You need a document from the Marriage Tribunal that signifies that you are free to marry. It probably won’t be very difficult to get, but you do need to follow the steps.
The point being, there needs to be some kind of documentation to show that he is free to marry. He cannot just assume that he is free to marry.
The thing here is that there is no presumption of validity in the case of a Catholic who marries before a justice of the peace. The marriage is presumed invalid without proof that there was a dispensation. The priest can easily document that in the prenuptial investigation. I’m dealing with this as we speak in my own parish.
It is correct that a marriage contracted by a Catholic without canonical form, or a dispensation from it, does not enjoy the presumption of validity.
no way to answer here
I don’t know about a bishop’s ability to dispense with a judicial process (he may or may not really be able to do such), but the bolded point is the essential one: “it is not automatic.” Even if all parties involved are “sure” the marriage was invalid, the Church requires that this be verified - almost universally, but perhaps not exclusively, through adjudication by a tribunal - so there’s going to be some official documentation required. This helps everyone move toward an assessment on the grounds of what is “established” with moral certainty, as opposed to only a few individuals’ impressions and possibly faulty understandings.
Yes, but don’t they need documentation to show that no dispensation was ever given?
In a sense, yes. You won’t exactly find “documentation” of something that never occurred (as if there’s someone at the chancery charged with compiling annual lists of people who did not receive dispensationsYes, but don’t they need documentation to show that no dispensation was ever given?
), but there must be some sort of responsible investigation into the matter. You can’t really just leave it at the sole testimony of the party seeking to be married - not only might that person not have a full knowledge of the facts/events, but one must also seek to eliminate as much possible “bias” as one can (the petitioner has, after all, a vested interest in finding the previous “marriage” null).Thank you. This is exactly the idea that I have been trying to express.In a sense, yes. You won’t exactly find “documentation” of something that never occurred (as if there’s someone at the chancery charged with compiling annual lists of people who did not receive dispensations
Obtain documentation that there’s no documentation?Yes, but don’t they need documentation to show that no dispensation was ever given?
Yes, and then they send you a letter to that effect - that’s the documentation that you need to take to the priest when you go to get married the second time.
When I said ‘you contact’, I meant the parish that’s been approached to celebrate the marriage.
But if he is under the impression that he can be his own Marriage Tribunal, then he would not admit to any of this - he would just say, “No, I have never been married before.” Because in his mind he already has a 'spiritual" Decree of Nullity. He doesn’t realize that it has to be printed out on official Marriage Tribunal letter-head paper.
Yes, go get the paperwork from your Priest.All marriages are considered valid unless proven otherwise. You do need to prove your case with some paperwork. Get your marriage information and divorce information and go talk with your priest.From the details you gave it should be fairly simple. If not then go from there at least you will have started the process.