Is an annulment needed?

[freddo]

I know that if two Catholics marry, or two protestants marry in their own ceremony, that an annulment is necessary. I also know that if a Catholic marries a protestant in a protestant ceremony that a lack of form is processed.

What happens if the Catholic converts to the protestant religion and is married in that tradition, but divorces, returns to Catholicism and wishes to remarry (somebody else)? Is an annulment or a lack of form required?

The protestant religion is Mormon if that makes a difference.

 

[Tantum_ergo]

I know that if two Catholics marry, or two protestants marry in their own ceremony, that an annulment is necessary. I also know that if a Catholic marries a protestant in a protestant ceremony that a lack of form is processed.

What happens if the Catholic converts to the protestant religion and is married in that tradition, but divorces, returns to Catholicism and wishes to remarry (somebody else)? Is an annulment or a lack of form required?

The protestant religion is Mormon if that makes a difference.

Have the person check with the priest but I would be extremely surprised if a decree of nullity (annulment) or lack of form would NOT be required. Still, the best advice is to have the person speak with the priest, who will best be able to help him.

 

[freddo]

Have the person check with the priest but I would be extremely surprised if a decree of nullity (annulment) or lack of form would NOT be required. Still, the best advice is to have the person speak with the priest, who will best be able to help him.

She has an appointment for next week, I was just trying to help out in the meantime. She knows that she’ll need one, but wants to know if it is annulment or lack of form. Since she divorced him because of abuse, if she has to get an annulment she doesn’t want to do it because they will contact him and he’ll know the general idea of where she lives (and he has threatened her, so obviously she doesn’t want that to happen). As it is, he has no idea of even which state she lives in, so she doesn’t want a letter from a diocesan tribunal to go to him and tip him off.

Edited to change appointment from “next month” to “next week”. That would have been a long wait!

 

[1ke]

I also know that if a Catholic marries a protestant in a protestant ceremony that a lack of form is processed.

Not necessarily. A Catholic can receive a dispensation from form to marry in the non-Catholic’s place of worship. So, whether or not there is a lack of form issue in this situation depends upon whether or not the Catholic received the proper permissions and dispensations pertaining to a mixed marriage. A Catholic could very well validly marry in this situation.

What happens if the Catholic converts to the protestant religion and is married in that tradition, but divorces, returns to Catholicism and wishes to remarry (somebody else)? Is an annulment or a lack of form required?

A Catholic is always obligated under canon law to obey the laws on marriage. To complicate matters, for a time between 1983 and 2010 there was a canon law process called “formal defection” in which the Catholic could, in writing, defect from the faith and be received by the bishop. In such a case, the person could then validly contract marriage outside Catholic form.

So, the answer to your question is “it depends.” Very few people ever did the “formal defection” process when it was available. It is no longer available, Pope Benedict removed this option from canon law because it created many problems for tribunals trying to determine if a person had indeed “formally defected.” Merely leaving and going to another religion is not “formal defection”-- it was an actual process that had to be followed.

So, if the person just stopped practicing Catholicism and took up this other religion, married without proper permissions and dispensations, then yes it would be lack of form. If this person was one of the rare people who followed through with a formal defection, then their marriage might very well be valid.

The protestant religion is Mormon if that makes a difference.

The Mormon religion is not a protestant religion. They are non-Christian. They do not have valid baptism and reject the Trinity. The Catholic Church has ruled their religion to be non-Christian.

 

[puzzleannie]

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What happens if the Catholic converts to the protestant religion and is married in that tradition, but divorces, returns to Catholicism and wishes to remarry (somebody else)? Is an annulment or a lack of form required?

The protestant religion is Mormon if that makes a difference.

there is a canon that addresses this case, the key being does his “conversion” constitute formal defection. If it does, then the first marriage was valid, and along with instruction and pastoral care in returning to the faith he would need an annulment if he divorced and wished to remarry in the Church. However recently the rules on what constitutes “formal defection” have changed, so this individual needs to see his priest to examine the specifics of his personal situation. Since this canon law clarification 1ke explains more fully, most such cases are simple lack of form, but there should be counselling and pastoral care for the Catholic returning to the sacraments before or during the marriage preparation.

 

[1ke]

She has an appointment for next week, I was just trying to help out in the meantime. She knows that she’ll need one, but wants to know if it is annulment or lack of form.

After she lays out all the facts to the priest, he will tell her what needs to be done.

Since she divorced him because of abuse, if she has to get an annulment she doesn’t want to do it because they will contact him and he’ll know the general idea of where she lives (and he has threatened her, so obviously she doesn’t want that to happen). As it is, he has no idea of even which state she lives in, so she doesn’t want a letter from a diocesan tribunal to go to him and tip him off.

(a) Tribunals have dealt with issues like this before. They have procedures to deal with these types of situations. Although she may feel like her situation is unique in all the world, it isn’t.

(b) Canon law allows for several venues for a formal tribunal process including the place in which the marriage occured, the place in which the petitioner lives, the place in which the respondent lives, or the place in which the most evidence is available. So, if he lives in a different state, she can have her case heard there.

(c) It sounds like she did not receive a dispensation, and probably didn’t formally defect, so this is likely a case of lack of form. But, she needs to talk with the priest to confirm this.

 

[valentino]

I know that if two Catholics marry, or two protestants marry in their own ceremony, that an annulment is necessary. I also know that if a Catholic marries a protestant in a protestant ceremony that a lack of form is processed.

What happens if the Catholic converts to the protestant religion and is married in that tradition, but divorces, returns to Catholicism and wishes to remarry (somebody else)? Is an annulment or a lack of form required?

The protestant religion is Mormon if that makes a difference.

First of all the catholic is in mortal sin for leaving the Church.If he gets married outside the church the marriage is a legal marriage.If he returns to the faith he has to make a full confesssion.Next he would have to talk a priest explain the whole situation and he may be granted an annulment.I understand that an annulment takes up to 5 yrs.But their may be acceptions.

 

[puzzleannie]

First of all the catholic is in mortal sin for leaving the Church.If he gets married outside the church the marriage is a legal marriage.If he returns to the faith he has to make a full confesssion.Next he would have to talk a priest explain the whole situation and he may be granted an annulment.I understand that an annulment takes up to 5 yrs.But their may be acceptions.

most of this is incomplete or inaccurate. Please urge your friend to see her priest and support her during this time. She needs a good Catholic friend to aid her in returning to full life in the Church. God bless you for being that person.

 

[Joe_Kelley]

It depends on when she left the Church and what actions she took. At one time it was possible to remove oneself from the Church’s marriage jurisdiction, but this has not been true for a few years now. Now, it is “Once a Catholic, always a Catholic.”

If she was never formally separated from the Church [which is probably the case], it is a simple “Lack of Form” which only requires a bit of paper work. In any case, it is too dependent on the details, which should not be discussed on line, to give a general answer. She needs to discuss it with a priest who is familiar with the Tribunal processes.

The Tribunal will know what can be done to keep her location secret.

 

[valentino]

puzzleannie:this forum is also for learning.Please point out my errors.thanks