Lack of Form documents: Catholic and previously married Orthodox

[BertBlyleven]

Hello all,

Backstory: I’ve got a family member who’s been married for some time and will be getting a divorce soon. She is Catholic, he is Orthodox (from Eastern Europe). They were married in an Orthodox Church shortly after he moved to the US without Catholic dispensation (she wasn’t aware it was needed), which with no other impediments makes the marriage valid but illicit; however, he was previously married and never received an annulment from the Catholic Church, therefore their marriage is invalid in the eyes of the Catholic Church.

She will be looking into a lack of form annulment in order to remarry in the Church. For anyone who’s gone through this process or anyone familiar with tribunals, what kind of documentation/investigation does a lack of form annulment require require, specifically from her Orthodox husband? Had he been a Protestant, I’d assume very little, but since her marriage is assumed valid but illicit I’d expect it to be closer to a “normal” annulment, if you will. Her concern is that he will leave the US and will not cooperate with the annulment process, or will not have documentation of his previous marriage therefore making it hard to prove.

Any help is appreciated, thanks.

 

[ProdglArchitect]

It’s my understanding that in cases like this, where there is an obvious lack of form such as a Catholic marrying outside of the Church without a dispensation, all that is necessary is proof of where the marriage occurred. I’m not positive about that, it’s just what I remember from this question coming up on different CAL shows.

Also, since she cannot validly marry a married person, regardless of where the marriage takes place, evidence of his previous marriage and testimony as to the lack of an annulment would also probably be sufficient documentation. Even if he lacks documentation, his testimony and the testimony of family/friends may be enough. I’d definitely suggest focusing on the lack of form portion first, since that avenue doesn’t really need his (name removed by moderator)ut.

I’d like to stress that different tribunals will ask for different things. The only way to know for sure is to start the process and find out.

 

[Gertabelle]

She needs to start by making an appointment at her parish to discuss the particulars of her case. The priest or deacon will give her a short form she needs to fill out and send to the diocesan tribunal – no other documents are needed for this first, essential step.

The tribunal will review that form and send her whatever further forms she needs. And on those forms, there will be a list of required documents based on her case.

When I went through my annulment process, I just needed the baptismal certificates of my ex and me, our marriage certificate, and our divorce decree.

None of this can take place, however, until your sister’s divorce is final.

I’ll keep them in my prayers.

 

[1ke]

It would not be a “lack of form” case. It would be a Ligamen case.

 

[1ke]

t’s my understanding that in cases like this, where there is an obvious lack of form such as a Catholic marrying outside of the Church without a dispensation, all that is necessary is proof of where the marriage occurred.

For lack of form, the marriage certificate and divorce decree along with the Catholic’s baptismal records would be needed.

However, a Catholic married in an Orthodox Church without permission (it’s not a dispensation) would be valid. It is not a lack of form.

 

[ProdglArchitect]

For lack of form, the marriage certificate and divorce decree along with the Catholic’s baptismal records would be needed.

However, a Catholic married in an Orthodox Church without permission (it’s not a dispensation) would be valid. It is not a lack of form.

Really? I know they have valid sacraments, but I was under the impression that the same sort of logic applied as with Protestant communities. Are they considered valid because Orthodox Churches have a valid Eucharist?

 

[1ke]

Really? I know they have valid sacraments, but I was under the impression that the same sort of logic applied as with Protestant communities. Are they considered valid because Orthodox Churches have a valid Eucharist?

It is valid because the law specifically makes an exception for it:

Can. 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127, §§1-2.

Can. 1127 §1. The prescripts of ⇒ can. 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.

But, yes, the Church does make the distinction between Churches with valid Orders and ecclesial communities which lack Orders.

 

[1ke]

Prodigal–

As an aside, this is a provision first legislated in the canon law of the Oriental Churches (came out of Vatican II documents on the Orthdox Churches and our relations with them) to enable the Eastern Rite Catholics to contract marriages in the Orthodox Churches without dispensation. It was extended to Latin Rite Catholics in 1967. The document is called /Crescens Matrimonium but it’s not available online.

(Takes off nerd hat and places it on the nightstand).

 

[otjm]

As a curiosity, do the Orthodox and the Eastern Rite Churches have any means/process to address issues of nullity in prior marriages? Is it possible, if they do, that the results would be accepted by the Church? Or is the only process available through the Roman rite?

 

[SerraSemper]

Many of the Orthodox believe in actual divorce, hence their findings are not deemed valid by Rome.

 

[1ke]

As a curiosity, do the Orthodox and the Eastern Rite Churches have any means/process to address issues of nullity in prior marriages? Is it possible, if they do, that the results would be accepted by the Church?

No. It is a significantly different way of operating in the Orthodox Churches, they do not have anything comparable to the nullity process. In Orthodoxy economia is a concept of making exceptions such as second and even third marriages after civil divorce.

Or is the only process available through the Roman rite?

The Catholic Church only accepts those declarations of nullity that are issued by an ecclesiastical tribunal of the Catholic Church. It could be from the Latin Rite or any of the other Catholic Churches under the Oriental Code.

 

[otjm]

Thanks. It appears your first post is right on.

 

[BertBlyleven]

Thanks for the help everyone, my family greatly appreciates it. They have all the previous marriage documentation, so upon completion of the civil divorce it should be a doable, albeit likely long and stressful process.

On a side note, does one need to remain in the same diocese once an annulment application (ligamen in this case) has begun? She will with almost certain certainty not be living in the same diocese in the next couple of years due to work.

 

[1ke]

On a side note, does one need to remain in the same diocese once an annulment application (ligamen in this case) has begun? She will with almost certain certainty not be living in the same diocese in the next couple of years due to work.

No.

The case can be brought in one of several jurisdictions, and you need not reside in the diocese in which you petition.

 

[acanonlawyer]

On a side note, does one need to remain in the same diocese once an annulment application (ligamen in this case) has begun? She will with almost certain certainty not be living in the same diocese in the next couple of years due to work.

If a person submits a petition in his/her home diocese, and the case actually begins there, then it matters not where the person might live in the future. By “actually begins”, I mean the point at which the other Party receives notice of the petition. Once this point is reached, that tribunal “owns” the process, you might say: the jurisdiction of that court has been formalized and no other tribunal can act on that case.

From the time of the submission of the petition to the communication of the citation is typically not more than a couple of weeks. So, if we are waiting a couple of years for a possible move, this should not be an issue at all.

Dan

 

[FrDavid96]

No.

You’re not reading everything the OP wrote.

For the Orthodox party (groom), this was his second marriage. The first marriage was never declared null–therefore he was not free to marry the OP’s friend.

 

[FrDavid96]

Your friend needs to petition for an administrative declaration of nullity.

The decision is made by an administrative process (hence the name), not a judicial one, and so does not involve the Tribunal as such.

Your friend will need to work with the diocesan office that handles administrative marriage issues—that might be the chancellor, vicar general, etc.

Assuming that the husband’s first marriage was valid (he was married by an Orthodox priest, etc.) he was not free-to-marry at the time of the wedding to your friend. (That is also assuming that the first wife was alive at the time of the second marriage). Even though an Orthodox priest performed the marriage ceremony, the Catholic Church does not consider that valid in a situation like this.

The petition for an administrative declaration of nullity would not be based on “lack of canonical form” but instead based on that absence of a freedom-to-marry.

Gathering all the paperwork “should” be sufficient to prove that the ceremony was an invalid attempt.

Please note that this assumes 2 things:

1. The husband’s first marriage was valid (not a civil-only marriage in E. Europe)
2. The first wife was still alive at the time of the 2nd marriage (to your friend).

I cannot guarantee that an administrative declaration of nullity will be the solution—I can say that it certainly appears that way based on what you’ve posted. Your friend will need to work with the representative from the diocese office that handles matrimonial issues and will need to present all the relevant documentation. Again, no guarantees, but this will probably not need to go to the Tribunal for the formal (ie long) process.

 

[1ke]

No.

You’re not reading everything the OP wrote.

For the Orthodox party (groom), this was his second marriage. The first marriage was never declared null–therefore he was not free to marry the OP’s friend.

I’m not sure what you are saying “no” to as you did not quote the post you’re replying to.

See my post #4-- I said it is not a lack of form case but rather a Ligamen case. He had a prior bond, presuming he married the first time in the Orthodox Church.

If he did not marry wife #1 in the Orthodox Church then it is a full tribunal case because the marriage in the Orthodox Church to wife #2 would be valid, although it would be illicit from the CC perspective.

 

[acanonlawyer]

The decision is made by an administrative process (hence the name), not a judicial one, and so does not involve the Tribunal as such.

Your friend will need to work with the diocesan office that handles administrative marriage issues—that might be the chancellor, vicar general, etc.

If we’re talking about a prior bond case, which, it seems, we are, and if we want to get into the technical terminology, the process is a judicial one that is processed by the Tribunal. Such cases can be handled according to the “documentary process”, as c. 1688 (according to the post Mitis Iudex numbering) says. These cases involve a Judge as well as the Defender of the Bond, since the marriage under examination is understood to enjoy the presumption of validity. The process, provided that there is certain proof of the impediment, concludes with a declaration of nullity.

What can be called “administrative cases” involve (civil) marriages that are understood to not enjoy the presumption of validity and so there is no Judge and no Defender. Consequently, these “processes” do not result in a declaration of invalidity but only what is termed an “attestation of freedom to marry” (or some similar verbiage).

Dan