AFFIDAVIT OF BENEDICT T. NGUYEN, having been duly sworn according to the laws of Wisconsin, states
the following is true and correct according to the best of his own personal knowledge, information, and belief:

1.   I presently reside in the city of [...], Wisconsin.

2.   I am an expert in the area of Catholic canon law and currently serve as the Chancellor of the Catholic
     Diocese of La Crosse, WI, and a canon lawyer for the Tribunal of the Diocese of La Crosse.

3.   My experience in education is the following:
      a)   [...]
      b)   [...]
      c)   [...]
      d)   Master of Theological Studies (M.T.S.), The University of Dallas, Dallas, TX.
      e)   Pontifical Licentiate in Canon Law (J.C.L.), The Catholic University of America, Washington, D.C.

IN LAW
4.   As Catholics, to enter into marriage in the Catholic Church is to be introduced into an ecclesial
      order of spouses (cf. Catechism of the Catholic Church, Nos. 1631 and 1537).

 a.   Catechism of the Catholic Church, No. 1631:
      “This is the reason why the Church normally requires that the faithful contract marriage according to
      the ecclesiastical form.  Several reasons converge to explain this requirement:
          -- Sacramental marriage is a liturgical act.  It is therefore appropriate that
             it should be celebrated in the public liturgy of the Church;
         -- Marriage introduces one into an ecclesial order, and creates rights and
            duties in the Church between the spouses and towards their children;
         -- Since marriage is a state of life in the Church, certainty about it is
             necessary (hence the obligation to have witnesses);
         -- The public character of the consent protects the “I do” once given and
             helps the spouses remain faithful to it.”

 b.   Catechism of the Catholic Church, No. 1537:
      “The word order in Roman antiquity designated an established civil body, especially a governing
      body.  Ordinatio means incorporation into an ordo.  In the Church there are established bodies
      which Tradition, not without basis in Sacred Scripture, has since ancient times called taxeis (Greek)
      or ordines.  And so the liturgy speaks of the ordo episcoporum, the ordo presbyterorum, the ordo
      diaconorum.  Other groups also receive this name of ordo:  catechumens, virgins, spouses, widows,….”

5.   Among the effects of being incorporated into the ecclesial order of spouses is the assumption
      of certain rights and duties towards one’s spouse and one’s children.  (See supra., Catechism of
      the Catholic Church, No. 1631).  These rights and duties are governed by canon law.

          a)   Code of Canon Law, canon 1059:
                “Even if only one party is Catholic, the marriage of Catholics is governed not only by divine
                 law, but also by canon law, without prejudice to the competence of civil authority concerning
                 the merely civil effects of the same marriage.”

6.   Among the rights and duties that bind those in the order of spouses are the duty and the right
      to preserve conjugal living unless a legitimate cause excuses them (cf. Code of Canon Law,
      canon 1151).

7.   Before spouses may separate, the spouses have the duty and the right to follow the canons regarding
      the “Separation (of the Spouses) with the Bond Remaining,” the substantive law of which is found in
      Code of Canon Law, canons 1151-1155, and the procedural law of which is found in Code of Canon
      Law, canons 1692-1696.

APPLICATION
8.   It is undisputed that both William [...] and Marie [...] were practicing
      Roman Catholics prior to and at the time of their marriage ceremony, and continue to profess to be
      practicing Roman Catholics at present time.

9.   It is also undisputed that William and Marie explicitly desired and intended to be married within the
      Roman Catholic Church and to assume the rights and duties connected with being married within
      the Roman Catholic Church.  This is made evident by the fact that William and Marie:

      a)   Sought and underwent marriage preparation within the Roman Catholic Church ? specifically at
            Saint Christine Catholic Church in Euclid, Ohio;

      b)   In fact completed marriage preparation sessions according to the Marriage Policy of the Diocese
            of Cleveland;

      c)   Were in fact presented with the Roman Catholic Church’s understanding of marriage, as evidenced
            by the Diocese of Cleveland’s Marriage Policy, Chapter VI, pg. 17, and their agreement to the
            Diocese of Cleveland’s Declaration of Matrimonial Consent;

     d)   Were actually subsequently married according the Rite of Marriage of the Roman Catholic Church,
           afficiated by a Roman Catholic Priest.

10.  It is also undisputed that William and Marie did in fact contract marriage within the Roman Catholic
      Church through the proper Roman Catholic ecclesiastical form (Rite of Marriage) and thus were
      introduced into the ecclesial order of spouses, pursuant to Catechism of the Catholic Church, No. 1631.

CONCLUSION
11.  Therefore, given the above points in law and in fact, it is concluded that William and Marie
      understood the rights and duties of marriage within the Roman Catholic Church and sought marriage
      within the Roman Catholic Church, which de facto includes the assumption of the rights and duties
      of the order of spouses (cf. Catechism of the Catholic Church, No. 1631), including those of separation
      of the spouses pursuant to Code of Canon Law, canons 1151-1155 and 1692-1696).

12.  Therefore, it is also concluded that William and Marie, by virtue of their seeking and actually entering
      into marriage within and according to the laws and rites of the Roman Catholic Church, have de facto
      an antenuptial agreement to adhere to the rights and duties proper to the order of spouses, as
      governed by the canonical laws of the Roman Catholic Church, including those of separation of the
      spouses pursuant to Code of Canon Law, canons 1151-1155 and 1692-1696.

Affiant further sayeth naught.

Benedict T. Tguyen                   July 30, 2004
_____________                      ________________________
Signature                                  Date
 
 

ACKNOWLEDGEMENT

State of Wisconsin
County of La Croose

Sworn and signed before me on this 30th day of July, 2004, by Benedict T. Tguyen
having personally appeared before me, the undersigned Notary Public, and known to me or satisfactorily proven
to be the person whose name is subscribed to the above Affidavit.  I attest that the principal appears to be of
sound mind and not under or subject to duress, fraud or undue influence.

My Commission Expires:  4-27-08

Susan K. Vlasak
Notary Public