Annullments: Appealing decision and "remarriage"

[EnglishTeacher]

Question about how annulment and appeals work: If one spouse in a former putative marriage applies to have their marriage declared null and receives an affirmative decision, my understanding is that the other spouse can appeal the decision if desired, all the way up to the Vatican (although I understand that an appeal of this kind is rare). Given that one spouse could potentially appeal, though, when is it “safe” for the other spouse to re-marry? In other words, could there be a situation in which one of the former spouses receives a decree of nullity and then enters into what he believes to be a valid marriage with someone else, only to have the annulment overturned by the Vatican?

(FYI, I am not considering an annulment; this is a question asked out of sheer curiosity, inspired by this thread on the Family Life forum: forums.catholic-questions.org/showthread.php?t=1036394)

 

[EnglishTeacher]

Question about how annulment and appeals work: If one spouse in a former putative marriage applies to have their marriage declared null and receives an affirmative decision from (from the courts of first and second instance) , my understanding is that the other spouse can appeal the decision if desired, all the way up to the Vatican (although I understand that an appeal of this kind is rare). Given that one spouse could potentially appeal, though, when is it “safe” for the other spouse to re-marry? In other words, could there be a situation in which one of the former spouses receives a decree of nullity and then enters into what he believes to be a valid marriage with someone else, only to have the annulment overturned by the Vatican?

(FYI, I am not considering an annulment; this is a question asked out of sheer curiosity, inspired by this thread on the Family Life forum: forums.catholic-questions.org/showthread.php?t=1036394)

 

[EnglishTeacher]

It is very possible that I am outlining the process incorrectly, so that might be contributing to my confusion (and hopefully someone will correct me on that).

 

[1ke]

Given that one spouse could potentially appeal, though, when is it “safe” for the other spouse to re-marry?

Here is the process the case takes:

vatican.va/archive/ENG1104/__P6N.HTM

And the recent updates:
w2.vatican.va/content/francesco/en/motu_proprio/documents/papa-francesco-motu-proprio_20150815_mitis-iudex-dominus-iesus.html

They are not free to marry until the sentence is effective, and that happens after the case has gone through the first and second instance and appeals.

 

[Horton]

In other words, could there be a situation in which one of the former spouses receives a decree of nullity and then enters into what he believes to be a valid marriage with someone else, only to have the annulment overturned by the Vatican?

One would not receive a decree of nullity until either the respondent does not appeal or all appeals are decided. A respondent (the non petitioning spouse) is given a certain amount of time, I think 20 days, to notify the tribunal if they plan to appeal. Without the decree of nullity, one may not marry in the Catholic Church.