P
pulsar60
Guest
A non-Catholic friend wants a “free to marry” declaration so she can marry a Catholic man within the Catholic Church. She (petitioner) had a prior marriage to a baptized non-Catholic man (respondent). He had a prior marriage to a baptized non-Catholic woman (co-respondent). The respondent and co-respondent were divorced and respondent married the petitioner several years later. Petitioner and respondent divorced about 25 years ago after about 12 years of marriage.
On first look, this would seem to be a ligamen case. But, in gathering documentation it was discovered that co-respondent passed away during the course of petitioner and respondent’s marriage. Co-respondent was alive at the time of petitioner and respondents marriage but died before they were divorced.
My understanding of annulments is that the state of the relationship at the time vows are exchanged is the only consideration for determination of validity. On the other hand, my reading in this forum indicates that ligamen and annulment aren’t exactly the same thing. Also, since non-Catholics are not bound by canonical form, the rules seem different for them.
So, the question is this: Did petitioner and respondent’s marriage become presumably valid at the moment of co-respondent’s death? Respondent’s prior bond is obviously dissolved by co-respondent’s death. But, the marriage entered into with petitioner was presumably invalid due to prior bond at its inception. Does the timing of co-respondent’s death matter?
If respondent were Catholic and his first marriage had been a valid canonical Catholic marriage but had divorced and married petitioner outside the Church, he would have the option of convalidation after the passing of co-respondent to make the marriage valid. Indeed, the marriage would never be valid due to lack of canonical form until convalidation occurred. But that is a canonical thing, yes/no? Non-Catholics aren’t bound by those rules.
Discussions with priests vary from “yes” to “no” to “don’t even ask because ligamen doesn’t apply to non-Catholics.” Perhaps someone here can clarify the real rules?
To further complicate things: If the answer is that ligamen is moot due to co-respondent passing during the marriage, at what point would a full tribunal investigation begin? Would it look at the state of the relationship at vow exchange or the state of the relationship when co-respondent died? It’s quite probable respondent and petitioner would never have chosen to re-exchange vows or “convalidate” their marriage at the time of co-respondent’s passing if such had been part of their religious practices.
On first look, this would seem to be a ligamen case. But, in gathering documentation it was discovered that co-respondent passed away during the course of petitioner and respondent’s marriage. Co-respondent was alive at the time of petitioner and respondents marriage but died before they were divorced.
My understanding of annulments is that the state of the relationship at the time vows are exchanged is the only consideration for determination of validity. On the other hand, my reading in this forum indicates that ligamen and annulment aren’t exactly the same thing. Also, since non-Catholics are not bound by canonical form, the rules seem different for them.
So, the question is this: Did petitioner and respondent’s marriage become presumably valid at the moment of co-respondent’s death? Respondent’s prior bond is obviously dissolved by co-respondent’s death. But, the marriage entered into with petitioner was presumably invalid due to prior bond at its inception. Does the timing of co-respondent’s death matter?
If respondent were Catholic and his first marriage had been a valid canonical Catholic marriage but had divorced and married petitioner outside the Church, he would have the option of convalidation after the passing of co-respondent to make the marriage valid. Indeed, the marriage would never be valid due to lack of canonical form until convalidation occurred. But that is a canonical thing, yes/no? Non-Catholics aren’t bound by those rules.
Discussions with priests vary from “yes” to “no” to “don’t even ask because ligamen doesn’t apply to non-Catholics.” Perhaps someone here can clarify the real rules?
To further complicate things: If the answer is that ligamen is moot due to co-respondent passing during the marriage, at what point would a full tribunal investigation begin? Would it look at the state of the relationship at vow exchange or the state of the relationship when co-respondent died? It’s quite probable respondent and petitioner would never have chosen to re-exchange vows or “convalidate” their marriage at the time of co-respondent’s passing if such had been part of their religious practices.