Letters

Advocate needed

Oliver Clark

Contents - Nov 2011 - Buy a copy now Homily: Benedict XVI: From his All Saints Day homily - Pope Benedict XVI Ad Limina: The Australian bishops' 2011 ad limina visit to Rome - Michael Gilchrist News: The Church Around the World Pastoral visit: Benedict XVI calls his visit to Germany 'a great feast of faith' The Lion of Munster: Blessed Cardinal von Galen: a voice against tyranny - Babette Francis WYD Madrid: World Youth Day 2011: Experiencing Christ's presence - Dr Joe Santamaria WYD Madrid: World Youth Day: Becoming sons and daughters of Christ - Sam Rebbechi Society: Finding hope in the midst of secularism - Cardinal Raymond Burke Saints: G.K. Chesterton: Is there a case for his canonisation? - Karl Schmude Letters: Catholic schools - Don Gaffney Letters: First Parents - Fr Brian Harrison OS Letters: World Youth Day Madrid balance sheet - Fr Edward P. Evans Letters: Planetary Spirituality - Grahame Fallon Letters: Climate change - P.C. Wilson Letters: Immoral policies - Anthony English Letters: Vatican II - Kathleen Donelly Letters: Atheism - Fr Bernard McGrath Letters: Same sex marriage - Brian Harris Letters: Islam - John Frey Letters: Catholic healthcare for Cairns - Dr Tim and Anne Coyle Letters: New parish in India - Fr S. John Joseph PP Letters: Advocate needed - Oliver Clark Books: STRAINED RELATIONS: The Challenge of Homosexuality, by Bill Muehlenberg - Dr Joe Santamaria (reviewer) Books: ST THOMAS BECKET, by Michael Green - Michael E. Daniel (reviewer) Books: SAINT FRANCIS OF ASSISI, by Ivan Gobry - Br Barry Coldrey (reviewer) Donations: Support the Fighting Fund! Books: Order books from www.freedompublishing.com.au Reflection: The Church's architecture: faith translated into vision - Bishop Arthur Serratelli

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.

OLIVER CLARK
Kenmore, Qld

Reprinted from AD2000 Vol 24 No 10 (November 2011), p. 15