Annulment from a Non-baptized person

[cveronica774]

I’ve been trying to find the answer to this question. Perhaps someone can help me. I am a catholic and was married outside the church in a civil ceremony to a non-baptized man. We are now divorced going on 8 years. Do I still have to get an annulment from that marriage in order to get married in the catholic church in the future?

 

[SuscipeMeDomine]

Catholics are required to marry according to Catholic form or to receive a dispensation. Assuming that you didn’t get a dispensation to be married outside the Church, you didn’t have a valid marriage. Proving that will be a matter of paperwork rather than a full-fledged procedure.

If you are thinking of marrying again, it would be good to see a priest and get things in order now rather than waiting until the marriage is approaching and you’re trying to meet short timelines.

 

[cveronica774]

Thank you for the reply. It is much appreciated! God bless!

 

[1ke]

I’ve been trying to find the answer to this question. Perhaps someone can help me. I am a catholic and was married outside the church in a civil ceremony to a non-baptized man. We are now divorced going on 8 years. Do I still have to get an annulment from that marriage in order to get married in the catholic church in the future?

To marry in the Catholic Church requires a prenuptial investigation to ensure nothing stands in the way of marriage. In other words, you have to be declared free to marry.

As a Catholic, you were required to be married in Catholic form or receive a dispensation from form. If you did not receive a dispensation to marry in a civil ceremony, you have what is called a lack of form. The Church does not presume such an attempt at marriage is valid, but the Church does require documentation be supplied during the prenuptial investigation of freedom to marry.

In some places, this requires the documentation be sent to the diocese, in others the pastor can handle it. I am unsure what if any changes in procedures for lack of form result from the recent changes to canon law made by Pope Francis (I don’t think they are in force yet).

The baptismal status of the person you married is not really relevant in the case of lack of form. If you did have a dispensation to marry an unbaptized person and to marry outside Catholic form, then that is another set of circumstances and then a tribunal nullity proceeding or a dissolution of the natural bond would be needed.

 

[Lormar]

I thought that if a Catholic married an unbaptized person and sought to get an annulment, they could invoke what is called the Pauline Privilege?

 

[His_helpmeet]

I thought that if a Catholic married an unbaptized person and sought to get an annulment, they could invoke what is called the Pauline Privilege?

Actually, they could invoke the Petrine Privilege. The Pauline Privilege only applies when neither party is Catholic. The Petrine Privilege (or Favour of the Faith) requires that one party be baptized, the other be non-baptized, AND the baptized party must not be responsible for the marriage breakdown.

In this case, if the OP did not receive dispensation to marry outside the Church, the marriage is not valid anyway. The Petrine and Pauline Privileges allow for the valid, non-sacramental marriage of two people to be dissolved by the marriage of the baptized party (if there is one) to a baptized person (in my admittedly somewhat limited understanding). I DO know for sure that there must be a valid, non-sacramental marriage for either of these to apply. In the case of a defect of form, the marriage isn’t valid. It’s a very simple thing to prove through documentation; there will not be a formal nullity trial in such cases.

 

[Johnny_Local]

I thought that if a Catholic married an unbaptized person and sought to get an annulment, they could invoke what is called the Pauline Privilege?

According to the Code of Canon Law:
Can. 1143 §1. A marriage entered into by two non-baptized persons is dissolved by means of the pauline privilege in favor of the faith of the party who has received baptism by the very fact that a new marriage is contracted by the same party, provided that the non-baptized party departs

So, it appears that pauline privlege does not apply if one person is already baptized at the time of marriage.

Here’s the link if you’re interested: vatican.va/archive/ENG1104/_P44.HTM

 

[1ke]

I thought that if a Catholic married an unbaptized person and sought to get an annulment, they could invoke what is called the Pauline Privilege?

The Pauline Privilege is not a decree of nullity. It is the dissolution of a valid natural bond between two unbaptized people. The dissolution of a valid natural bond involving one baptized and one unbaptized person is the Petrine Privilege. But, neither of these is a decree of nullity. The opposite, in fact, as it is a valid bond that is dissolved,

This does not apply to the OP, since lack of form is involved.