Annulment question - Catholics married in a Prot church

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My scenario: When Catholics who were married in a protestant church get divorced, do they need an annulment to then remarry within the Catholic church?

Make sense?
 
Did they make a covenant with God to “Love, Honor, and Obey til do us part?”.

If yes, then yes they do.

NotWorthy
 
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jrabs:
My scenario: When Catholics who were married in a protestant church get divorced, do they need an annulment to then remarry within the Catholic church?

Make sense?
If there is an attempted marriage followed by a divorce then the Church must examine the attempted marriage (regardless of where it took place) to see if it was valid. This may be as simple as a documentary case (called “lack of form”) where a Catholic marries in a Protestant church without a dispensation to do so. If this happens, the marriage is invalid because canonical form wasn’t followed. If, on the other hand, the Catholic party had a dispensation then this would be a “formal case.” Regardless of the reason, the Church must declare all prior marriages null before a marriage in the Church can take place.

Deacon Ed
 
Oops! I guess I have been wrong all these years.

**What is a church annulment?
**A Church Annulment is a declaration from the Catholic Church in a particular Diocese that a specific union, presumably begun in good faith, and thought by all to be a marriage, was, in fact, not a true union according to the teachings of the Catholic Church.
Each and every marriage (Catholic, Protestant, Jewish, non-believer, etc.) is presumed to be a true marriage. The good of all concerned demands this presumption.

Reasons for an annulment
The purpose of the annulment procedure is to serve one’s conscience and spirit and to reconcile persons to full sacramental participation in the community of the church.

I thought I had one over all non-Catholic marrieds. :o
 
Deacon Ed is correct in general…

A “lack of form” marriage does not enjoy the presumption of validity. The freedom of the parties can even be established through the prenuptial investigation according to an authentic interpretation of the code.

Technically, this is not an annulment.

While it is investigated through documents, it is not the documentary process mentioned beginning at canon 1686.

The law there refers to lack of legitimate form (and two other situations). An example of a lack of legitimate form would be in what appears to be a valid Catholic wedding, but the priest lacked authorization or delegation. Such a defect of legitimate form is different from the situation in which there is no appearance at all of canonical form.

In practice most dioceses require an investigation by a curial office or tribunal to be safe, since there are exceptions and exemptions from the canonical form of marriage for Latin Catholics.
 
Thanks all - great answers! I appreciate the time you have spent in posting.
 
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