Decree of Nullity and Holy Orders

[whosebob]

If a man was married in the Church, is civilly divorced from his wife, is granted a decree of nullity and is later ordained to priesthood, is he “eligible” under canon law to be consecrated a bishop?

What if the previous marriage was not sacramental, that is either it was not valid and so not sacramental (he was Catholic and married outside the Church and without an indult), or it was valid but not sacramental (he was married with permission from the local ordinary to an unbaptized woman)?

Thanks for your insights.

In the Hearts of Jesus and Mary.

 

[tee_eff_em]

whosebob:

If a man was married in the Church, is civilly divorced from his wife, is granted a decree of nullity and is later ordained to priesthood, is he “eligible” under canon law to be consecrated a bishop?

I see nothing in Canon 378 to objectively suggest that he is not.

whosebob:

What if the previous marriage was not sacramental, that is either it was not valid and so not sacramental (he was Catholic and married outside the Church and without an indult), or it was valid but not sacramental (he was married with permission from the local ordinary to an unbaptized woman)?

That might indicate something subjectively about the gentleman’s wisdom, prudence, or other qualification – But outside a specific case I couldn’t possibly speculate.

[PS. tee_eff_em is NOT a canon lawyer]

 

[Sunniva]

Hi,

The priest in my parish was prior to his calling to priesthood divorced and later on got a Decree of Nullity. His marriage was officiated by a Catholic priest in a Catholic church and was considered to be sacramental.

When God called him to priesthood his previous marriage and divorce was not considered an obstacle when entering the Seminary.

A decree of Nullity say that a valid marriage never existed so one is considered to be single.

***Sunniva ***

 

[Catholic2003]

Here is the only rule from canon law that I could find that discusses previous marriage and ordination:

Can. 1041 The following persons are irregular for the reception of orders:

…

3° one who has attempted marriage, even a civil marriage, either while himself prevented from entering marriage whether by an existing marriage bond or by a sacred order or by a public and perpetual vow of chastity, or with a woman who is validly married or is obliged by the same vow;

 

[Sunniva]

Hi,

The priest in my parish was prior to his calling to priesthood divorced and later on got a Decree of Nullity. His marriage was officiated by a Catholic priest in a Catholic church and was considered to be sacramental.

When God called him to priesthood his previous marriage and divorce was not considered an obstacle when entering the Seminary.

A decree of Nullity say that a valid marriage never existed so one is considered to be single.

***Sunniva ***

 

[Diaconia]

A decree of nullity is a definitive statement that the marriage never existed, although it might have appeared to be valid.

Such a man is free to seek holy orders, and would be free to be consecrated a bishop as well.

Since so few priests actually ever become bishops, this is not terribly likely to happen.

A woman that received an annullment would also be free to join a religious order, as well.

Finally, either a man or woman whose spouse dies, if there children were grown up and out on their own could also seek holy orders or consecrated life, respectively.

In the peace of the One who walked among us as servant of all,

Chris
PS: Whenever thinking about nullity, it is good to remember that a decree of nullity is a statement about the bond of matrimony at the time of the wedding.

Consider, even if a devout couple were married 50 years, by the Pope, and had 12 kids and 50 grandkids it doesn’t matter. . . if, at the time of the wedding something was lacking for a sacramental marriage, that it did not occur, plain and simple.

 

[Maria-Pia]

Whenever thinking about nullity, it is good to remember that a decree of nullity is a statement about the bond of matrimony at the time of the wedding.

Consider, even if a devout couple were married 50 years, by the Pope, and had 12 kids and 50 grandkids it doesn’t matter. . . if, at the time of the wedding something was lacking for a sacramental marriage, that it did not occur, plain and simple.

Chris - you have summed up in two sentences what I have been trying to communicate to a dear friend who totally misunderstands what a decree of nullity is. Thankyou, thankyou, thankyou!!!

 

[whosebob]

Diaconia:

A decree of nullity is a definitive statement that the marriage never existed, although it might have appeared to be valid.

Such a man is free to seek holy orders, and would be free to be consecrated a bishop as well.

Yes, but . . . there are a growing number of religious orders and priestly societies that will not admit men as candidates to the priesthood if they have been married before and even though the received a decree of nullity. Now, that is a matter of policy, but it can get written into their constitutions so as to be a very formal policy.

So, my thought was that perhaps there might be a canon law or some other regulation that does not permit a priest whose marriage was declared null to be consecrated a bishop.

In the Eastern Churches, a priest who was/is married is never eligible to be consecrated a bishop, even if is his wife is deceased (I might be wrong on this but I’m pretty sure).

I thought that maybe there is a stipulation to the same effect for Western bishops even though, because of mandatory celibacy (which I think is a good thing, by the way), it would only apply to those priests whose marriages were declared null following a civil divorce prior to their oridination. Or maybe not – can a married Anglican priest who converts to the Catholic Church (and is ordained and stays active in his priestly ministry) be consecrated a bishop if (a) his wife dies, or (b) they divorce and his marriage is declared null? I know that he cannot be ordained a bishop while his wife is living.

Thanks for your help and insights, everybody!

In the Hearts of Jesus and Mary.