am I suppose to feel "guilt" after 32 yrs. of marriage to my current Spouse ? Are there not "valid' situations for receiving an annulment? Our annulment was granted and I accepted the decision of a Catholic Marriage Tribunal after 2 yrs.of their investigation.So,in your opinions I could be living in sin all these yrs.? A horrible/guilt ridden conclusion!

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