As I am currently pursuing a Sanatio In Radice, I feel I have something to contribute to this. I was a Catholic “away from my faith” when I married my Baptist wife in a Methodist church. Her friends, both Methodists, were married in the same church. Their marriage is valid, ours is not. Same church, same minister, different result. Why? Had I renounced my faith and joined the Baptist church, our marriage would be valid. Why does this change since I have never renounced my faith? The answer is that when I was confirmed I implicitly made an oath before God that I would obey the laws of His Church, including canon law. Even though we were doing the same thing as our friends, I was making a promise that I was not allowed to make. I had no dispensation for ‘lack of canonical form’ or ‘disparity of cult’, so these were obstacles to a valid marriage. I swore that I would be a Catholic and live as a Catholic, then I tried to sneak away and slide a Sacrament by God. Obviously, even though I didn’t know that I wasn’t allowed to make that promise, God knew. We have since had a child. Is the child illegitimate? Nope. Legitimacy is an issue of “civil law”, and has nothing to do with the Church’s view. Because I was in a “civil law” marriage, my son is legitimate. As far as the Church is concerned, the child is equally worthy, regardless of the circumstances, and so she makes no determination either way (because she doesn’t care).
Needless to say, my wife didn’t understand.
She was unwilling to renew our vows, because she felt ours were “good enough”. So now I’m pursuing a Sanatio In Radice, which is explained as follows:
The Sanatio is more or less a “retro-active dispensation” which serves to sanctify (validate) the marriage without a ceremony of any kind. What was required was my contacting the Vicar General of the diocese and signing a sworn statement about my situation, and my wife and I both have to get 2 afidavits from people who have known us > 5yrs to testify that we have never been married before and that we are both validly baptized. I expect to be finished by next week (a quick prayer would be helpful, if you don’t mind).
If you have further questions, I’ve had to do quite a bit of reading about this and would be willing to try and answer any questions you have. Of course, you could also talk to your priest / Vicar General about it.
God Bless,
RyanL