Is it easier for a non-Catholic to get an annulment?

[Emma2829]

I understand that the Catholic Church presumes that a Protestant marriage ceremony between two non-Catholics is valid until proven otherwise. So if a divorced Protestant wants to marry in the Catholic Church, he/she will have to go through the annulment process.

I have a Catholic friend who is currently dating divorced Protestant man. He and his ex-wife were both baptized in the Methodist church and married in a Methodist ceremony. My friend seems to think that it should be fairly easy for him to obtain an annulment of his first marriage. Is she correct?

Her reasoning is that the Methodist church does not consider marriage to be a sacrament. According to her boyfriend, at the time of his 1st marriage, he did not believe that marriage was indissoluble because he had never been taught that. Would this fact alone be grounds for an annulment?

 

[Arkansan]

Would this fact alone be grounds for an annulment?

No.

Can. 1099 Error concerning the unity or indissolubility or sacramental dignity of marriage does not vitiate matrimonial consent provided that it does not determine the will.

 

[1ke]

My friend seems to think that it should be fairly easy for him to obtain an annulment of his first marriage. Is she correct?

No. Not really. The grounds are the grounds. If you don’t have any, you don’t have any.

Her reasoning is that the Methodist church does not consider marriage to be a sacrament.

One need not know it is a sacrament to validly marry. It need not even be a sacrament to be valid— such as between the unbaptized.

According to her boyfriend, at the time of his 1st marriage, he did not believe that marriage was indissoluble because he had never been taught that. Would this fact alone be grounds for an annulment?

No.

He spoke the vows, he gave his consent. He would have to show more than just what he may or may not have known or thought. It would have to rise to the level of determining his will in the matter before it would be a defect of consent or intent.

 

[Emma2829]

Interesting. Just out of curiosity, how exactly would a person prove what his/her intents were at the time?

 

[Arkansan]

You often can’t.

Can. 1060 Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven.

Can. 1535 A judicial confession is the written or oral assertion of some fact against oneself before a competent judge by any party concerning the matter of the trial, whether made spontaneously or while being questioned by the judge.

Can. 1536 §1. The judicial confession of one party relieves the other parties from the burden of proof if it concerns some private matter and the public good is not at stake.

§2. In cases which regard the public good, however, a judicial confession and declarations of the parties which are not confessions can have a probative force which the judge must evaluate together with the other circumstances of the case; the force of full proof cannot be attributed to them, however, unless other elements are present which thoroughly corroborate them.

 

[1ke]

Interesting. Just out of curiosity, how exactly would a person prove what his/her intents were at the time?

They would need to have witnesses who could testify to it.