Now that Lent is over, I can continue my scurrilous attacks on heresy. :-)
1629 For this reason (or for other reasons that render the marriage null and void) the Church, after an examination of the situation by the competent ecclesiastical tribunal, can declare the nullity of a marriage, i.e., that the marriage never existed.132 In this case the contracting parties are free to marry, provided the natural obligations of a previous union are discharged
Catechism of the Catholic ChurchYup, I got into another discussion with a follower of the esteemed Bishop of Rome, this time about indulgences. As the link says, an annulment states not that the marriage is dissolved, but that there was never a real marriage in the first place. If the Church declares a marriage a nullity, it never really happened. This is true even if the couple had children, were together for decades etc. So, because there was no marriage, there is no divorce. In this way, RCs who remarry..er, marry into a sacramental union, can have conjugal relations with their second.., I mean spouse. The key to a real marriage is a sacramental union--no sacramental union, no marriage. No marriage, no divorce. In this way, the RCs believe they avoid the prohibitions against divorce from Jesus' own teachings. However, i believe this bit of sophistry has an unintended consequence,undermining the trust the husband and wife have in their marriage.
Now, to be fair, we too have "annulments"--we do not recognize polygamous unions, "marriages" between those of the same sex, incestuous marriages etc. This is true, and my interlocutor brought this up to point out that it is not only the RCC which annuls improper "marriages". As I said, this is a fair point. But it also obscures my point. No Christian church wants to recognize polgamous marriages, for example. The problem I see with RC annulments is the after-the-fact declaration that a normal marriage was nothing of the kind. As a Lutheran, I believe sacraments should have an objective character, and absent that they are much less practical. (I know we do not cosider marriage a sacrament in the same way as Holy Baptism and Holy Communion). So, if the Church can declare a marriage a nullity decades later, how can the ones exchanging vows have any real confidence they are in fact in a Sacramental Union, and hence are in a real marriage? No one can really know, because if one partner fulfills one of the "requirements" for annulment--e.g. he or she did not really realize what marriage is, then the marriage is nullified. It appears that more than a few RCs left the Church because of annulments--probably because they saw the sophistry too.
In any case, it is word games like " we don't have divorce, we really believe marriage is for life...but maybe you weren't really married in the first place..." that make me glad I am a Lutheran, even though the philosophers laugh at us. :-) We are definitely less prone to fancy word play on issues like this, and I thank God for that.