annulment questions

a friend who is catholic has an annulment from a marriage that lasted in 1990, the man she wants to remarry is catholic but the first marriage was by a justice of the peace and she wasnt catholic and she left him in 1998, that wouldve been an annulment because she was pretty immature and they only married when she was 19 and he was 23

should the friend who is catholic with the annulment get married to the man with the un-catholic first marriage

I would love to help answer your question, but I’m not entirely clear what is going on here. Could you perhaps rephrase this a bit so what you’re asking is more clear? Then perhaps others and myself can help to give you an answer.


If a Catholic was married outside the Church without a dispensation from the local Bishop, the marriage would be invalid due to “lack of form.” It should be a simple matter to obtain a decree of nullity from the diocesan marriage tribunal.

should the friend who is catholic with the annulment get married to the man with the un-catholic first marriage

Should someone get married” and** “can** they get married” are two entirely different questions.

I can’t actually follow what you trying to say/ask but in any event the only way to get a correct answer is for your friend to talk to a priest.

I second Paul’s reply here.

should the friend who is catholic with the annulment get married to the man with the un-catholic first marriage

  1. A Catholic should not marry someone who is already married.
  2. At present - even though the man’s first marriage was outside the Church - your friend, as a Catholic, must presume it was valid until the Church says it was not.
  3. As pointed out by PaulfromIowa above, this should likely be a simple matter.
  4. Once the issue is reviewed by the Church and (presuming) a decree of nullity is issued then sure…they are free to marry in the Catholic Church.

Hope this helps.


I am not sure what is going on here, either. With all due respect to the OP, a little punctuation and capitalization goes a long way toward creating clarity. I am not able to follow the post very well.

thank you, how does lack of form apply to non-catholic first marriages.

If you mean both were non-Catholic then lack of form doesn’t come into play. Only Catholics are bound to marry according to canonical form.

That said

I gathered from your original post that
a) You have a Catholic friend who received an annulment of her first marriage.
b) She’s dating a divorced Catholic.
c) His first marriage was to a non-Catholic and celebrated by a JP.

We can’t really comment because there is information we don’t have. Did he have his Bishop’s permission to marry a non-Catholic, and if he did, did he also have a dispensation from the Bishop to marry outside the Church?

If he didn’t have a dispensation, his first marriage is not presumed valid. He is free to marry. He just had to present paperwork to show that.

If he did have a dispensation then his marriage is presumed valid and he has to have it investigated and possibly declared null.

Only once you know all this do you know whether or not she can marry him. Whether or not she should marry him is not for us to say.

thank you, he was a lapsed catholic at that time when he married the non catholic Via JP, and didnt really occur to him to get a valid catholic marriage.

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