Annulment for Natural Marriage?

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Ave_Maria_2011

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I have a question regarding annulments. Two friends of mine have recently divorced, and he is seeking to get a decree of nullity. She was baptized but is unsure of which Christian faith (she and her parents do not get along so she won’t ask and all three are hostile towards religion). He is unbaptized but seeks to marry a Catholic woman. The couple was married for ten years prior to the divorce and they have two kids together. I learned he spoke to a priest about his situation, to which the priest said that he didn’t need an annulment just a decree of nullity. Is this correct? It was my understanding that they were in a natural marriage and that it was indissoluble. I tried to provide him with the information of my marriage and decree of nullity, but my situation was a lot different so I’m not sure how much help I really was. Thoughts on what to tell him about his situation?
 
Tell him to go directly to the diocesan chancery. It isn’t necessary to go through the parish priest, only helpful for some people. If the priest isn’t providing the right information, go straight to the chancery.

It is possible your friend misunderstood, though. Technically a decree of nullity is the proper term for what most people call an annulment, since the marriage is not annulled, it is declared null. These are not two separate things.
 
He needs to speak to an expert, perhaps a canon lawyer, perhaps at the Diocesan marriage tribunal. There are situations in which a valid natural marriage involving a non-Christian can be dissolved; i.e. Pauline privilege, Petrine privilege.

Good books on the subject:

amazon.com/dp/B005DEUJQS/
“Annulment: The Wedding That Was: How the Church Can Declare a Marriage Null” by Michael Smith Foster

amazon.com/Annulments-Catholic-Church-Edward-Peters-ebook/dp/B004EPZ0OI/
“Annulments And the Catholic Church” by Edward Peters
 
Ave_Maria_2011 said:
I learned he spoke to a priest about his situation, to which the priest said that he didn’t need an annulment just a decree of nullity. Is this correct?
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An “annulment” and a “decree of nullity” are two ways of saying the same thing. The technical term is decree of nullity. Perhaps your friend’s priest wasn’t very clear, or perhaps because some of this is rather complicated he didn’t really understand what the priest was saying.

A marriage involving one or two unbaptized parties is a natural marriage. A valid natural marriage does **not **have the same indissolubility of a valid sacramental marriage. A natural marriage can be dissolved for certain reasons via the Pauline or Petrine Privilege. A putative (presumed valid) natural marriage can also be examined for nullity-- meaning an impediment or defect existed and it is not really a valid marriage.

So, when marriage cases involve an unbaptized person, there are two avenues:
  • nullity case
  • dissolution of the natural bond
Which avenue your friend can pursue depends on a number of factors, including whether certain evidence can be produced.

Your friend needs to sit down with the pastor of the parish and complete preliminary paperwork and work with the diocese on which avenue to pursue. If he doesn’t have any grounds for nullity, then dissolution of the bond is the avenue he can try.
 
1ke said:
So, when marriage cases involve an unbaptized person, there are two avenues:
  • nullity case
  • dissolution of the natural bond
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I wonder if the priest simply was not clear and intended to say that the husband did not need to go through an investigation and rather meant that he could seek a dissolution under the Petrine Privilege. That would seem to fit everything except for the “decree of nullity” as I do not believe that is what is provided in a case of dissolution, but maybe I am wrong. As stated we can only surmise what might have been meant, but only the parties and priest would know exactly what was said.

For the OP here is the relevant norms for the Petrine Privilege for the dissolution of a natural bond in favor of the Faith: Norms on the preparation of the process for the dissolution of the Marriage Bond in Favour of the Faith.
 
Definitely go up the food chain.

Not all priests are versed in annulments.

I found out the hard way.
 
Ave_Maria_2011 said:
…I learned he spoke to a priest about his situation, to which the priest said that he didn’t need an annulment just a decree of nullity. Is this correct? It was my understanding that they were in a natural marriage and that it was indissoluble. I tried to provide him with the information of my marriage and decree of nullity, but my situation was a lot different so I’m not sure how much help I really was. Thoughts on what to tell him about his situation?
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Hello,

Prior responses are good. The purported remark of the priest is rather odd but can make sense if properly understood. You might be able to impart some solid knowledge but the man simply has to discuss the matter (again) with a priest or another authority who can assist him in his desire to marry the Catholic woman. The only way he can marry her is to first show that he is “free to marry.” This can come via a dissolution or a declaration of nullity.

You are correct that a “natural marriage” is indissoluble. All marriages possess the essential property of indissolubility (see canon 1056). Nevertheless, as others have pointed out, “natural marriages” can be dissolved. This seeming contradiction is explained by the fact that “sacramental marriages” possess a certain “firmness” which natural marriages do not (see the same canon).

A more “legalistic” explanation involves the terms “intrinsic” and “extrinsic” indissolubility.

All marriages are “intrinsically indissoluble.” This means that the spouses cannot, of their own will, dissolve their marriage. There is a power outside the Parties which can dissolve the bond, however.

“Extrinsic indissolubility” describes the “firmness” possessed by sacramental marriages. Neither the Parties nor any power outside the Parties can dissolve the marriage. (Caveats: the marriage is also consummated and death can dissolve any marriage bond).

Dan
 
dans0622 said:
You are correct that a “natural marriage” is indissoluble. All marriages possess the essential property of indissolubility (see canon 1056). Nevertheless, as others have pointed out, “natural marriages” can be dissolved. This seeming contradiction is explained by the fact that “sacramental marriages” possess a certain “firmness” which natural marriages do not (see the same canon).

A more “legalistic” explanation involves the terms “intrinsic” and “extrinsic” indissolubility.

All marriages are “intrinsically indissoluble.” This means that the spouses cannot, of their own will, dissolve their marriage. There is a power outside the Parties which can dissolve the bond, however.

“Extrinsic indissolubility” describes the “firmness” possessed by sacramental marriages. Neither the Parties nor any power outside the Parties can dissolve the marriage. (Caveats: the marriage is also consummated and death can dissolve any marriage bond).

Dan
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I always learn something from you Dan. Thanks for this explanation!
 
dans0622 said:
Hello,

Prior responses are good. The purported remark of the priest is rather odd but can make sense if properly understood. You might be able to impart some solid knowledge but the man simply has to discuss the matter (again) with a priest or another authority who can assist him in his desire to marry the Catholic woman. The only way he can marry her is to first show that he is “free to marry.” This can come via a dissolution or a declaration of nullity.

You are correct that a “natural marriage” is indissoluble. All marriages possess the essential property of indissolubility (see canon 1056). Nevertheless, as others have pointed out, “natural marriages” can be dissolved. This seeming contradiction is explained by the fact that “sacramental marriages” possess a certain “firmness” which natural marriages do not (see the same canon).

A more “legalistic” explanation involves the terms “intrinsic” and “extrinsic” indissolubility.

All marriages are “intrinsically indissoluble.” This means that the spouses cannot, of their own will, dissolve their marriage. There is a power outside the Parties which can dissolve the bond, however.

“Extrinsic indissolubility” describes the “firmness” possessed by sacramental marriages. Neither the Parties nor any power outside the Parties can dissolve the marriage. (Caveats: the marriage is also consummated and death can dissolve any marriage bond).

Dan
Click to expand...
1ke said:
I always learn something from you Dan. Thanks for this explanation!
Click to expand...
Ditto for me. I always enjoy getting those extra bits that aren’t immediately apparent in the canons or norms.
 
cradlecatholic5 said:
Definitely go up the food chain.

Not all priests are versed in annulments.

I found out the hard way.
Click to expand...
This is very true.

If you feel that the priest you talk to has even the slightest bit of uncertainty about the subject, then go elsewhere. The diocese, maybe another parish if you have to and explain the situation.

And it’s a long process so the sooner you get correct paperwork submitted the better.
 
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