Annulment needed or not?

[Dixie_D_Banks]

My exhusband and I were married in a Protestant church by a female Protestant minister several years ago. We have been divorced for several years as well. I am now Catholic, converting three years ago.

My question is this… Since I was a non-Catholic married to a non-Catholic in a Protestant church by a “female” Protestant minister, do I need an annulment if I wish to marry again? I mean, if the marriage was never valid to the Church how could it be disolved by the Church since the Church doesn’t recognize it as valid in the first place?

Thank you for any (name removed by moderator)ut.

 

[Timidity]

Dixie D Banks:

… do I need an annulment if I wish to marry again?

The Church assumes all marriages are valid until proven otherwise and will want to investigate the circumstances surrounding the previous marriage. Contant your pastor for specific advice and guidance as to where to go next.

 

[CARose]

In submitting to an annulment, you are acknowledging the Churches right to determine the validity of your previous marriage. It doesn’t matter that the ceremony was done by a female clergy or that neither party was a Catholic at the time they were married. The sacrament of marriage is conferred upon the couple by the couple themselves.

Once a marriage is joined, it cannot be torn apart, regardless of how it was originally contracted. But for a couple to be joined in a true marriage they need to meet the criteria left for us by Christ. They must intend to be joining for life, they must intend to be open to the possibility of having and raising children. They need to be free to marry. There may be other criteria I’m forgetting, but unless these are not met at the time that they are first married, the marriage is valid and permanent regardless of whether or not the non-Catholic couple are married in the Catholic Church. Catholics have the additional requirement of needing to be married in the Church.

CARose

 

[jjwilkman]

i’m not so sure about this. in my understanding, if they weren’t married in the catholic church, the weren’t married, thus why would they need an allullment?

 

[Joseph_Bilodeau]

jjwilkman:

i’m not so sure about this. in my understanding, if they weren’t married in the catholic church, the weren’t married, thus why would they need an allullment?

Persons who are not Catholic are not obliged to be married within the Catholic Church or according to a Catholic form of a Marriage ritual. If both non-Catholic persons were otherwise free to marry each other, the particular venue they chose for their wedding ceremony would not invalidate their marriage, and if both parties were Baptized at the time of their marriage, this would not nulify the Sacramental character of their marriage.

 

[revsafisher]

One of the key principles of the Codex iuris canonici (Code of Canon Law) of 1983 is that non-Catholics are not bound by merely ecclesiastical laws; they are, of course, bound by natural and divine positive law. Canon 11 states “legibus mere ecclesiasticis tenentur baptizati in Ecclesia catholica vel in eandem recepti…” (merely ecclesiastical laws bind those who were baptised in the catholic Church or received into it…)

Canon 1117 states that “…forma servanda est, si saltem alterutra pars matrimonium contrahentium in Ecclesia catholica baptizata vel in eandem recepta sit neque actu formali ab ea defecerit…” (the form [prescribed above] is to be observed if at least one of the parties contracting marriage was baptised into the Catholic Church or received into it…".

There are certain prerequisites for a valid marriage, and, additionally, for Catholics, form must be followed ( marry in the presence of an official designate of the Church or have a dispenation from this requirement).

For marriages solemnised since 27th November 1983 there is no question that marriages between two protestants must be examined as to their validity–there is a presumption of validity.

Accordingly, based on the information in this thread there is a requirement to undergo a procedure to see whether this marriage was valid or not. This is done through the marriage tribunal.

There are certain exceptions to this principle but they are rather exceptional!

If I can be of further help please feel free to e-mail me.

–
Rev. Fr. S. Fisher B.Sc., B.Th., M.C.L., J.C.L.

 

[Deacon_Ed]

Dixie D Banks:

My exhusband and I were married in a Protestant church by a female Protestant minister several years ago. We have been divorced for several years as well. I am now Catholic, converting three years ago.

My question is this… Since I was a non-Catholic married to a non-Catholic in a Protestant church by a “female” Protestant minister, do I need an annulment if I wish to marry again? I mean, if the marriage was never valid to the Church how could it be disolved by the Church since the Church doesn’t recognize it as valid in the first place?

Thank you for any (name removed by moderator)ut.

Fr. Fisher has provided the correct answer, but let me see if I can make it a littel clearer for you.

Catholics are bound to follow canonical form; that is, they must be married in a church before a bishop, priest or deacon unless they get a dispensation from their bishop.

Non-Catholics are not bound by canonical form and, therefore, their marriages are presumed valid assuming they are also legal. Thus, this marriage would need to be submitted to the Tribunal for evaluation to determine if, indeed, a valid marriage was established.

Deacon Ed