Marriage Validation for a Catholic & Non-Baptised Spouse


#1

Dear all;

I am waiting to see a priest about this in a few weeks.

I just want to satisfy my concerns to make sure I understand things correctly.

For background- neither have been married before, and the marriage took place in an Episcopalian church.

  1. Can a convalidation occur successfully between a Catholic and non-baptised person (who wants to come to the faith)?

  2. The marriage would be a non-sacramental marriage?
    2a) What are the differences between sacramental and non-sacramental marriages?
    2b) Does a non-s marriage have any affect on the ability of the catholic party to receive the sacraments?

  3. If living as brother and sister during this time, and regularly going to confession, can the catholic receive the eucharist? (we are not known in the parish- there is no question of scandal).

Thanks!


#2

Yes

  1. The marriage would be a non-sacramental marriage?

Yes, only 2 baptized Christians have a sacramental marriage.

2a) What are the differences between sacramental and non-sacramental marriages?

A sacramental marriage carries graces as do all seven sacraments instituted by Christ.

2b) Does a non-sacramental marriage have any affect on the ability of the catholic party to receive the sacraments?

No, if it is a valid marriage. The marriage would become sacramental when the other partner is baptized.

  1. If living as brother and sister during this time, and regularly going to confession, can the catholic receive the Eucharist? (we are not known in the parish- there is no question of scandal).

Probably yes. Ask your pastor.


#3

Yes. A marriage between a Catholic and an unbaptized person can be convalidated whether or not the unbaptized spouse intends to receive instruction and become a Catholic.

That’s correct. It is a valid, natural marriage.

One give sacramental grace, the other does not.

A consummated sacramental marriage is also completely indissoluable. Natural marriages can be dissolved by the Pope under certain circumstances. called the favor of the faith.

No.

That is up to your pastor. Only he can give you such permission.


#4

Dear rcuk, I would not seek the answers to the questions you have on this or any other forums. Please talk to a priest or deacon. I was told completely different answers regarding my own marriage to a protestant, first marriage for both and my husband did want to be Catholic. I could not receive communion because of invalid marriage and had to wait for validation. My husband was a baptized Christian, now he is Catholic.


#5

Thanks Casilda.

I know… Just wanted to get thoughts in te open while I wait to see the priest.

All of this has bothered me since, when I got marred,in a church, in front of God, making my vows, I assumed I was married.

I think I am correct in tat yes, I am married…but as it was outside of the true Church, the true Chrch did not witness my voluntary giving of myself in marriage and so has to validate this, then I can safely be in communion with the church. Another priest told me that the existing marriage would become valid from day one, which seems to confirm ths thinking.


#6

If you convalidate your marriage through simple convalidation (new exchange of consent in the Catholic form) it is valid from that point forward. If you apply for convalidation via radical sanation then it is valid from your original exchange of consent.


#7

“1ke’s universal disclaimer: In my posts, when I post about marriage, canon law, or sacraments I am talking about Latin Rite only, not the Orthodox and Eastern Rites. These are exceptions that confuse the issue and I am not talking about those.”

Exactly. I would have had to have a dispensation from the bishop in order to have my marriage to a protestant validated but proceed with a radical sanatation to have my 30+ yr marriage acknowledged. This whole process was slow as frozen mud and confusing as a rat’s maze with no exits. Not to mention the almost impossible to get meetings with a deacon or priest in our diocese. I all but gave up, but now safely back in the church, albeit the Eastern lung.


#8

The radical sanation uses the original consent that perdues rather than new consent, and also dispenses from canonical form if it was lacking, and other impediments, so that, through a legal fiction, the marriage is valid from the moment the consent was given (i.e. when it was given correctly: life long, exclusive, freely given, and granting just conjugal rights). Between the baptized, the sacramental effects only occur from the moment of grant not from the original consent.


#9

Hi Casilda,

I’m hoping it may be simple- the initial meeting suggested so; but now we can’t meet him for another month. I’m considering trying another parish, which is less busy as this priest has a lot on his shoulders.

How long did it take you to get the sanitation?

Did the priest handle it all, or did you have to appeal to the bishop?

Thanks for all your comments, everyone and I ask your prayers that this can be done soon.


#10

It took 9 months and 6 parishes just to be able to talk to a priest. The problem involved priests being transferred, and being replaced by temporary administrators and just overly busy priests. So after a year, finally had the paperwork filled out, for the dispensation, the radical, this still left my husband hanging regarding his sacraments. He would have to wait until the fall for rcia. Since he has studied theology and the past 3 years, early church (the roots of both Eastern and Western/Orthodoxy and Catholicism) we approached an Eastern Catholic priest who was not too busy to add faithful to his parish fold. My husband was accepted by examination, chrismated and our marriage was blessed. All in time for Easter.


#11

I noticed that matters are often quicker in the eastern Catholic churches too. At my Byzantine Catholic parish we have had many receptions into the Catholic church, and some faithful that have come from a western Christian ecclesial community (e.g., Anglican, Presbyterian, Lutheran, etc.) have applied for and received approval for a canonical transfer to the Byzantine. (They do that because one is automatically ascribed to the Latin Catholic church no matter what church sui iuris give receives them (per eastern canon law CCEO Can. 35), and reception of Chrismation is valid, but may be* illicit* if this is not done.)


#12

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