I am in urgent need of a suitable advocate for a nullity of marriage case who both understands and supports Humanae Vitae.
Can a kind reader assist me in my need? My wife and I gave consent to marriage together in a Catholic nuptial Mass in St Peter's Catholic Church, Clayton, Melbourne, on 8 May 1970 when my wife was 21 and I was 23. The priest celebrant wrote that my wife was Roman Catholic in the marriage register but did not write how he knew this. Unknown to either of us, my wife was Church of England. To obtain a licit marriage it was necessary for me to petition for nullity of this marriage under Canon 1097.2 which states: "Error about a quality of the person ... directly and principally intended ... does ... render a marriage invalid".
My petition was accepted from 21 July 2010 by the Regional Tribunal of Brisbane.
My petition is that this "error" was that my wife and I both thought my wife was Roman Catholic. I petition that it can be proven my wife was Church of England. Canon 1159.3 states: "If the defect in consent can be proven, it is necessary that consent be given in the canonical form."
I would be grateful if any reader of AD2000 can help me to find a suitable advocate to prove this "defect in consent". My wife and I can then give consent in the canonical form so that our marriage will be certainly valid and licit. As per Canon Law 1483: "The advocate is ... to be a Catholic unless the diocesan Bishop permits otherwise, a doctor in canon law or otherwise well qualified, and approved by the same Bishop."
A valid and licit marriage is vital for my carrying out my part in the apostolate as a lay faithful Volunteer of Opus Mariae (Focolare Movement).
My wife has Alzheimer's Disease and may only have a few months left before she loses capability to consent. At present my wife retains clarity of mind sufficient to consent.
I can be contacted at oliver. clark5 at bigpond.com 24 Fairholme St., Kenmore, Qld 4069, tel: (07) 3378-3480.