Our church and divorce....question

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If there has beena biblical reason for divorce e.g. adultery or abuse, is it necessary to also get an annulment should the person desire to get remarried? This question was presented to me at a round table discussion at work.
Thanks,
~ Kathy ~
 
Dear Friend,

Yes, an annulment is still necessary. Believe it or not, neither annulment nor abuse automatically annuls a marriage.

I think this is a great question for you to post on the “Ask an Apologists” area! They could do a better job than I could ever do at explaining this.

Yet, I have found some very knowledgable and creditable Catholic answers on threads like this one.

Bless you!

Bob
 
The nature of the divorce has nothing to do with an annulment. The validity of the marriage is what the annulment process questions.
 
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Katie1723:
If there has beena biblical reason for divorce e.g. adultery or abuse, is it necessary to also get an annulment should the person desire to get remarried? This question was presented to me at a round table discussion at work.
Thanks,
~ Kathy ~
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This question, which refers to Christ’s statements regarding divorce in Matthew 5:32, is really a result of insufficient translation. In the original Greek, the word which is translated as “adultery” in some Bibles is porneia, which translates more properly to concubinage or an unlawful marriage. Basically, Christ is saying that divorce is not allowed unless the marriage is “unlawful” or invalid. In other words, Christ is saying what the Church does–no one may dissolve a marriage unless it is determined that the marriage never existed in the first place (i.e. through an annulment)
 
There is a great new website available…www.inthespiritofcana.org

Check it out and put in the search engine, divorce or annullment or whatever question you may have regarding marriage in the Catholic church.
 
There is no divorce in the Catholic church except:

the Pauline privilege (spouse from before baptism being against your faith)
the Petrine privilege (choosing a different wife from the first one to keep when getting out of a polygamous marriage)
dissolution of a concluded but not consummated (ratum et non consummatum) marriage by the Pope

You don’t need any declaration of nullity in those cases - dissolved is dissolved and you can marry.

Also, you must bear in mind that “annulment” is a simplified name. There isn’t really any such thing as annulment. The Church doesn’t annul marriages - it’s only church tribunals that declare if the marriage is valid or not. Those tribunals aren’t infallible and their verdicts can be in error. They possess no sacramental quality.

When your marriage is declared null, you can marry.
 
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chevalier:
There is no divorce in the Catholic church except:

the Pauline privilege (spouse from before baptism being against your faith)
** the Petrine privilege (choosing a different wife from the first one to keep when getting out of a polygamous marriage)**
dissolution of a concluded but not consummated (ratum et non consummatum) marriage by the Pope

You don’t need any declaration of nullity in those cases - dissolved is dissolved and you can marry.

Also, you must bear in mind that “annulment” is a simplified name. There isn’t really any such thing as annulment. The Church doesn’t annul marriages - it’s only church tribunals that declare if the marriage is valid or not. Those tribunals aren’t infallible and their verdicts can be in error. They possess no sacramental quality.

When your marriage is declared null, you can marry.
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Bolded by me.

Your definition of Petrine Privilege is not accurate. I have a Petrine Privilege and believe me it doesn’t have anything to do with a polygamous marriage.

Petrine Privilege.
Petrine Privilege
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(Favor of the Faith)
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Code: 
The implementation of this procedure is reserved to The Pope. It involves the circumstance where one of the parties in the marriage is unbaptized and the other is baptized. Either party wants to become Catholic or wants to marry a Catholic. This marriage can be dissolved, permitting the person to become Catholic or to marry a Catholic. Thus, the Pope may act *in favor of the Christian faith*. Another example may be that a Methodist lady who is married to an unbaptized man falls in love with a Catholic man. The Pope may dissolve the marriage of the Methodist to facilitate her marriage to the Catholic man This is done *in favor of the faith *of her Catholic fiancé.

   These cases require help from The Tribunal.
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Yes, I, too was shocked when I saw the reference to polygamous unions.
 
I have a friend who is thinking of becoming Catholic. Her husband is not a Christian of any sort. If she does become Catholic someone told her she cannot take communion. Is that true?
 
NewCatholicGirl:

I believe that your friend will be able to receive communion once she becomes Catholic and is free of any mortal sin even if her husband is not Christian.

You may want to post on Ask An Apologist.
 
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NewCatholicGirl:
I have a friend who is thinking of becoming Catholic. Her husband is not a Christian of any sort. If she does become Catholic someone told her she cannot take communion. Is that true?
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No, I don’t think that’s correct. It is likely that they were confused regarding the Church’s requirements for marriage (if a marriage is invalid the couple may not receive communion unless it is ratified by the Church or they agree to live as brother and sister). However, in this case since both the husband and wife were non-Catholic at the time of marriage, the Church considers their marriage valid. She would be able to receive Holy Communion.
 
Taken from the inthespiritofcana.org website

**2.6.11 Marriage to a Member of a Non-Christian Religion **

Marriages between a Catholic and a member of a non-Christian religion (e.g., Jew, Muslim, Buddhist, Hindu, and Mormon) are often called “interreligious” or “interfaith” marriages. The canonical term “disparity of cult” refers to a marriage between a Catholic and an unbaptized person.

Interfaith marriages vary greatly, due to the great diversity in non-Christian religions. A few distinctions to keep in mind: Islam, Judaism, and Christianity are called “Abrahamic religions” because they share belief in the same one God and claim Abraham as their spiritual father. These religions have a very different worldview than religions such as Hinduism and Buddhism.

The Catholic Church does not encourage such marriages, and declares the difference of religion to be a diriment impediment. To be valid, a dispensation has to be obtained for such a marriage (see Canon 1086).

Note also that in cases where a baptism is not recognized, the procedure for non-Christian marriages should be followed.

Procedure

Consultation with religious leaders from both traditions is encouraged, not only to discuss the details of the wedding ceremony, but also to prepare for and continue support of the marriage.

For such a marriage, The Rite for Marriage between a Catholic and an Unbaptized Person is to be used, except where dispensation from the canonical form has been obtained.

Double ceremonies are not allowed and the vows are not repeated. In other words, the Catholic Church does not permit two religious celebrations of the same marriage to express or renew matrimonial consent. However, cultural or ethnic ceremonies can be added to the marriage ceremony, so long as the vows are not repeated (Province of Chicago Ecumenical Guidelines)

Preparation

See Appendix C for the recommended outline to follow for optimum effective marriage preparation. This outline was designed for parishes with ample resources; not all parishes will be able to follow this exactly. See Appendix D for descriptions of the various marriage preparation programs offered through the Archdiocese. Appendix E has information about the FOCCUS Premarital Inventory. See Appendix F for information about Natural Family Planning.

Paperwork

A dispensation for disparity of cult is needed. A dispensation from canonical form is also required if the couple will be having someone other than a Catholic priest or deacon witness their vows. To obtain the dispensation, the Catholic party will be asked to affirm in some way (verbally or in writing) that he or she will promise to do all in his/her power to see that the children of the marriage be baptized and educated in the Catholic Church. The other partner is to be informed of these promises and responsibilities; the non-Catholic partner may feel a similar obligation because of his/her own religious commitment. No formal written or oral promise is required of the non-Catholic partner. In carrying out this duty of transmitting the Catholic faith to the children, the Catholic parent will do so with respect for the religious freedom and conscience of the other parent and with due regard for the unity and permanence of the marriage and for the maintenance of the communion of the family.
 
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