My query involves an interpretation CIC 1161-1163:1) and concerns the issue of whether a person who has invalid marriage must obtain a radical sanation or merely a blessing from the pastor to validate the union. The facts are as follows: one spouse was baptized Catholic but her parents failed to bring her up in the faith and she was never confirmed, such that she never knew anything about canon law rules on marriage. The other was not Catholic and was, in fact, anti-Catholic at times since he was religiously Protestant. Those two marry each other civilly at a relative’s home. Many years later (over 10), the anti-Catholic converts and is received into the Catholic Church during the Easter Vigil–with the spouse being formally confirmed that same night after both went to RCIA. An issue arises many years after the the conversion and confirmation of the spouses and it concerns the validity of the marriage.
(1) Is it not true that the one who would be compelled to seek radical sanation (if applicable at all since the spouse was never confirmed prior to marriage) would be the one baptized Catholic, not the the-then Protestant spouse who years later converted?
(2) Could it ever be said in the future that the spouse who married outside the Catholic Church (the then non-Catholic) is impeded from holy orders because he participated in a civil ceremony at some point years ago when he was not a Catholic and, presumably, would not be under the canon law applicable to Catholics and the Church?