annulment question

[mlbioi49]

I am a practicing Catholic and have a valid annulment from the church. I have met a wonderful man (Baptist) who has been divorced twice. Both his marriages were performed by a Justice of the Peace. How is it that the Catholic Church recognizes his 2 marriages by a Justice of the Peace, however had I been married by a JOP they would not consider it valid. I’ve been told that he (the non-catholic) who has never been married except by a JOP has to apply for 2 annulments in the Catholic Church. Can anyone explain this to me; or better yet, tell me I’ve been misinformed.
Thanks, L

 

[dulcissima]

As a non-Catholic, he was not subject to the Catholic form of marriage. So, his marriage would be considered valid.

 

[1ke]

How is it that the Catholic Church recognizes his 2 marriages by a Justice of the Peace, however had I been married by a JOP they would not consider it valid.

You, as a Catholic, are bound by Canon Law which regulates the Sacrament of Marriage. He is not bound by Canon Law-- which specifies the form in which a Catholic must marry.

Baptists do not have a required form, if they did the Church would recognize that form and consider invalid any marriage that did not follow that form. The Orthodox, for example, have canonical requirements for form,

I’ve been told that he (the non-catholic) who has never been married except by a JOP has to apply for 2 annulments in the Catholic Church.

Yes, this is true. Both of his prior marriages would have to be examined to determine if either were valid. Remember, a decree of nullity is NOT guaranteed. He may very well be found to have a valid marriage.

The couple is the minister of the Sacrament to each other. If he had valid consent and intent, and there were no divine law impediments then he is validly married.

Can anyone explain this to me; or better yet, tell me I’ve been misinformed.
Thanks, L

No, you have not been misinformed.

I suggest you purchase the book Annulment: The Wedding That Was by Michael Smith Foster and read it through. It will give you an overview of the Church’s teaching on marriage and answer your questions regarding nullity.

 

[kage_ar]

Another suggestion - up at the very top right of this page is a link to “shop” - you can get Jimmy Akin’s booklet on Annulments.

 

[Liberanosamalo]

Word to the wise: It’s very important that he go through this process and maybe lead to some self-discovery, or if he is turned down for an annulment you are prevented from being wife #3 on the way to #4. Accept that this process is in YOUR best interest too.

 

[puzzleannie]

I am a practicing Catholic and have a valid annulment from the church. I have met a wonderful man (Baptist) who has been divorced twice. Both his marriages were performed by a Justice of the Peace. How is it that the Catholic Church recognizes his 2 marriages by a Justice of the Peace, however had I been married by a JOP they would not consider it valid. I’ve been told that he (the non-catholic) who has never been married except by a JOP has to apply for 2 annulments in the Catholic Church. Can anyone explain this to me; or better yet, tell me I’ve been misinformed.
Thanks, L

because you are Catholic and Catholics are bound by Catholic laws on marriage.

the alternative would be that the Catholic Church recognizes NO marriages between non-Catholics as valid, which surely is unacceptable.

 

[Bannerman_Kaye]

I am a practicing Catholic and have a valid annulment from the church. I have met a wonderful man (Baptist) who has been divorced twice. Both his marriages were performed by a Justice of the Peace. How is it that the Catholic Church recognizes his 2 marriages by a Justice of the Peace, however had I been married by a JOP they would not consider it valid. I’ve been told that he (the non-catholic) who has never been married except by a JOP has to apply for 2 annulments in the Catholic Church. Can anyone explain this to me; or better yet, tell me I’ve been misinformed.
Thanks, L

He does not have to apply for a decree of nullity in the Catholic church as he was never married in the Church. If you and he decide to get married he will have to have the ‘defects’ cleared up. The church will look to see (answer the question) if he, in effect, can be married in the church.

It would like to be sure his prior divorces were legal and without defect. You should talk to your pastor about this, just you and him. Then, bring your prospective spouse in to talk with your pastor all together.

It’s all practical. If you are of an age to have children the church will want both of you to promise you will raise them in the one true faith. To put it another way, the church cannot even grant him a decree of nullity (an annulment) because there is nothing to nullify.

When the church is looking to grant the cecree or not it is always good to keep in mind two facts. First, the church holds the position the Catholic marriage is valid. You, the petitioner mus show it is not. And you must show it was not valid from the beginning; not the end or during the marriage. It is how they started not how they ended that determines whether the decree is granted or awarded.

Hope this helps some. Peace B w/U

 

[cameron_lansing]

He does not have to apply for a decree of nullity in the Catholic church as he was never married in the Church. . . .

I’m a canon lawyer and work in a tribunal. This is not correct at all.

As noted before, non Catholics, excepting the Orthodox, can validly marry other non Catholics before a civil authority and are not required to marry in a religious ceremony.

Such marriages involving a non Catholic will need to be investigated by a Catholic tribunal, and it must be established that they were not valid before the non Catholic will be considered free to marry a Catholic validly.

 

[yessisan]

I’m a canon lawyer and work in a tribunal. This is not correct at all.

As noted before, non Catholics, excepting the Orthodox, can validly marry other non Catholics before a civil authority and are not required to marry in a religious ceremony.

Such marriages involving a non Catholic will need to be investigated by a Catholic tribunal, and it must be established that they were not valid before the non Catholic will be considered free to marry a Catholic validly.

I love it when you come to post!! Thanks to you I fixed my marriage!!! (thank you again for telling me about radical sanation!)

to the OP, I ditto what the PPs have said. You as a Catholic are bound by canon law. He is not Catholic, so his marriages might be valid (well, one or the other). Please do talk to a priest or try to contact the marriage tribunal or find a canon lawyer.

If you want to marry this person, it’ll be best if you are well informed before finding out close to the date of your wedding that you cannot marry him.

Oh, and I second the book “The Wedding That Was”. I got it for my mom (which reminds me, I gotta ask her if she did read it)…