Annulment Question


#1

A Catholic woman that self identifies as bi-sexual had a same-sex “marriage.” They divorced about a year later. She has had a change of heart, wants to come back to the Church and is planning a marriage (to a Catholic man).

I understand the Church’s opposition to same sex “marriage.” But, the question at hand is does this situation require any sort of annulment or other procedure before she is free to marry in the Church?

Any help finding an answer would be appreciated.


#2

This is better to go through the person who helps get the annulment papers ready to send in. When I went through my annulment, there was a woman in my parish who did that. That’s the person to talk to. After all, if this “same sex” marriage was seen as a real marriage on the civil side, then I think she should be better off talking to them not just about the previous marriage, but also she needs some premarital counseling before getting married. Here, it’s said that the priest needs a six month notice of the planned marriage.


#3

No annulment is possible as, of course, same sex “marriage” is not a marriage. This individual needs only to make a good confession to return to the Church.


#4

There is no such thing as same sex marriage. Therefore, there is no such thing as a decree of nullity because this person has never been married at all.

She certainly needs to disclose these things to both her future spouse and her pastor. The pastor should do some intensive counseling with the couple, to determine if there are any impediments, but prior marriage is not one of those impediments-- she is free to marry.


#5

I agree that this case sounds like no annulment will be necessary, but I don’t think it’s quite because “there was no true marriage.” That’s true in this case, but it’s also true in ALL successful annulment cases, because an annulment means a valid marriage did not take place.

I think the reason there is no need for an annulment in this case it’s because there is nothing to investigate. In heterosexual marriage cases, they have to investigate because there is always a POSSIBILITY that a true marriage took place; but in a homosexual “marriage,” no true marriage could possibly have taken place, so there is no need for annulment proceedings.


#6

That would be me. We are called “advocates”. All the responses above are good and correct. No decree of nullity necessary or possible. She needs to go to confession. She needs to attend a marriage preparation session. She needs to disclose this stuff to her fiance. She probably needs counselling.


#7

One important note here: Since some states validly acknowledge such unions from a civil perspective, it may be necessary for that person to show the civil divorce information as well to their pastor since the Church does respect the authority of the state to manage the civil/municipal laws regarding what it defines as a legal marriage, even if the Church does not.


#8

Agreed that it would be a requirement that the person in question is able to obtain a civil marriage license which is required for marriage in the Church.


#9

Hi!

I’m not sure exactly but maybe a lack of form certificate is required if the ceremony is recognised civilly.

Hope this helps.
Nic


#10

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