L
LilyM
Guest
Sounds risky. For starters she would have to know beyond a shadow of a doubt that her first husband never at any stage intended a permanent union. And even repeated infidelity may not be enough - he may have a sexual addiction or some other underlying reason for his behaviour that doesn’t negate his consent and intent to marry her.Ok, I think I may have found something that will help me. Its called “Internal forum solution”. Apparently Bernard Siegle gives an example of what a person does when he or she knows a marriage is invalid but cannot prove it in a public ecclesiastical court. Siegle provides an example of this in “Marriage According to the New Canon Law.”
Exhibit:
Catholic Questions, Wise Answers, Michael J Daley, copyright 2002 pg 389-390
A woman knows that in truth her marriage was/is invalid by divine law. Her partner never intended to enter a genuine permanent union with her and be faithful to her to death. But she cannot prove that in a church tribunal. The husband is gone. He would not be willing to give testimony in a church tribunal. There are no letters written before the marriage in which he tells someone what he is doing. there are no people in whom he confided who are willing to testify.
If he were to come back for a day or week in these circumstances and she had marital relations with him , she would in fact and in conscience be guilty of fornication! They are not actually married.
But without evidence and proof of the real facts, a church tribunal cannot pronounce the marriage invalid. The common good demands that courts (church or civil) decide cases on the basis of available evidence, proof of the facts. The church in the public or external forum says we cannnot pronounce this marriage invalid. We must consider her and her partner husband and wife with the corresponding obligations of spouses.
What a dilemma! It seems whatever way she turns is wrong. She knows she cannot morally live with this man as her husband, but the church law says she is bound to.
She asks her pastor or a priest in confession what she must do. To assist her to live faithful to her conscience and the real truth, he explains her situation to her, gives her the facts and information on which she can judge whether she is truly married or nbot. And he explains the options she has in such a situation. In the end she must make the final judgement about the validity or invalidity of her marriage. In either instance this is called an internal forum solution to her marriage dilemma. It is internal as opposed to the external forum with its judges, advocates, and official judgements entered in the public records of the church.
This is not an attempt to contravene divine law. It is rather an effort to help the person in such a situation live with what is actually the divine law - despite contrary appearances.
When questiond about a letter to the US BISHOPS that dealt with the use of the internal forum or pastoral solution, Archbishhop J. Jerome Hamer, then the Congregation for the Doctrine of the Faith, in effect recognized the legitimacy of the internal forum solution. He was explaining that a phrase “probate praxis Ecclesiae” used in the letter was to be underestood in the context of traditional moral theology ---- which teaches the internal forum as a way of handling such cases.
It is possible that some people, unaware of all the facts and that the internal forum solution is being legitimately used, would be scandalized to see such a person receiving Communion. In that case the person could be instructed to receive Communion where he or she is not known.
But how can a person in this situation enter a new marriage if no priest can witness it in the external forum because there is no church pronouncement of invalidity? Canon law itself provides that when a priest is unavailable for a length of time a couple can marry by exchanging consent before witnesses alone.
Pastors and canonist who have recourse to this pastoral solution or the internal forum are not sneaky, crafty, corner-cutting priests trying to “get around” the law or avoiding its consequences. They are priests trying to help people in very difficult and trying circumstances to live in the love of God and in accord with his law and the truth.
And secondly you still couldn’t marry her in any case - you guys DO have priests available in your area, so the option of exchanging consent before witnesses alone isn’t open to you.