Annulment Needed by Divorced Non-Catholic for Catholic Marriage?


#1

Is an anullment needed by a divorced non-Cathoic (Episcopalian) in order to get married to a Catholic in a Catholic church?


#2

Yes, it is needed.

Non-Catholic marriages are recognized as valid for non-Catholics. So, someone who isn't Catholic and who has been divorced would not be eligible to marry in the Catholic Church unless their prior bond was found to not be valid.


#3

OK - Thanks -


#4

Is the annulment sought in the non-Catholic's church or through the Catholic church?


#5

It would be handled through the Catholic Church.

In determining who they need to go to get started on this process, it would be helpful to know where the marriage took place, because the Tribunal associated with that Diocese would be the one that would likely take the place. Other than that, it is also possible to have it heard in the diocese where the respondent lives, or the diocese where the person seeking the annulment lives.

The priest of the Catholic person who is considering marriage would be a good person to contact.


#6

I know that this does not apply directly. My first marriage was by a Justice of the Peace. No annulment necessary!


#7

[quote="MtnDwellar, post:6, topic:190117"]
I know that this does not apply directly. My first marriage was by a Justice of the Peace. No annulment necessary!

[/quote]

That would only be the case if one of the parties to the marriage was Catholic. Otherwise it would be presumed to be a valid marriage.


#8

A Catholic person is wise NOT to date or plan marriage with someone who is not free to marry.


#9

It still requires an anullment - if one of the parties was Catholic and did not fulfill the requirement of marrying in the Church then the parties can seek a lack of form which is more inexpensive and quicker but an anullment or finding of nullity is still required as ALL marriages are PRESUMED valid unless challenged.


#10

[quote="joandarc2008, post:9, topic:190117"]
It still requires an anullment - if one of the parties was Catholic and did not fulfill the requirement of marrying in the Church then the parties can seek a lack of form which is more inexpensive and quicker but an anullment or finding of nullity is still required as ALL marriages are PRESUMED valid unless challenged.

[/quote]

The marriage of a Catholic by a justice of the peace without a dispensation is NOT presumed valid so proof of nullity is not required. A canon lawyer cleared that up for us a few weeks ago.
forums.catholic.com/showthread.php?p=6093365&highlight=nullity#post6093365


#11

[quote="Phemie, post:10, topic:190117"]
The marriage of a Catholic by a justice of the peace without a dispensation is NOT presumed valid so proof of nullity is not required. A canon lawyer cleared that up for us a few weeks ago.
forums.catholic.com/showthread.php?p=6093365&highlight=nullity#post6093365

[/quote]

It still requires administrative paperwork though, in most dioceses that is.


#12

Just to clarify my original question: my friend is Catholic. She has never been married. She is seeing a man who is divorced. He is not Catholic, nor was he married in a Catholic church, although I presume that he married in a Christain ceremony, as he is Episcopalian.


#13

[quote="cwarkoczewski, post:12, topic:190117"]
Just to clarify my original question: my friend is Catholic. She has never been married. She is seeing a man who is divorced. He is not Catholic, nor was he married in a Catholic church, although I presume that he married in a Christain ceremony, as he is Episcopalian.

[/quote]

He is not free to marry unless a Tribunal from a Catholic diocese finds his prior marriage to be invalid. He could speak to her priest about his circumstances and get pointed in the right direction with regards to how to proceed.


#14

No what the canon lawyer said was that it does not go before the tribunal it is presumed invalid - you still are required to get the declaration for lack of form. Trust me I have be remarried in the Church after being divorced from a Catholic I was married to by a JOP. The deacon that I deal with is one of the main in the archdiocese for doing these. The presumption there unless the paperwork is done. IN my case it was$50 to the archdiocese to check the paperwork but as was quoted it does not go beforethe tribunal. Check the link again and read carefully. And I have highlighted where it says clearly there must be a decision made but the decision is not called an anullment.

A marriage “outside the Church” does not require a decree of nullity per se.

A decree of nullity is what a judge (or judges) of a tribunal issues after a judicial process (an ordinary contentious process of the nullity of marriage) in a sentence.

Actually, the pre nuptial investigation is sufficient to establish that such a marriage “outside the Church” is not valid. In the case of a total lack of form, the marriage does not enjoy the favor of law and hence the presumption of validity mentioned in canon 1060. So it would not be subject to a nullity case before a tribunal as a rule.
Instead, the pre nuptial investigation of canon 1066-1067 would suffice to establish that the parties did not assume the bond of marriage and would be free to marry.
This was established according to an authentic interpretation of canon 1686 (Pontifical Commission on the Authentic Interpretation of the Code of Canon Law, cf. AAS, LXXVI, 1984, 746-747).

As canon 1066 says, “Before marriage is celebrated, it must be evident that nothing stands in the way of its valid and licit celebration.”

However, for the sake of clarity, diocesan bishops often have the tribunal or another curial office establish that one or both parties were bound to the Catholic form of marriage and did not observe it.
This is an administrative action rather than a true judicial process. Although a decree is issued and the marriage is noted as null as a point of fact, it is not “an annulment” in the proper sense of that notion.

A little confusing from the outside, but the distinction of the type of process is important.

This is exactly what I said above - until you have a Point of Fact or Decree or Lack of Form or Whatever - You as Having Been Married as Something Other Than Catholic are still married until you challenge it as YOU had not responsibility to have been married in the Church at that time as you were not taking part in a vaild Catholic wedding as a Catholic…


#15

We talked to the priest. I was under the assumption that my first marriage was not valid. He agreed. No annulment or other process was required.


#16

In your archdiocese you are probably correct - here is the kicker - is the ceremony taking place in the same archdiocese as you marriage prep?


#17

[quote="joandarc2008, post:16, topic:190117"]
In your archdiocese you are probably correct - here is the kicker - is the ceremony taking place in the same archdiocese as you marriage prep?

[/quote]

I didn't know that it was that complicated. Of course the courthouse does not include itself in a diocese. But, the church and the courthouse were in neighboring towns. I am pretty sure that the same diocese covered both.

If the validity of my Catholic marriage is in question, it is a moot point. I am a widower.


#18

No where I was coming from with this is sometimes - especially with college students the marriage prep may be done in one achdiocese and the sacrament may be done back home where their parent can attend over the summer in another diocese. If the diocese the college is in does not require this paperwork but the diocese that is doing the sacrament does the bride and groom may not realize they have an issue until the paperwork and license is presented to the Priest at the Church they are getting married at. That is part of the confusion whenever there are rules that are governed at a diocesan level that concern sacraments. That is why even if maybe a formal process is not required even a notation of some sort or contacting the diocese where the marriage would take place ahead of time would stave off confusion.

Yours is not one of these situations but I am bring it up as a point of fact to clarify. The other issue is that the rules are simple. Things become complicated because we as human beings sometimes don’t follow the rules and then need ways to correct it. :wink:


#19

[quote="cwarkoczewski, post:1, topic:190117"]
Is an anullment needed by a divorced non-Cathoic (Episcopalian) in order to get married to a Catholic in a Catholic church?

[/quote]

no possible way for an accurate answer on this forum, not enough info. to get the info that pertains to your personal situation, make an appointment with your priest, lay out all the facts pertaining to your marital history, your prospective partner's marital history, baptismal staus and so forth, It is a lot of info and no need to relate any of it here. The priest will help you detemine what steps should be taken.

short answer: the Catholic church considers marriages between two non-Catholics who were otherwise free to marry as valid until proven otherwise.

The canon law tribunal of the Catholic diocese where either party resides or where the marriage took place conducts the investigation. The only one who can apply for this is one of the parties to the marriage in question, and then only after it has irretrievably broken down (usually after civil divorce, which does not end a valid marriage).

it is useless and misleading to compare one marriage situation to another, as frequently occurs in discussions on these questions, because all the facts are never going to be the same, each situation is unique.


#20

[quote="cwarkoczewski, post:12, topic:190117"]
Just to clarify my original question: my friend is Catholic. She has never been married. She is seeing a man who is divorced. He is not Catholic, nor was he married in a Catholic church, although I presume that he married in a Christain ceremony, as he is Episcopalian.

[/quote]

and all the other necessary info is missing which is why the gentleman needs to apply for an annulment investigation. What was his baptismal status, that of his ex, were conditions necessary for a valid contract present at the time? there is no way you as a friend can gather that information, hence the legal investigation and process.


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