Possibility of Marriage Validation?

[Matrix2020]

Hi Everyone,

I have a question regarding the possibility and requirements of having my marriage validated. I married my wife, who is a baptized Protestant in her church a few years ago without receiving any permissions from the Church (I was baptized and confirmed but was not a practicing Catholic at the time). Since then, I have returned to the church, been attending Masses, and went to Confession, but I realize that I cannot receive Communion until my marriage is validated.

We have two children, who are being raised as Protestants, a promise I made to my wife before marriage. Since my return to the Church, we have agreed that we will teach the children about the Catholic faith, but they will continue to be raised/attend my wife’s Protestant services. I don’t want to go back on my promise to my wife, but would love to have my marriage validated. Is this at all possible? If so, what would be required of my wife (anything besides her baptismal and marriage certificate) and of me (being that I cannot in good conscience make the promise that I will do all that I can to rear and baptize my children in the Catholic faith)?

I am very unclear on how the validation process works if only one member is a Catholic. I appreciate any help to my dilemma.

Thanks in advance.

 

[kettle]

Start by making an appointment with your priest to discuss the matter. I’m sure someone with more knowledge and insight on this matter will be along to advise you, but that’s my best advice for you. I am happy to hear that you have returned home!

 

[puzzleannie]

you need to meet with your priest
there are too many variables that are not appropriate to air on this forum
you also have to follow his guidance on raising your children.

 

[Br.Rich_SFO]

Hi Everyone,

I have a question regarding the possibility and requirements of having my marriage validated. I married my wife, who is a baptized Protestant in her church a few years ago without receiving any permissions from the Church (I was baptized and confirmed but was not a practicing Catholic at the time). Since then, I have returned to the church, been attending Masses, and went to Confession, but I realize that I cannot receive Communion until my marriage is validated.

We have two children, who are being raised as Protestants, a promise I made to my wife before marriage. Since my return to the Church, we have agreed that we will teach the children about the Catholic faith, but they will continue to be raised/attend my wife’s Protestant services. I don’t want to go back on my promise to my wife, but would love to have my marriage validated. Is this at all possible? If so, what would be required of my wife (anything besides her baptismal and marriage certificate) and of me (being that I cannot in good conscience make the promise that I will do all that I can to rear and baptize my children in the Catholic faith)?

I am very unclear on how the validation process works if only one member is a Catholic. I appreciate any help to my dilemma.

Thanks in advance.

Speak with your pastor, if this is the only Mariage for either of you, I will be very simple and it may be possible for it to be validated without any participation on your part by Radical Sanation, if all that is lacking is the Bishops permission.

 

[Matrix2020]

Hello, thank you for all the responses. We will be going away on vacation, but I will make an appointment with my priest to discuss this. My wife said she would be willing to participate in the Convalidation if it is granted.

What is a Radical Sanation? I never heard this term before.

P.S. Thankfully, this is the first marriage for both of us and my wife is a Baptized Christian (although Protestant).

 

[cameron_lansing]

Here is the gist of it for information only. Let your parish priest figure out what should be done in your particular case. Canons 1161 - 1165 address it, and the code can be easily looked up on the internet these days, especially at the Vatican website.

A radical sanation of an invalid marriage is its convalidation without the renewal of consent.

That means the parties do not need to undergo a ceremony in which they exchange marital consent.

In individual cases, it can be granted by the diocesan bishop. The Apostolic See can grant them in bulk. It is in the nature of a grant or favor rather than of a right to receive one. The diocesan bishop or Apostolic See has to weigh the facts, and can give one, but neither is obliged to do so.

If there were an ecclesiastical impediment that made the marriage invalid, the sanation would include a dispensation from that impediment. Had canonical form not been observed (the Catholic did not “marry” in the Church and did not obtain a dispensation to do so), the sanation provides a dispensation for that.

A radical sanation is only granted when it is likely that the parties intend to persevere in conjugal life.

Now the term “sanatio in radice” literally means healing or curing in the root.

Unless the diocesan bishop or Apostolic See says otherwise in a particular case, it is understood to be retroactive to the moment the marriage was originally celebrated, albeit invalidly.

It is most often sought when a Catholic and non Catholic are in an invalid marriage. Usually the Catholic did not “marry” in the Church and did not obtain a dispensation to do so. The undispensed lack of the Catholic form of marriage would have invalidated it though. In fact, that marriage would enjoy not a hint of validity according to canonical thinking.

However, the non Catholic believes that the original ceremony was sufficient to establish a valid marriage. Sometimes Catholics hold this error too.

So if the parties were to remedy the invalid marriage by a proper celebration according to canonical form, or obtained a dispensation to marry in another form, it is possible and even likely that they would not give true marital consent at that second ceremony that really counted.

So for safety sake, sometimes a radical sanation is sought rather than a simple convalidation.

 

[Matrix2020]

Thank you for your very detailed and informative description. When I go to Mass tonight, I will speak with my priest and make an appointment to see what my options are.

 

[benedictgal]

Hello, thank you for all the responses. We will be going away on vacation, but I will make an appointment with my priest to discuss this. My wife said she would be willing to participate in the Convalidation if it is granted.

What is a Radical Sanation? I never heard this term before.

P.S. Thankfully, this is the first marriage for both of us and my wife is a Baptized Christian (although Protestant).

There is one detail that does trouble me in your post. In the marriage rite, during the consent, you must promise to rear your children according to the laws of Christ and his Church. This is very important. As the Catholic party in all of this, you are obligated to rear your children as members of the Church. This is an important and integral part of the marriage rite.

Now that you have made significant strides in reconciling yourself with the Church, you need to explain this portion to your wife. Bottom line is that you need to promise (and keep that promise) that your children will be reared Catholic. I don’t think that there are any loopholes to this.

 

[Matrix2020]

I have made an appointment with my priest and we will discuss this futher. This promise troubles me too, as my wife is (and was) a very strict and dedicated Protestant, which is why I had to make her this promise. I know there probably aren’t many “loopholes” around this, but I’m sure the church would not support our marriage being dissolved due to me having to start raising our children as Catholics after they have been being raised as Protestants.

 

[benedictgal]

I have made an appointment with my priest and we will discuss this futher. This promise troubles me too, as my wife is (and was) a very strict and dedicated Protestant, which is why I had to make her this promise. I know there probably aren’t many “loopholes” around this, but I’m sure the church would not support our marriage being dissolved due to me having to start raising our children as Catholics after they have been being raised as Protestants.

I am not an expert in canon law, however, part of the consent that the couple gives in the marriage rite involves the promise to receive children lovingly from God and to raise them according to the laws of Christ and His Church. This is something very serious.

Now, they don’t have to be re-baptized, provided that the appropriate Trinitarian formula was used. They do, however, need to be fully initiated into the Church (First Penance, First Holy Communion, and later on, Confirmation).

 

[SMHW]

The ages of the existing children have not been given.

If they are over the age of reason, then the children themselves would have to take an active role in chosing to be initiated into the Catholic Church.

I think that the real issue which needs to be discussed with each other and with the priest is whether any future children will be raised as Catholics.

In the case where a Catholic marries a non-Catholic only the Catholic promises to do all in his/her power to raise the children as Catholics. The non-Catholic is informed of the Catholic’s responsibility but does not have to agree to assist (or even agree not to interfere.) But for the good of the marriage it would be prudent to have some kind of an understanding.

 

[Andreas_Hofer]

I have made an appointment with my priest and we will discuss this futher. This promise troubles me too, as my wife is (and was) a very strict and dedicated Protestant, which is why I had to make her this promise. I know there probably aren’t many “loopholes” around this, but I’m sure the church would not support our marriage being dissolved due to me having to start raising our children as Catholics after they have been being raised as Protestants.

The ages of the existing children have not been given.

If they are over the age of reason, then the children themselves would have to take an active role in chosing to be initiated into the Catholic Church.

I think that the real issue which needs to be discussed with each other and with the priest is whether any future children will be raised as Catholics.

In the case where a Catholic marries a non-Catholic only the Catholic promises to do all in his/her power to raise the children as Catholics. The non-Catholic is informed of the Catholic’s responsibility but does not have to agree to assist (or even agree not to interfere.) But for the good of the marriage it would be prudent to have some kind of an understanding.

This is simply an issue on which you’ll need really good counselling from your priest - probably from several priests, for that matter, since it is such a momentous matter. As SMHW points out, the Catholic is not bound by an absolute obligation (as was the case in years past) to raise the children Catholic, but only to do “everything in his power.” If raising the children Catholic posed a danger of breaking up the union itself, that would certainly be an example of a time when the Catholic party might be allowed to “tolerate” non-Catholicism. It would certainly be wrong to comply in the Protestantization of one’s children or to do anything less than one’s utmost to raise them Catholic while preserving the marriage, but there might be some wiggle room if the two ends are incompatible. The bottom line, it’s a very delicate situation, and you need very competent help to analyze the specifics of your individual case.

 

[Deacon_Ed_B]

Jumping from the first few posts, to the end…an invalid marriage does not make your children illegitimate. I am guessing that is your question. You are correct in that you cannot receive Communion until you have your marriage convalidated. Talk to your priest, and he should be able to guide you as to the best route to take.
Deacon Ed B

 

[benedictgal]

Jumping from the first few posts, to the end…an invalid marriage does not make your children illegitimate. I am guessing that is your question. You are correct in that you cannot receive Communion until you have your marriage convalidated. Talk to your priest, and he should be able to guide you as to the best route to take.
Deacon Ed B

Deacon Ed:

What about the issue of the children and the Catholic party’s promise to raise them according to the laws of Christ and his Church? Remember, that is also a big part of the consent when you or the priest asks the couple (after the line wherein in states, Chirst abundantly bless this love…):

Will you accept children lovingly from God and raise them according to the laws of Christ and his Church?

That is part and parcel of the whole thing.