Originally Posted by lve2trvl
Can only a Catholic party request an annulmenet based on lack of form. I was previously married to Catholic in a Presbyterian ceremony. I am Presbyterian currently in RCIA classes. Ex husband (Catholic) was previously married prior to being married to me. He will not ask for an annulment of our marriage based on lack of form. Can I ask for the annulment even though I am not yet Catholic but am attending RCIA and mass?
First, what you'd be doing is not getting an annulment, it's just paperwork to prove that he married outside the church.
A decree of nullity says that a marriage that was presumed valid was, in fact, invalid. If he didn't get a dispensation to marry in the Presbyterian Church your marriage to him wasn't presumed valid by the Catholic Church.
Also, you say he'd been married before. Unless
a) that wife had already died, or
b) he'd received a decree of nullity for that marriage, or
c) he had not married in the Church that time either,
he wasn't even free to marry you so one more reason that marriage was invalid in the Catholic Church's eyes.
Yes, you can get that recognized by the Church. Go to the priest, tell him the story. Bring your certificate of marriage showing where the marriage took place, your baptismal record, your divorce papers and a recent copy of his certificate of baptism, which will show whether the first marriage was in the Church and if it was, whether it had been declared null or not.