Eastern/Oriental Catholics and Annulments

[twf]

As the Catholic Church, unlike the Eastern Orthodox Churches, does not allow (nor believes possible) divorce in the case of sacramental marriages, how are annulments handled in the Eastern Catholic Churches? Does each eparchy have a marriage tribunal akin to those found in Latin dioceses?

 

[Fr_Ambrose]

As the Catholic Church, unlike the Eastern Orthodox Churches, does not allow (nor believes possible) divorce in the case of sacramental marriages,

I’ve always understood that the Catholic Church allows divorce for sacramental marriages.

Case in point… two married Methodists. One decides to convert to Catholicism and wishes to marry a Catholic. Rome will dissolve their sacramental marriage and allow a second sacramental marriage.

 

[Charlie_Zeaiter]

Hi twf,

It appears that you are confusing the Eastern Orthodox Church (who are in schism with the Pope) with the Eastern Catholic Church (who are in full communion with the Pope).

Amoungst the Eastern Catholics, an annulment still needs to be authorised by the Vatican (ie, Pope). :twocents:

I can’t offer much comment regarding the Orthodox.

 

[Hesychios]

Hi twf,

It appears that you are confusing the Eastern Orthodox Church (who are in schism with the Pope) with the Eastern Catholic Church (who are in full communion with the Pope).

I have read the OP and I don’t see any confusion at all.

 

[Dan-Man916]

I’ve always understood that the Catholic Church allows divorce for sacramental marriages.

Case in point… two married Methodists. One decides to convert to Catholicism and wishes to marry a Catholic. Rome will dissolve their sacramental marriage and allow a second sacramental marriage.

Father, where did you hear this? Obviously, each case is unique and needs to be looked at on it’s own, but in the RCC, two baptized persons who marry who are not Catholic, are considered to have a sacramental marriage, that needs a decree of nullity before the person could remarry, even if they converted after being married.

 

[Dan-Man916]

to my knowledge, Rome doesn’t authorize decrees of nullity except in very narrow circumstances. This typically falls under the jurisdiction of the local ordinary.
Gosh, can you imagine if the pope had to review every single application for a decre of nullity from Catholics around the world.
The number from America alone, each year would be staggering.

 

[Fr_Ambrose]

Father, where did you hear this? Obviously, each case is unique and needs to be looked at on it’s own, but in the RCC, two baptized persons who marry who are not Catholic, are considered to have a sacramental marriage, that needs a decree of nullity before the person could remarry, even if they converted after being married.

By virtue of his petrine authority the Pope has power to grant a divorce to a non-Catholic Christian in a sacramental marriage with another non-Catholic Christian if the non-Catholic wants to convert to Catholicism and marry a Catholic.

 

[twf]

Father: I think that only applies if one of the parties is not baptized, and thus the marriage is only natural and not sacramental.

 

[Fr_Ambrose]

Father: I think that only applies if one of the parties is not baptized, and thus the marriage is only natural and not sacramental.

In that case why would the Pope be involved at all? Does he provide divorces for natural marriages?

 

[Charlie_Zeaiter]

I have read the OP and I don’t see any confusion at all.

Oh, OK. I guess the reference to “Easter Orthodox Church” in the OP threw me off. I guess in the context of the OP, there is no need to reference “Orthdox”.

Anyway… I still stand by the rest of my post…

… Amoungst the Eastern Catholics, an annulment still needs to be authorised by the Vatican (ie, Pope). :twocents: …

 

[deaconjim]

In that case why would the Pope be involved at all? Does he provide divorces for natural marriages?

The Catholic is granted a dispensation to marry an unbaptized person. They enter into a valid but not sacramental marriage. The Catholic cannot simply, on his own whim, dump his or her spouse to enter into a new marriage with the blessing of the church. So the valid but not sacramental marriage must be dissolved.
The Petrine privilege is the dissolution of a legitimate marriage of a baptized party with an unbaptized person granted by the Pope in favor of the faith.

 

[Fr_Ambrose]

The Catholic is granted a dispensation to marry an unbaptized person. They enter into a valid but not sacramental marriage. The Catholic cannot simply, on his own whim, dump his or her spouse to enter into a new marriage with the blessing of the church. So the valid but not sacramental marriage must be dissolved.
The Petrine privilege is the dissolution of a legitimate marriage of a baptized party with an unbaptized person granted by the Pope in favor of the faith.

So this means

1. that the Pope will grant a divorce to a Catholic who wants to divorce a non-Christian husband or wife and contract a second marriage but this time to a Catholic.
2. he will grant a divorce to a non-Christian married to a Catholic if the non-Christian wants to become Catholic and marry another Catholic. (Why is the non-Christian who is turning Catholic not obligated to retain his already Catholic spouse?)

Petrine Privilege
(Favor of the Faith)
The implementation of this procedure is reserved to The Pope. It involves the circumstance where one of the parties in the marriage is unbaptized and the other is baptized. Either party wants to become Catholic or wants to marry a Catholic. This marriage can be dissolved, permitting the person to become Catholic or to marry a Catholic. Thus, the Pope may act in favor of the Christian faith.

Another example may be that a Methodist lady who is married to an unbaptized man falls in love with a Catholic man. The Pope may dissolve the marriage of the Methodist to facilitate her marriage to the Catholic man This is done *in favor of the faith *of her Catholic fiancé."

lcdiocese.org/Annulments/favor.htm

 

[mardukm]

So this means

1. that the Pope will grant a divorce to a Catholic who wants to divorce a non-Christian husband or wife and contract a second marriage but this time to a Catholic.
2. he will grant a divorce to a non-Christian married to a Catholic if the non-Christian wants to become Catholic and marry another Catholic. (Why is the non-Christian who is turning Catholic not obligated to retain his already Catholic spouse?)

Not exactly. the Petrine marriage is required for the first.

The second can only be granted by annulment.

But if the non-Christian was married to a NON-Catholic, THEN the Petrine privilege is required so either one may be free to marry a Catholic or become Catholic.

In any case, the Petrine privilege is simply a special case of the Pauline privilege, so has biblical warrant (both are generally cases “in favor of the faith”).

Humbly,
Marduk

 

[mardukm]

Hi twf,

It appears that you are confusing the Eastern Orthodox Church (who are in schism with the Pope) with the Eastern Catholic Church (who are in full communion with the Pope).

Amoungst the Eastern Catholics, an annulment still needs to be authorised by the Vatican (ie, Pope). :twocents:

I can’t offer much comment regarding the Orthodox.

Annulments are actually obtained through the authority of the local ordinary, not the Pope. Papal oversight is only required for special cases, mostly, but not limited to, the Petrine privilege. All bishops have the power to grant the Pauline privilege.

Blessings,
Marduk

 

[mardukm]

Dear brother twf

As the Catholic Church, unlike the Eastern Orthodox Churches, does not allow (nor believes possible) divorce in the case of sacramental marriages, how are annulments handled in the Eastern Catholic Churches? Does each eparchy have a marriage tribunal akin to those found in Latin dioceses?

Annulments are also utilized in the Coptic Orthodox Church, with the basically the same process of discovery. It is preferable to divorce which is abhorred. The proceedings take place in Personal Status Courts, instead of Tribunals.

Blessings,
Marduk

 

[Isa_Almisry]

So this means

1. that the Pope will grant a divorce to a Catholic who wants to divorce a non-Christian husband or wife and contract a second marriage but this time to a Catholic.
2. he will grant a divorce to a non-Christian married to a Catholic if the non-Christian wants to become Catholic and marry another Catholic. (Why is the non-Christian who is turning Catholic not obligated to retain his already Catholic spouse?)

Petrine Privilege
(Favor of the Faith)
The implementation of this procedure is reserved to The Pope. It involves the circumstance where one of the parties in the marriage is unbaptized and the other is baptized. Either party wants to become Catholic or wants to marry a Catholic. This marriage can be dissolved, permitting the person to become Catholic or to marry a Catholic. Thus, the Pope may act in favor of the Christian faith.

Another example may be that a Methodist lady who is married to an unbaptized man falls in love with a Catholic man. The Pope may dissolve the marriage of the Methodist to facilitate her marriage to the Catholic man This is done *in favor of the faith *of her Catholic fiancé."

lcdiocese.org/Annulments/favor.htm

I submit that the Orthodox, Bibilically based and Tradition sanctioned practice of marrying only the baptized solves these problems/situations.

 

[bobzills]

As the Catholic Church, unlike the Eastern Orthodox Churches, does not allow (nor believes possible) divorce in the case of sacramental marriages, how are annulments handled in the Eastern Catholic Churches? Does each eparchy have a marriage tribunal akin to those found in Latin dioceses?

I think that the Eastern Catholic Churches have an annulment procedure similar to the Roman Catholic Churches.
I don’t know whether or not the marriage in the Eastern Catholic Church is said to be performed by the priest or if the priest is only a witness and the marriage is perfomed by the partners as it is in the Roman Catholic Church.
One other question might be concerning the marriage which takes place in a Western rite Orthodox Church. Does it take place by the authority of the priest, or is the priest just a witness as is the case in the Roman Catholic marriage?

 

[Isa_Almisry]

I think that the Eastern Catholic Churches have an annulment procedure similar to the Roman Catholic Churches.
I don’t know whether or not the marriage in the Eastern Catholic Church is said to be performed by the priest or if the priest is only a witness and the marriage is perfomed by the partners as it is in the Roman Catholic Church.
One other question might be concerning the marriage which takes place in a Western rite Orthodox Church. Does it take place by the authority of the priest, or is the priest just a witness as is the case in the Roman Catholic marriage?

As the WRO do not have the uniate exceptions to their Church’s theology, etc. it is the priest. He says “I join thee in Holy Matrimony. In the Name of the Father, (+) and the Son, and of the Holy Spirit. Amen” having wrapped his stole around their joined hands.

 

[bobzills]

As the WRO do not have the uniate exceptions to their Church’s theology, etc. it is the priest. He says “I join thee in Holy Matrimony. In the Name of the Father, (+) and the Son, and of the Holy Spirit. Amen” having wrapped his stole around their joined hands.

If the Eastern Catholic Churches follow the Eastern Orthodox Church in having the priest join the two in Holy Matrimony, then it seems that they do not have a good argument in favor of the Latin annulment process based on defective consent of one of the two partners.

 

[ForeverAdam]

If the Eastern Catholic Churches follow the Eastern Orthodox Church in having the priest join the two in Holy Matrimony, then it seems that they do not have a good argument in favor of the Latin annulment process based on defective consent of one of the two partners.

That’s a good point. The defective intention would have to be present in the priest - an admission which would place all his other priestly actions in doubt. I think that Eastern Catholics, since they want to share the faith of Roman Catholicism, should adhere to her doctrine regarding the minister of Holy Matrimony.

God bless,

Adam