Jews divorcing, becoming Catholic

[Usbek_de_Perse]

I have a question concerning divorce. Let me say from the outset that this question for me is entirely theoretical. I stems from listening to a lot of (not too much) Catholic Answers Live.

Would a Catholic marriage tribunal accept a divorce judgement issued by a rabbinic court in the case of a marriage between two Jews who had never been Christian? Would it accept this judgement as a nullity in a case where one of two partners wished to become Catholic, or marry a Catholic?

I am emphasizing Jews in this case, because Jews are both part of the Christian heritage and are, in marriage law, different from it.

 

[danlaupat]

I was Jewish, got divorced, converted to Catholicism, and later remarried in the Church. The Tribunal determined that my first marriage lacked form --thus it was nullified and I was free to marry in the Catholic Church. I believe this is similar to the situation you describe.

 

[twopekinguys]

I was Jewish, got divorced, converted to Catholicism, and later remarried in the Church. The Tribunal determined that my first marriage lacked form --thus it was nullified and I was free to marry in the Catholic Church. I believe this is similar to the situation you describe.

Interesting. Was your first spouse Jewish as well?

 

[danlaupat]

No, he is Roman Catholic, and we were not married in the Catholic Church. My second husband is Roman Catholic and his first marriage was also deemed by the Tribunal to lack form, even though his first wife was also Catholic. They were married by a preacher that started his own church (most likely for tax reasons). The whole process of having the Tribunal look at our previous marriages was very simple and quick.

 

[grace_singh]

on a related note, i know the Scriptures condemn divorce, and state that any who marry a divorced woman commits adultery.

what does the CC rule on non-Christian marrigaes which are annuled? for example if a pagan couple divorced, and the divorced woman later comes to Christ and is baptized, is she free to remarry?

marriage was instituted by God Himself, before the Law was given. does that mean that all marriages are to be held to Biblical standards, or that only in the case of a Christian marriage does the divorce and re-marriage commandment apply?

 

[Usbek_de_Perse]

I asked the queston related to Jews, because Jews and Jewish law are considered by Christians to be valid, even if superceded by Christianity. So, would the Rabbinic court’s action in granting a divorce be upheld by a Catholic marriage tribunal?

I think my purpose in asking this is to get a better handle on the transition from Jewish to Christian realities. As I stated above, my purpose is not in any way personal.

on a related note, i know the Scriptures condemn divorce, and state that any who marry a divorced woman commits adultery.

what does the CC rule on non-Christian marrigaes which are annuled? for example if a pagan couple divorced, and the divorced woman later comes to Christ and is baptized, is she free to remarry?

marriage was instituted by God Himself, before the Law was given. does that mean that all marriages are to be held to Biblical standards, or that only in the case of a Christian marriage does the divorce and re-marriage commandment apply?

 

[LilyM]

In danlaupat’s example, the previous marriage would’ve been found invalid because dan’s former spouse was Catholic, yet did not marry in a Catholic ceremony (or else in another ceremony with the dispensation of their bishop) as all baptised Catholics are obliged to do. The invalidity had nothing to do with the rabbinical divorce.

The Church, if memory serves, usually presumes that a marriage between two non-Catholic Christians carried out according to the rites of their denomination is valid. I’d imagine they’d presume the same of a marriage between two Jews carried out according to Jewish ceremony.

As for the divorce - being that Christ stated that divorces were only permitted by Moses on account of the hardness of peoples’ hearts, I don’t think the Church has ever considered, or ever would consider, that particular dictum as a binding part of the covenant of the Jews.

 

[aspirant]

Would a Catholic marriage tribunal accept a divorce judgement issued by a rabbinic court in the case of a marriage between two Jews who had never been Christian?

The marriage is either valid or invalid (null). If valid, it’s either indissoluble or dissoluble. If one of these people became Catholic and then wanted to know whether he/she was free to marry, the Church would do its own investigation into these matters.

The first question is validity. Were both parties free to marry and capable of marriage? Did they freely and willingly consent to marriage? etc. If a tribunal finds that a marriage was invalid, the parties are free to marry.

What if the marriage was valid? Because the parties were unbaptized, the marriage was a valid natural marriage, not a sacramental marriage. A valid sacramental marriage becomes indissoluble at consummation, but a natural marriage, even if valid, does not. If one of the parties to this valid but natural marriage became a Christian, he/she could nevertheless become free to marry again through the “Pauline privilege.”

Would it accept this judgement as a nullity in a case where one of two partners wished to become Catholic, or marry a Catholic?

No. A rabbinic court’s decree of divorce is not equivalent to a Catholic marriage tribunal’s finding of nullity.

 

[1ke]

A Jew who converts to the Catholic faith would have two possible ways of dealing with a prior marriage if married to another Jew. The marriage of two Jews is presumed to be a valid natural marriage.

A Jew entering the Church might have grounds for nullity-- based on a divine law impediment or a defect in consent or intent. This might be the case if one of them were married before or something like that. If so, they could petition the Tribunal to review the marriag for nullity just like everyone else does.

The marriage might in fact be valid. In such a case, the Jewish convert might instead pursue a dissolution of the bond via the Pauline Privilege. A valid natural marriage can be dissolved through the Pauline Privilege. This is not a decree of nullity, this is a dissolution of the bond in favor of the faith.

 

[Joe_Kelley]

A Jew who converts to the Catholic faith would have two possible ways of dealing with a prior marriage if married to another Jew. The marriage of two Jews is presumed to be a valid natural marriage.

A Jew entering the Church might have grounds for nullity-- based on a divine law impediment or a defect in consent or intent. This might be the case if one of them were married before or something like that. If so, they could petition the Tribunal to review the marriag for nullity just like everyone else does.

The marriage might in fact be valid. In such a case, the Jewish convert might instead pursue a dissolution of the bond via the Pauline Privilege. A valid natural marriage can be dissolved through the Pauline Privilege. This is not a decree of nullity, this is a dissolution of the bond in favor of the faith.

The Pauline Privilege applies if neither party was baptized. This is done at the diocesan level and is a fairly quick process. If only one was baptized there is a similar Privilege, the Petrine. This must be requested from Rome and is granted by the Pope. It takes a little longer, but is usually straightforward if all your* i’s* are dotted and all the t’s are crossed. Rome insists on proper paperwork.

Either is usually significantly quicker and easier than a full up investigation for a decree of nullity.