Anulment confusion

[Nugsmum]

Apologies if I’ve posted this in the wrong place, I’m new to this site and having difficulty navigating it!

I’d like some advice on my situation. I am a practicing Catholic who married a divorced man 9 years ago. We had a civil marriage as we knew we could not marry in the Catholic Church due to him being divorced. However I still attend mass and am bringing up our two children as Catholics.

My husband now wants to convert to Catholicism, something which I am very happy about since I’ve been praying for it for a long time. After some research online we surmised that he could not enter RCIA without first getting his previous marriage annulled. ( He is a baptized Protestant who was married to another baptized Protestant in church)

We went to see my parish priest today and explained the situation, but he told us there is no need for an Anulment as the previous marriage was not in the Catholic Church. This is the opposite from everything I have read online, but he was insistent that the previous marriage was not recognized. He told us my husband can start RCIA in September and that we can be married in the Catholic Church early next year.

As much as I would like this to be true, I’m worried that he has made a mistake! What should we do now? I want to make sure we do things properly this time. Can anyone please advise me?

 

[Vico]

Apologies if I’ve posted this in the wrong place, I’m new to this site and having difficulty navigating it!

I’d like some advice on my situation. I am a practicing Catholic who married a divorced man 9 years ago. We had a civil marriage as we knew we could not marry in the Catholic Church due to him being divorced. However I still attend mass and am bringing up our two children as Catholics.

My husband now wants to convert to Catholicism, something which I am very happy about since I’ve been praying for it for a long time. After some research online we surmised that he could not enter RCIA without first getting his previous marriage annulled. ( He is a baptized Protestant who was married to another baptized Protestant in church)

We went to see my parish priest today and explained the situation, but he told us there is no need for an Anulment as the previous marriage was not in the Catholic Church. This is the opposite from everything I have read online, but he was insistent that the previous marriage was not recognized. He told us my husband can start RCIA in September and that we can be married in the Catholic Church early next year.

As much as I would like this to be true, I’m worried that he has made a mistake! What should we do now? I want to make sure we do things properly this time. Can anyone please advise me?

Catholic Answers has a post on this topic:

catholic.com/quickquestions/if-a-protestant-convert-to-catholicism-was-previously-married-outside-of-the-church-w

 

[PaulfromIowa]

Yes, I am afraid that the priest did make a mistake, unless there is something that we are not seeing here. The Catholic Church recognizes the validity of Protestant marriages.

Consult another priest. You may also be able to contact someone at your diocese’ Marriage Tribunal.

 

[1ke]

he told us there is no need for an Anulment as the previous marriage was not in the Catholic Church.

You are right. This is not correct information.

As much as I would like this to be true, I’m worried that he has made a mistake! What should we do now? I want to make sure we do things properly this time. Can anyone please advise me?

Contact the marriage tribunal at your diocese and tell them what you’ve told us. The tribunal contact information should be on your diocesan website, but you can call the main office and ask to speak to the Judicial Vicar or the Promoter of Justice at the diocese or just ask for the tribunal office.

 

[Nicene]

Apologies if I’ve posted this in the wrong place, I’m new to this site and having difficulty navigating it!

I’d like some advice on my situation. I am a practicing Catholic who married a divorced man 9 years ago. We had a civil marriage as we knew we could not marry in the Catholic Church due to him being divorced. However I still attend mass and am bringing up our two children as Catholics.

My husband now wants to convert to Catholicism, something which I am very happy about since I’ve been praying for it for a long time. After some research online we surmised that he could not enter RCIA without first getting his previous marriage annulled. ( He is a baptized Protestant who was married to another baptized Protestant in church)

We went to see my parish priest today and explained the situation, but he told us there is no need for an Anulment as the previous marriage was not in the Catholic Church. This is the opposite from everything I have read online, but he was insistent that the previous marriage was not recognized. He told us my husband can start RCIA in September and that we can be married in the Catholic Church early next year.

As much as I would like this to be true, I’m worried that he has made a mistake! What should we do now? I want to make sure we do things properly this time. Can anyone please advise me?

He is correct. Had your husband been catholic it would have been a different matter. You can actually read our similar situation in scripture, 1 Corinthians 7: 12-15. Their status at the time would be considered an unbeliever because they did not believe or understand what the church teaches on marriage.

Peace and God Bless
Nicene

 

[Nugsmum]

Thanks for the reply. I’m hesitant to consult another priest as I don’t know any, so would have to go to another parish. Shouldn’t the anulment process be conducted through my own parish priest? Also I’m concerned my parish priest might be offended if I consult someone else. I have a very good relationship with him and don’t want to jeopardize this.

I am so worried about all this and could not sleep last night. I just want to do the right thing but am in a very difficult position.

 

[TexCatholic4JMJ]

I think that what your priest told you is wrong. If an unbaptized person seeks to enter
the Catholic Church and had previously been married, then he would have the “Pauline
Privilege” and could enter the church. That may be what your priest is thinking, but
since your husband was baptized, that would not apply.

 

[tee_eff_em]

Is it possible that your husband was baptized in the Catholic Church as an infant, even if he might not have been raised in it (or fallen out soon after?)? Or (less likely to be known at tis stage) that your husband’s first wife had been baptized a Catholic, even if she did not practice that faith later on?

And ***even ***if one of those, or some other circumstance, is the case: I believe your consulting priest was imprudent – Your husband *may *not require a declaration of nullity, but his marriage will need be investigated by the Tribunal to determine such.

:twocents:
tee
Who Is Not A Canon Lawyer

 

[TexCatholic4JMJ]

Is it possible that your husband was baptized in the Catholic Church as an infant, even if he might not have been raised in it (or fallen out soon after?)? Or (less likely to be known at tis stage) that your husband’s first wife had been baptized a Catholic, even if she did not practice that faith later on?

And ***even ***if one of those, or some other circumstance, is the case: I believe your consulting priest was imprudent – Your husband *may *not require a declaration of nullity, but his marriage will need be investigated by the Tribunal to determine such.

:twocents:
tee
Who Is Not A Canon Lawyer

“The essential rite of Baptism consists in immersing the candidate in water or pouring water on his head, while pronouncing the invocation of the Most Holy Trinity: the Father, the Son and the Holy Spirit.” From the Catechism 1279
Other Christian Churches follow this and thus their baptisms are considered valid.

 

[1ke]

Also I’m concerned my parish priest might be offended if I consult someone else. I have a very good relationship with him and don’t want to jeopardize this.

Offended or not, you must bring it to his attention or the diocese. He cannot marry you without first determining freedom to marry. Your husband is not free to marry as he has a prior bond. That prior bond must be investigated.

I am so worried about all this and could not sleep last night. I just want to do the right thing but am in a very difficult position.

I’m sorry that you are losing sleep over this. If you have a good relationship with your priest, simply bring it up with him that you know that protestants marry validly when they marry each other and you need him to confer with the diocese on the matter of the investigation of your husband’s first marriage.

If your husband or his ex wife were baptized into the Catholic Church as children (regardless of where they later went to church or what church they associated themselves with) then they have a lack of form and indeed the marriage was not valid.

If they were validly baptized in protestant churches their marriage is presumed valid and a decree of nullity must be pursued.

If they were baptized in a church that the Catholic Church doesn’t recognize as having a valid baptism, then the Pauline or Petrine Privilege may be pursued.

If his ex wife had a prior marriage before marrying him, then he has a Ligamen case.

It really must be examined by the tribunal to determine all the facts. Approach your priest about it.

 

[1ke]

He is correct. Had your husband been catholic it would have been a different matter. You can actually read our similar situation in scripture, 1 Corinthians 7: 12-15. Their status at the time would be considered an unbeliever because they did not believe or understand what the church teaches on marriage.

Peace and God Bless
Nicene

This is not correct.

 

[1ke]

That may be what your priest is thinking.

But even the Pauline Privilege, when it applies, requires documentation of the baptismal status of BOTH parties, the marriage certificate, and the divorce decree. It requires both the husband and his ex wife complete paperwork.

So, even if that *was *what the priest was thinking, his statement that he can simply marry them without any investigation is flat out incorrect (going by the details provided).

 

[tee_eff_em]

“The essential rite of Baptism consists in immersing the candidate in water or pouring water on his head, while pronouncing the invocation of the Most Holy Trinity: the Father, the Son and the Holy Spirit.” From the Catechism 1279
Other Christian Churches follow this and thus their baptisms are considered valid.

Of course. We believe in **one baptism.

But:** If a baptism is perfomed in and recorded by a Catholic Church, then that baptized Catholic Christian is bound to follow Canon Law and the Catholic Form of Marriage (whether they are educated and informed of this obligation or not).

tee
Still Not A Canon Lawyer

 

[Nugsmum]

Thanks for all your (name removed by moderator)ut.

No, my husband definitely was not baptized Catholic and neither was his ex wife. They were both baptized and later married in the Church of Scotland, which is Protestant.

After we met and were considering marriage, we were told by a priest that we could not marry in the Catholic Church unless he got an Anulment of his first marriage. My husband was not willing to pursue that then as he had had a very acrimonious divorce and was sure his ex would oppose an Anulment. We were living in the UK at this point.

We are now living in the USA. Time has moved on and since he is now keen to become Catholic, we will pursue an Anulment. I believe the priest has to complete a form for the diocese with all our details, as he has asked us to provide both our baptismal certificates plus a copy of his divorce decree, so surely the diocese will not give permission for us to be married? I don’t think priests are allowed to just marry anyone without an investigation into the circumstances.

 

[TexCatholic4JMJ]

Of course. We believe in **one baptism.

But:** If a baptism is perfomed in and recorded by a Catholic Church, then that baptized Catholic Christian is bound to follow Canon Law and the Catholic Form of Marriage (whether they are educated and informed of this obligation or not).

tee
Still Not A Canon Lawyer

Just making a point that other Christian Churches have valid baptism. Of course, there would need to be documentation,

 

[tee_eff_em]

Just making a point that other Christian Churches have valid baptism. Of course, there would need to be documentation,

Yes. I don’t believe I implied anything about the validity of baptism.
But the circumstance of baptism does matter.

:tiphat:
tee
You Know What Goes Here, Right?

 

[1ke]

My husband was not willing to pursue that then as he had had a very acrimonious divorce and was sure his ex would oppose an Anulment. We were living in the UK at this point.

While his ex would be given the opportunity to participate, it is not required for a decree of nullity to move forward.

I believe the priest has to complete a form for the diocese with all our details, as he has asked us to provide both our baptismal certificates plus a copy of his divorce decree, so surely the diocese will not give permission for us to be married? I don’t think priests are allowed to just marry anyone without an investigation into the circumstances.

Don’t assume the paperwork is being submitted to the diocese. Ask questions.