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[ESI] Dissolution of the marriage Goswintha/Micjo

 
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Vanyar



Inscrit le: 28 Jan 2012
Messages: 889

MessagePosté le: Jeu Mar 23, 2017 11:40 am    Sujet du message: [ESI] Dissolution of the marriage Goswintha/Micjo Répondre en citant

This is all additional information that I have gathered:
Beatriz a écrit:
In Game names of the applicants: [char]Goswintha[/char] and [char]Micjo[/char]
Date of the marriage: 15th July 1463
The question: The dissolution of the marriage
The applicant: Mother Beatriz
The reason: infidelity, abuse of trust
Children: none
Name of the priest that did the wedding: Mother Catriona

During Lady Goswintha's retreat, Lord Micjo asked her for the IG divorce. He has been seen with another woman in public. I have tried to contact him to ask him to abandon his attitude or to reconcile with his wife, but he has refused to respond to my letters.

Here 's Lady Goswintha's request:

[spoiler]
Goswintha a écrit:
I, Gowintha de Rocabruna, formally request the dissolution of the sacrament of marriage with my husband Micjo Maclairey, Lord of Viscount of Tunbridge, Baron of Shermanbury.

We were married the 15th July 1463 in the Arundel Chapel by Mother Catriona Mackenzie.

The past 7th November 1464 I've received the In Gratebus divorce by my husband, Micjo Mclareiy but he forgot to formally ask the divorce to the Church dodging that we are still married before God's eyes.

But as it is the will of my husband to obtain the divorce I ask you to formalize this situation, and I based the petition of dissolution of the sacrament on the Canon Law, First book - Ad mundi salutem per sanctificationem Section II : The sacrament of marriage – Section B: on the annulment of marriage:

Citation:
- Article 6.1 :The loss of romantic feelings between the spouses.
- Article 6.4 : The disappearance of one spouse for a length of time longer than three months. It was me who for a length of more or less disappeared due to reasons beyond my control.


By the other side I will also add a not very usual petition, hopping that the Curia will take into account, so based on the Canon Law - Ad mundi salutem per sanctificationem – Section II: The sacrament of marriage – Section B – The annulment of the sacrament of marriage:

Citation:
Article 17 : The causes of annulment of marriage are defined by the admissibility of the petition and are confined almost exclusively to serious procedural irregularity in the granting of the sacrament of marriage, abuse of trust or deceit by a spouse during the marriage.


Accordingly to the part of abuse of trust, I want to expose the following situation:
Even it is true that I've been disappeared as I have exposed before, I feel completely betrayed by my husband due to even he has send me the In Gratebus divorce we are still married, so he has to behave as a husband must do. It's a totally abuse of my trust send me the IG divorce and that he acts as we are not married any more flirting in public as if I don't exist.

I know that I have my fault in all this due to my absence, but this doesn't allows him to act as if I was dead or as I was her wife anymore. If he wanted to start a new live, this was up to him, he only had to do things properly, but treat me as I was going to know anything about his flirts due to my forced absence and behave himself as a free man knowing perfectly that he was married it's a completely abuse of trust and of the situation.
[/spoiler]

I truly appreciate your helping with this matter.

In Faith,
Mother Beatriz


I have received the following additional information on the situation. I shall study some other divorce cases and give my final say about it somewhere this week/weekend. This is all new to me, so I have to study it a bit.

Catriona Delacroix a écrit:
Greetings Brother,

Given I no longer have access to the episcopal assembly where such things are normally deposited, I am sending this application by mail. It is fortuitous that you have now been elevated to cardinal status so you can issue the relevent notice of dissolution.

This concerns a request for dissolution of marriage between Micjo and Goswintha. They were married on 15th July 1463 by myself in Arundel. No children were born from this marriage.

Although the request comes from Goswintha, the reason is primarily due to her disappearance for a period of longer than 3 months. It is apparent that Micjo believed his wife to be dead - and so one assumes did not believe it necessary to apply for a dissolution of marriage. Since Goswintha's return, she believes him to be carrying on an adulterous affair, although this is denied by Micjo and the only proof she offers is secondhand gossip. Goswintha moved to a different town at the start of the year and is not willing to reconcile because she feels humiliated. Micjo claims he would like to remain married but wishes to make her happy by giving her what she wants - a dissolution of marriage.

While this is a sad case, I believe the pair will not reconcile and that the dissolution should be granted under Article 6.4 which is the disappearance of a spouse for a time longer than three months.


I should point out that this is Goswintha's second dissolution of marriage as she was previously married. Also her removal to Holywell from Arundel has prevented any hope of reconciliation, along with her determination not to reconcile. I feel that his should be taken into consideration when deciding the length of time before she may be permitted to remarry. It appears that her pride and feelings of humiliation take a greater precedence than recognising the holy sacrament of marriage. I find her to be the party at fault due to her unwillingness to make a reconcilation after her long absence.

As for Micjo, he believed his wife to be dead but has said he would still like to be married now he knows she is back. However any reconciliation is impeded by his wife's move to Holywell and her determination to end their marriage, so he accepts her request to allow her to be happy and move on with her life.

Below are the letters of the two parties and the relevent section of the canon law.

In faith and reason
Catriona Mackenzie


Citation:
Article 6 : The motives for the dissolution of the sacrament of marriage are:

- Article 6.1 :The loss of romantic feelings between the spouses,

- Article 6.2 : Adultery committed by one spouse, the spouse at fault is prohibited from remarriage.

- Article 6.3 : The desertion of the spousal home by one spouse for a length of time longer than three months. The spouse convicted of spousal neglect is liable to be prohibited from a remarriage.

- Article 6.4 : The disappearance of one spouse for a length of time longer than three months.



Goswintha a écrit:
Dear Mother Catriona,

I write you in order to request a divorce from my husband Micjo Mclairey due to we cannot be reconcile.

I'm going to expose you my case;

Due to some problems (RL problems*) and after a year of being married, I went into retreat, when I returned to this world I saw that the past 7th November Micjo had send me the In Gratebus divorce, but he never asked formally for the divorce to the Church dodging that we are still married before God eye's.

Even that I can understand that he send me the In Gratebus divorce due to my disappearance I can't understand that he never asked for the divorce to the Church. Less than a month after send me the IG divorce, he acted as he was not married any more, flirting in public and kissing another woman. (**).

I know that my disappearance may have caused uncertainty to him, but this doesn't allow him to act in the way he has done. If he wanted to start a new life, this was up to him, he only had to do things properly, but take profit of my forced absence and behave himself as he was a free man, knowing perfectly that he is still married, it's a complete abuse of trust and of the situation.

By the other side, first, I've talked with Lady Beatriz de Winter-Dorchester i Rubiá, who was going to help in my case, but due to a personal situation she can't. I know that she wrote him in order to give him the opportunity to make allegations, but he never replied her, the same with me. I've sent him a couple of letters telling him to do the things properly, but he has also ignored me.

I want to inform you too, that I've moved from the marital home in Arundel to Holywell, due to it is really humiliating and it's a difficult situation for me to have to coexist with Lord McLairey and his mistress. I'm far from my home in Barcelona, I moved to England in order that him wouldn't have to give up his duties in his country, so in this moment I prefer to be close of my family in England. I'm telling you this because I don't want that my move could be taken as a desertion of the spousal home, really, the situation was really hard to wear.

Information of the marriage:
We were married the 15th July 1463 in the Arundel Chapel by Mother Catriona Mackenzie.

In faith,
Goswintha de Rocabruna

* RL problems, It was an unexpected situation. I couldn't advise and use internet for a period of 3 months and a half.
** I've got screenshots of that, the problem is that one day I've talked with the player and hours later he edited the last post (not the others), but in the Winter Ball people could read the flirtings, kissings and other things. I mean it's public.

http://imgur.com/a/61Kan
http://imgur.com/a/BUU5V
http://imgur.com/a/QBVcv


Citation:
From Micjo , Lord of Viscount of Tunbridge, Baron of Sh Date on 07 March 1465, 15h35
Subject Re: Dissolution of Marriage Expires on 26 March 2017 Hello Mother Cat,

I'm sorry for not responding sooner to this mail. Partly was I'm hurt by Swini's accusations and also her dissapearence of many months with no word from her. Part of me would love to still be married to her, and part of me wants to let her go so she can be happy, I'm torn.

But I request you ask the church to grant us a dissolution of marriage, and as for the basis of it...how about neglect and mental sufferering inflicted upon me by her long absence, which included her charactor dying while she was away.

I hope to see you in Arundel if you ever pass through, glad to see you back from your long nap too.

Micjo

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Presbyter & Professor of the Universal and Roman-Aristotelian Church. | Bishop of Ptolemais
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Vanyar



Inscrit le: 28 Jan 2012
Messages: 889

MessagePosté le: Mer Mar 29, 2017 11:13 am    Sujet du message: Répondre en citant

Citation:



Dissolution of the marriage betweenGoswintha & Micjo

To Mother Beatriz de Winter-Dorchester, Mother Catriona Mackenzie and the Episcopal Assembly of England, Scotland and Ireland,

We, the Cardinals of the English Speaking Pontifical Council, announce the acceptance of the proposed request for the dissolution of marriage of Goswintha & Micjo proposed by his Mother Catriona MacKenzie of Bristol and Mother Beatriz de Winter-Dorchester and the Bishop of Portsmouth. As requested on March 4th, 1465. The dissolution is based upon Article 6.4 : The disappearance of one spouse for a length of time longer than three months.

This cancellation is accompanied by the following clarifications:
  1. The dissolution of the marriage between Goswintha & Micjo.
  2. A two month marriage ban for each spouse.
  3. The obligation to confess before a new marriage.

Written and sealed in the name of the English Speaking Pontifical Council by us, Vanyar of Portsmouth, National Suffragan Cardinal on the 29th day of March 1465, under the pontificate of His Holiness Innocent VIII.


Cardinal Vanyar,
Bishop of Portsmouth

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