Annulments for non-Catholics

[katherine5]

Hello
I am considering marriage to a devout Protestant. He is not planning on converting to Catholicism now, but does attend church with me and is definitely not Anti-Catholic. I was born Catholic, but did not get married correctly in the Catholic church so my annulment was a brief process called “lack of form”. I had assumed he also would be able to do the “lack of form” process, but now after talking to my parish priest have found because his marriage was a valid Christian marriage, he needs to go through the whole annulment process that will likely take up to 9 months. This confuses me why he would have to go through the whole process when he also wasn’t married in the Catholic church. I guess they still recognize his marriage as valid, and mine wasn’t. I assume my priest knows what he is talking about, but maybe was just looking for a second opinion??? Does anyone understand how the canon law applies to protestant marriages and has anyone shared this experience.

Thanks
Katherine

 

[Phemie]

Only Catholics need to be married according to the Catholic Church’s rules. Non-Catholics are presumed to be validly married, either in sacramental marriages if they are both baptized or in natural marriages if one or both are unbaptized.

Since the Church considers your fiancé still validly married to his ex-wife, he needs to petition for a decree of nullity. There is no guarantee that they will find that his marriage was invalid so be prepared for that eventuality.

 

[Br.Rich_SFO]

Hello
I am considering marriage to a devout Protestant. He is not planning on converting to Catholicism now, but does attend church with me and is definitely not Anti-Catholic. I was born Catholic, but did not get married correctly in the Catholic church so my annulment was a brief process called “lack of form”. I had assumed he also would be able to do the “lack of form” process, but now after talking to my parish priest have found because his marriage was a valid Christian marriage, he needs to go through the whole annulment process that will likely take up to 9 months. This confuses me why he would have to go through the whole process when he also wasn’t married in the Catholic church. I guess they still recognize his marriage as valid, and mine wasn’t. I assume my priest knows what he is talking about, but maybe was just looking for a second opinion??? Does anyone understand how the canon law applies to protestant marriages and has anyone shared this experience.

Thanks
Katherine

The problem with “Protestant lack of form” is that most times they don’t have any particular form, or it very wide. Many Protestant churches accept as valid all marriages performed at the courthouse, without any involvement of their Pastor or Community.

You should not be dating someone who is, in the eyes of the Church possibly still married to someone else.

The Tribunal will look at his prior marriage from a Divine standpoint as well as from the rules of his Protestant denomination to determine if it was valid or not.

 

[PhilotheaZ]

You should not be dating someone who is, in the eyes of the Church possibly still married to someone else.

That’s right. Until (and if) a declaration of nullity is received, he is assumed to be married. It is not right to date a man who is married to someone else. Try to back off the romantic aspects of the relationship until the annulment process is complete. Then you will know whether he will ever be free to marry.

 

[SMHW]

I know that Catholics are bound to the Catholic form of marriage (and need to get a dispensation before they can validly marry under another form). And I know that non-Catholics are not bound to the Catholic form.

My questions are:

1. 
   *]What, if any, forms *are *non-Catholics bound to follow?
   *]What is the means of any such bondage to a form? (baptism?)
   *]Does the Catholic Church actually actually investigate this when trying to determine if the prior marriage of a non-Catholic is valid?
   This raises some additional questions in the case of the Orthodox but I won’t ask them just yet…

 

[Ilroy]

Non-Catholics are bound to the form that their church dictates. As far as I know, most non-Catholic Christian churches don’t have any form requirements, but some might have.
In the investigation of marriage, the tribunal will determine if the church in question has any required form for marriage, and if so, will investigate as to whether the form was followed.

 

[1ke]

What, if any, forms *are *non-Catholics bound to follow?

Any form their own denomination places upon them as a requirement.

What is the means of any such bondage to a form? (baptism?)

The means would be specific to that religion.

Does the Catholic Church actually actually investigate this when trying to determine if the prior marriage of a non-Catholic is valid?

Yes.

I believe Deacon Cameron (a tribunal canon lawyer who posts on here) has answered this question as it relates to a member of one of the Orthodox Churches several times in the past.

This raises some additional questions in the case of the Orthodox but I won’t ask them just yet…

Yes. Orthodox do have form for marriage as required in their canon law. They must be married in the Orthodox Church by an Orthodox priest or it is NOT a valid marriage.

The Catholic Church recognizes the requirements of form in the Orthodox Church.

 

[cameron_lansing]

The canonical reference is the requirement that marital consent be legitimately manifested (c. 1057). The requirements for valid form are treated in the instruction on marriage cases, Dignitas connubi, in some of the beginning paragraphs. If you obtain a copy, you can review this at greater length. I summarize only.

1. What, if any, forms *are *non-Catholics bound to follow?

When marrying among themselves, baptized non Catholics are bound to the form stipulated by their own religious laws regarding the form of marriage if they have such laws.

The Orthodox and Oriental Orthodox Churches (non Catholic Eastern Churches) require for validity a sacred rite over which one of their priests presides.

The ecclesial communities of the Reformation (and other later non Catholic Christian denominations) do not have any such religious laws regarding the form of marriage for validity as a rule.

Non Christian religions, such as the Muslims and Hindus, generally do not either. There are exceptions especially outside the U.S.

If there is no applicable religious law, then the civil law in the jurisdiction sets the form needed for validity. This can be complex.

1. What is the means of any such bondage to a form? (baptism?)

Yes. Although reception of a baptized non Catholic into a non Catholic Eastern Church would also subject the person.

Other Christian ecclesial communities admit persons to membership without baptism, but again, they lack religious laws regarding a valid form of marriage.

Non Christian religions have various means by which a person becomes subject to their religious laws. It is rare that any of them have religious laws regarding the validity of form.

1. Does the Catholic Church actually actually investigate this when trying to determine if the prior marriage of a non-Catholic is valid?

Yes if there appears to be a need to do so, based on the circumstances. Something has to raise the issue.

In particular, tribunals do declare the invalidity of marriage for lack of sacred rite in the case of non Catholic Easterns.

 

[SMHW]

Thanks. I know that the Orthodox and Eastern Churches are bound to their forms.

I was particularly interested in protestants, non-denominational Christians, and non-Christians. And you’ve answered that.

 

[Br.Rich_SFO]

The problem with “Protestant lack of form” is that most times they don’t have any particular form, or it very wide. Many Protestant churches accept as valid all marriages performed at the courthouse, without any involvement of their Pastor or Community.

You should not be dating someone who is, in the eyes of the Church possibly still married to someone else.

The Tribunal will look at his prior marriage from a Divine standpoint as well as from the rules of his Protestant denomination to determine if it was valid or not.

That should say: “The Tribunal will look at his prior marriage from a Divine Law standpoint as well as from the rules of his Protestant denomination to determine if it was valid or not.”

 

[Seatuck]

Hello
I am considering marriage to a devout Protestant. He is not planning on converting to Catholicism now, but does attend church with me and is definitely not Anti-Catholic. I was born Catholic, but did not get married correctly in the Catholic church so my annulment was a brief process called “lack of form”. I had assumed he also would be able to do the “lack of form” process, but now after talking to my parish priest have found because his marriage was a valid Christian marriage, he needs to go through the whole annulment process that will likely take up to 9 months. This confuses me why he would have to go through the whole process when he also wasn’t married in the Catholic church. I guess they still recognize his marriage as valid, and mine wasn’t. I assume my priest knows what he is talking about, but maybe was just looking for a second opinion??? Does anyone understand how the canon law applies to protestant marriages and has anyone shared this experience.

Thanks
Katherine

The church respects your husband’s right to contract a marriage based on his custom. He did so. Now we must presume his prior marriage to be valid until proven otherwise.