I'm becoming Catholic, wife is Orthodox.. marriage question

[iammarshallarts]

Hello, and I hope this is the correct forum! I am in the process of converting to Catholicism from Orthodoxy (Wife and kids are Orthodox still though). I was baptized Catholic as a child, and Re-Baptized and chrismated and had our Marriage blessed in the Orthodox Church…

My question is, the Priest at our parish wishes to Convalidate our marriage in the Catholic church after I am received in…I’m not sure though that it is necessary. What can I do in this situation and what should I now?

Any help would be huge for us! Thank you and God Bless

 

[ChrisRedfield47]

Ill let other brothers/sisters address this question better than myself, but I do want to say

Welcome home dear brother!

 

[Castello]

Were either of you

Married before to other living people

Baptized Catholic

If the answer is NO to both, then there would be no need for convalidation. If the answer to either is YES, then, yes, there will be more steps.

 

[iammarshallarts]

Were either of you

Married before to other living people

Baptized Catholic

If the answer is NO to both, then there would be no need for convalidation. If the answer to either is YES, then, yes, there will be more steps.

Neither of us were married before, but I was baptized as an infant Catholic…but never attended after that.

 

[ConstantineTG]

If you’re leaving Catholicism for Orthodoxy, why the convalidation? Orthodox marriages are valid in the eyes of the Catholic Church, but of course there’s that issue that you still need permission to get married in the Orthodox Church for the Catholic Church to recognize it because you are still Catholic. But if you are converting into Orthodoxy, why worry about it?

 

[ValPal]

Generally, if you were married in an Orthodox Catholic Church with valid sacraments, your marriage is valid and sacramental. That means you cannot have a convalidation. I’m assuming that both of you were baptized and raised in the Orthodox Catholic Church.

With that said, these questions are impossible to answer definitively because the devil is always in the details. I recommend asking the priest why the convalidation is necessary, specifically why he considers the marriage invalid.

 

[iammarshallarts]

If you’re leaving Catholicism for Orthodoxy, why the convalidation? Orthodox marriages are valid in the eyes of the Catholic Church, but of course there’s that issue that you still need permission to get married in the Orthodox Church for the Catholic Church to recognize it because you are still Catholic. But if you are converting into Orthodoxy, why worry about it?

Hmm…I should have been clearer…I was Orthodox and am converting Catholicism…we were in the Orthodox church together before. She is still there and I am in RCIA.

 

[iammarshallarts]

Generally, if you were married in an Orthodox Catholic Church with valid sacraments, your marriage is valid and sacramental. That means you cannot have a convalidation. I’m assuming that both of you were baptized and raised in the Orthodox Catholic Church.

With that said, these questions are impossible to answer definitively because the devil is always in the details. I recommend asking the priest why the convalidation is necessary, specifically why he considers the marriage invalid.

This is what I was reading online, but I wasnt sure how to approach him. Im not sure he has dealt with a situation like this before haha

 

[ConstantineTG]

Hmm…I should have been clearer…I was Orthodox and am converting Catholicism…we were in the Orthodox church together before. She is still there and I am in RCIA.

Oops, I misread your post, sorry

Um yeah, I already stated it. Because you are a baptized Catholic, you’re still beholden to Catholic Canon Law which state that you should ask permission prior to getting married in a non-Catholic ceremony. Convalidation just reaffirms the valid marriage that took place.

 

[YoungTradCath]

I highly recommend speaking to your priest.

 

[SMHW]

ConstantineTG:

Oops, I misread your post, sorry

Um yeah, I already stated it. Because you are a baptized Catholic, you’re still beholden to Catholic Canon Law which state that you should ask permission prior to getting married in a non-Catholic ceremony.

This would be the issue that the priest is concerned about.

 

[dans0622]

… I was baptized Catholic as a child, and Re-Baptized and chrismated and had our Marriage blessed in the Orthodox Church…

My question is, the Priest at our parish wishes to Convalidate our marriage in the Catholic church after I am received in…I’m not sure though that it is necessary. What can I do in this situation and what should I now? …

Hello,

The only question that I have is: was your wife, at any time, Catholic?

Based only on what is stated here, you should not have to do anything since the Catholic Church already presumes that you are married:

"Canon 1127 §1. The prescripts of canon 1108 are to be observed for the form to be used in a mixed marriage.

Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed."

Since it is already presumed that you are married, a convalidation would be useless and inappropriate. I suspect that some priests might not know about this provision of the law. This is the only scenario when a Catholic can validly marry “outside of the Catholic Church” without any sort of dispensation.

Dan

 

[ConstantineTG]

Hello,

The only question that I have is: was your wife, at any time, Catholic?

Based only on what is stated here, you should not have to do anything since the Catholic Church already presumes that you are married:

"Canon 1127 §1. The prescripts of canon 1108 are to be observed for the form to be used in a mixed marriage.

Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed."

Since it is already presumed that you are married, a convalidation would be useless and inappropriate. I suspect that some priests might not know about this provision of the law. This is the only scenario when a Catholic can validly marry “outside of the Catholic Church” without any sort of dispensation.

Dan

Eastern Rite in Canon Law refers to Eastern Catholics, not Eastern Orthodox. While we recognize the Orthodox as valid and true Churches with valid Apostolic Succession and 7 valid Sacraments, one should still seek a dispensation from the Catholic Church if one is Catholic when getting married in the Orthodox Church.

 

[ValPal]

Neither of us were married before, but I was baptized as an infant Catholic…but never attended after that.

The bolded text is likely the issue. Being baptized Catholic means you must follow Canon Law. If you marry outside the Church without dispensation, your marriage is considered invalid.

The one caveat is that it appears your marriage is considered valid in an Orthodox Church. I don’t know enough about Canon Law to know how the Roman Church handles this particular circumstance.

 

[dans0622]

Eastern Rite in Canon Law refers to Eastern Catholics, not Eastern Orthodox. While we recognize the Orthodox as valid and true Churches with valid Apostolic Succession and 7 valid Sacraments, one should still seek a dispensation from the Catholic Church if one is Catholic when getting married in the Orthodox Church.

Hello,

Canon 1127 specifically says “a non-Catholic of an Eastern Rite.” That means Orthodox. It cannot possibly mean an “Eastern Catholic.” A Catholic is only to ask for “permission” to marry in an Orthodox ceremony, not a dispensation. If this “permission” is not asked for or granted, the marriage is still presumed to be valid since an appropriate form was used.

Dan

 

[Castello]

Neither of us were married before, but I was baptized as an infant Catholic…but never attended after that.

Then that 'splains it

You are Catholic because of your Baptism (Catholicism does not depend on attendance, just Catholic baptism). You married without following Catholic laws, so, you will have to be Convalidated.

 

[iammarshallarts]

Then that 'splains it

You are Catholic because of your Baptism (Catholicism does not depend on attendance, just Catholic baptism). You married without following Catholic laws, so, you will have to be Convalidated.

But, she cant because from what we have read that participation in anything would involve potential excommunication

What a pickle…

EDIT: and she inst really interested, she is uber Orthodox but is supportive of me

 

[dans0622]

Then that 'splains it

You are Catholic because of your Baptism (Catholicism does not depend on attendance, just Catholic baptism). You married without following Catholic laws, so, you will have to be Convalidated.

Hello,

Yes, he was and is Catholic and must follow canon law, which he did not do. Yet, that law itself provides that this violation of the law does not lead to an lack of form and a need for a convalidation.

I will again refer to canon 1127.1, which I quoted earlier. How and why would that canon not apply to the OP and lead to the necessary conclusion that his marriage is presumed to be valid (although entered illicitly) by the Catholic Church?

I see no need for a convalidation.

Thank you for your time.

Dan

 

[1ke]

OMG, people, I seriously question the reading comprehension going on on this thread.

The OP stated he was baptized Catholic, converted to the Orthodox Church, married in the Orthodox Church, and is now reverting back to communion with the Catholic Church.

OP, Dan is steering you in the right direction regarding canon 1127. I suggest your priest contact the diocesan judician vicar on this one. Many parish priests are unfamiliar with the Orthodox Churches and especially those things concerning the sacraments where they are concerned.

For example, WHY are you in RCIA? You have already been chrismated (Confirmed) in the Orthodox Church, which is a VALID sacrament. You are already fully initiated. RCIA is not for you. The only thing you need to do is go to Confession and maybe make a profession of faith.

If, after consulting the judicial vicar, there is a determination that something needs to be done to validate your marriage in the Catholic Church (although I cannot imagine what that might be) then make sure your priest applies for radical sanation. That involves no new exchange of consent and should take care of any issue your wife may have regarding giving new consent vis-a-vis her standing in the Orthodox Church.

I’d also follow up on why you have been placed in RCIA.

 

[hudson]

Hello, and I hope this is the correct forum! I am in the process of converting to Catholicism from Orthodoxy (Wife and kids are Orthodox still though). I was baptized Catholic as a child, and Re-Baptized and chrismated and had our Marriage blessed in the Orthodox Church.

The Orthodox re-baptize Catholics?