Could a non-Catholic couple go through the annulment process?

[neophyte]

In response to an obvious first question, let’s suppose that they were both married previously, have both been civilly divorced and REALLY want the groom’s Catholic friend to be the best man. Or whatever supposition is required to prevent questions about why they’d want to, why don’t they become Catholic if they recognize the authority of the Bishop, etc, etc.

Is there any reason in Church law why a marriage tribunal couldn’t hear their cases?

 

[puzzleannie]

yes the tribunal will investigate, upon request the prior marriage of a non-Catholic who now wishes to marry a Catholic, or was formerly married to a Catholic and for whatever reason wants a judgment from the Catholic Church on the validity of the marriage. I cannot think what that might be other than trying to marry a Catholic. Who their best man is going to be is irrelevant and I cannot imagine any couple contemplating marriage who is going to make plans based on what he wants.

 

[Jack_Bauer]

It would be great if more Protestants or otherwise would use this service. It could really help a lot of people through tough times and discernment.

 

[1ke]

The Tribunal will typically not take the case unless they are becoming Catholic or desire to marry a Catholic or were previously married to a Catholic. The Tribunal has plenty of cases within their jurisdiction already to deal with.

And, to have a Catholic best man is not a realistic reason to pursue a nullity case.

But they can certainly ask.

 

[neophyte]

The Tribunal will typically not take the case unless they are becoming Catholic or desire to marry a Catholic or were previously married to a Catholic. The Tribunal has plenty of cases within their jurisdiction already to deal with.

That’s about scheduling and workload. What I’m wondering if, in principle, a non-Catholic couple could go through the process.

And, to have a Catholic best man is not a realistic reason to pursue a nullity case.

So make up a reason you like.

 

[Catholic1954]

Yes. In theory the tribunal can investigate any marriage, upon request of the parties involved. However, the outcome would be meaningless unless there was at least one Catholic.

 

[FAB]

In response to an obvious first question, let’s suppose that they were both married previously, have both been civilly divorced and REALLY want the groom’s Catholic friend to be the best man. Or whatever supposition is required to prevent questions about why they’d want to, why don’t they become Catholic if they recognize the authority of the Bishop, etc, etc.

Is there any reason in Church law why a marriage tribunal couldn’t hear their cases?

To be able to answer.
Was the previous marriage in the Catholic faith another Catholic faith?
Are one or both of the parties Catholic?

If the prevuous marriage was in a Catholic Church, and one or the other is catholic, then yes an annument must be done, even for the none Catholic.
If the marrage is non-Catholic of a different Christian faith, and the non-catholic is seeking to marry a Catholic., the marraige of the non-Catholic Christian must be annulled.
If they are both none-Catholic Christians there would be no reason for the tribunal to look at the case.
There are any number of combinations to these situations, If they are to married in the Church they need to have marriage prep by a deacon or preist who would need to sort it all out.
Not certain what the best man has to do with it.

 

[neophyte]

To be able to answer.
Was the previous marriage in the Catholic faith another Catholic faith?
Are one or both of the parties Catholic?..

I described all of this in the OP.

Simple question: is it possible, in principle, for a non-Catholic couple to go through the annulment process.

So far there’s one yes.

 

[FAB]

I described all of this in the OP.

Simple question: is it possible, in principle, for a non-Catholic couple to go through the annulment process.

So far there’s one yes.

The only time a non catholic christian person would go through the annulment process is if they were married in a christian denomination, divorced and now want to remarry a Catholic person in the church.

other wise the answer would be no.

 

[neophyte]

The only time a non catholic christian person would go through the annulment process is if they were married in a christian denomination, divorced and now want to remarry a Catholic person in the church.

other wise the answer would be no.

That sounds like a description of what usually happens, but what’s not clear to me is whether or not there’s actually a prohibition on a non-Catholic couple going through the process.

As far as I can tell, the relevant portions of canon law speak of baptized and non-baptized persons. This is different from the portions that deal with confession, which refer to “the Christian faithful”. It seems to me that the connotation is significantly different.

 

[dans0622]

That sounds like a description of what usually happens, but what’s not clear to me is whether or not there’s actually a prohibition on a non-Catholic couple going through the process.

As far as I can tell, the relevant portions of canon law speak of baptized and non-baptized persons. This is different from the portions that deal with confession, which refer to “the Christian faithful”. It seems to me that the connotation is significantly different.

Hello neophyte,

I’m not sure what your point is in the second paragraph. “Christian faithful” in the Code of Canon Law should be understood to mean (Latin) Catholics–I don’t know if that is clear to you.

Regarding your question, if it is necessary to determine the marital status (as far as the Catholic Church is concerned) of anyone, Catholic or not, then the marriage can be examined by a tribunal. “Necessity” would be determined, ultimately, by the Judicial Vicar or Judge assigned to the case. From Dignitas connubii: "Art. 3 – § 1. The matrimonial causes of the baptized pertain by right to the ecclesiastical judge (can. 1671).

§ 2. However, an ecclesiastical judge hears only those causes of the nullity of marriage of non-Catholics, whether baptized or unbaptized, in which it is necessary to establish the free state of at least one party before the Catholic Church…"

Thanks for your time.
Dan

 

[mamaslo]

yes the tribunal will investigate, upon request the prior marriage of a non-Catholic who now wishes to marry a Catholic, or was formerly married to a Catholic and for whatever reason wants a judgment from the Catholic Church on the validity of the marriage. I cannot think what that might be other than trying to marry a Catholic. Who their best man is going to be is irrelevant and I cannot imagine any couple contemplating marriage who is going to make plans based on what he wants.

I asked this question too…minus the best man stuff.

What if a protestant person who is divorced and hadn’t met someone else to marry thought he should investigate via tribunal in the Catholic Church could he?

(The odds would be he wouldn’t be interested in knowing but we have very interesting people in this world and he may see this as a wise thing to do.)

 

[Claire_from_DE]

I think the answer would be yes in principle, but no in practice. Because, in the absence of real need, it would be a frivolous use of the church’s limited resources.

 

[neophyte]

Hello neophyte,

I’m not sure what your point is in the second paragraph. “Christian faithful” in the Code of Canon Law should be understood to mean (Latin) Catholics–I don’t know if that is clear to you.

that’s exactly what my point was: baptized persons would refer to any Christian, while catholic faithful would refer to catholics only.

Regarding your question, if it is necessary to determine the marital status (as far as the Catholic Church is concerned) of anyone, Catholic or not, then the marriage can be examined by a tribunal. “Necessity” would be determined, ultimately, by the Judicial Vicar or Judge assigned to the case. From Dignitas connubii: "Art. 3 – § 1. The matrimonial causes of the baptized pertain by right to the ecclesiastical judge (can. 1671).

§ 2. However, an ecclesiastical judge hears only those causes of the nullity of marriage of non-Catholics, whether baptized or unbaptized, in which it is necessary to establish the free state of at least one party before the Catholic Church…"

sure sounds like a no to me. Thanks.