Question re radical sanation

[felsguy]

Generally speaking, can a radical sanation be granted in the case of a Catholic couple married outside the norms of the Church but otherwise free to marry but one party refuses to have the marriage convalidated?

My inclination is to say yes but in the few similar instances I have encountered it was always a non-Catholic party who objected.

In actuality, a slightly different wrinkle. A baptized Lutheran married years ago to a “fallen away Catholic,” married outside the Church but otherwise both free to marry, now wishes to be received into the Church but the Catholic (husband, couldn’t you guess ) “wants no part of any of that stuff.”

 

[Cor_ad_Cor]

I’m not an expert on resolving irregular marriage situations, but I would recommend when you meet with someone at your parish (i.e., clergy), LEAD with the information that you’re converting. I would think this would actually play a key part in what options are available to you.

(Your first paragraph had me thinking this was a case of two disobedient and obstinate Catholics seeking to circumvent the normal procedures.)

 

[phil19034]

Yes, in theory a Radical Sanation might be possible in this situation.

Based your first paragraph, what we have here are two baptized Catholics who were not practicing the faith. They married married outside the Church for whatever reason, and now one of them has reverted back to the Church and would like to regularize their marriage.

Depending on the reasons they didn’t marry in the Church, etc. a Radical Sanation might be possible. However, the Church is going to ask the reverting spouse to do everything possible to have the convalidation (without damaging the marriage).

The priest might even ask the spouse to try for a few months. Then, if the other spouse is still unwilling to have the convalidation, the revert would most likely be able to apply for the Radical Sanation.

However, there is no guarantee the Bishop will approve (though he most likely will if your priest is on your side). It really all depends on the testimony of what happened, and that the Church feels it can vouch for the marriage.

NOTE: the revert might need to ask for a Radical Sanation by name. Many priests are unaware of it, or may be unaware of the procedure because it’s so rare in the United States (unfortunately). Parishes might not even have the paperwork at the parish, and might need the diocese to send them the form. The procedure will most likely require a different form from the typical one the parishes use for weddings & convalidations. Also, the procedure will always conclude with an update to the Baptismal Records, so the marriage is official once the Radical Sanation paperwork comes back signed and sealed by the Bishop. Then, they should file a copy with the parish they were baptized at.

I pray this helps. God Bless

 

[CB_Catholic]

Generally speaking, can a radical sanation be granted in the case of a Catholic couple married outside the norms of the Church but otherwise free to marry but one party refuses to have the marriage convalidated?

My inclination is to say yes but in the few similar instances I have encountered it was always a non-Catholic party who objected.

In actuality, a slightly different wrinkle. A baptized Lutheran married years ago to a “fallen away Catholic,” married outside the Church but otherwise both free to marry, now wishes to be received into the Church but the Catholic (husband, couldn’t you guess ) “wants no part of any of that stuff.”

This is the situation my mother is in and her priest told her she could have the marriage validated without the cooperation of her husband (They are both Catholic, but my mother was previously married and divorced, and her former husband has died, leaving her free to marry in the Church). But these are the type of questions that need to be answered by the clergy, not on an internet forum, because all the information that is needed is not available, and few of us are Canon lawyers.

 

[Oneofthewomen]

Generally speaking, can a radical sanation be granted in the case of a Catholic couple married outside the norms of the Church but otherwise free to marry but one party refuses to have the marriage convalidated?

It can happen, because this is exactly what happened in my case.

It was a pretty straightforward process. I was the one looking to validation, so my spiritual director (a priest) & I wrote a petition to the Bishop, outlining the whole story as to why we were not married in the Church and why a simple convalidation was not an option. Then I waited. Took about 6 weeks, not I counting the months of intense work with my spiritual director coming to the decision to even try.

In the end, I am glad I did it, yet the 6 weeks of waiting were agonizing!

 

[OraLabora]

I too was in similar circumstances. I married outside the Church when I was lapsed, to an unbaptized wife who eventually was baptized in the Anglican Church just after I reverted. At that point my wife was not interested in convalidation, but a few years later I decided to try for radical sanation based on the previous non-cooperation. Neither of us had any impediments (no previous marriages).

The chancellery office very adamantly persuaded me to try to see if my wife was open to convalidation first. I was hesitant based on her previous refusal, but to my surprise she immediately agreed so we had our marriage convalidated instead a few months later once all the paperwork was processed, on the anniversary of the day we first met. We needed updated baptismal certificates. Mine arrived 2 days after I called the parish I was baptized in, where I hadn’t set foot since that baptism some 54 years previously. My wife’s Anglican certificate took a full two months to receive

I was surprised at the Anglican diocese’s lack of efficiency.

 

[felsguy]

Thanks to all who have replied. Unfortunately I see that I need to clarify a few points.

First, I am not one of the parties in the situation I am asking about. Because I have been involved with our parish RCIA for many years and have filled in as its co-ordinator on the several occasions when our DRE position was vacant, our newly hired DRE called me this afternoon to ask how she might handle this particular situation. Not having access to any of my resources since I was in my car on my way to a baseball game and because she was meeting with the lady in question shortly, I was hoping to get a quick answer as to whether a radical sanation was even possible as an option. I apologize that my original post wasn’t clear or detailed enough but it was made by phone on the side of the highway.

The situation: a) a non-practicing Catholic man and a baptized (Lutheran) woman marry outside the Church; b) both were free to marry at the time; c) the wife now wishes to enter the Church (let’s not get into this part here); d) the husband, still non-practicing, apparently refuses to go through a convalidation.

The question: Is a radical sanation possible given that the objection to a convalidation is coming from the the Catholic party in the original “marriage.”

Home now and checking the application forms from several dioceses, I find them referring to situations where 1) the attempted marriage was between a Catholic and a non-Catholic and the non-Catholic objects to the convalidation OR it was between two Catholics and one party objects. Unfortunately neither of these is the situation I have described.

Timeliness is no longer quite an issue and I realize that it will be up to someone in authority to make a final determination but I would appreciate any additional clarification someone might provide so I can pass it on to our DRE.

 

[phil19034]

Thanks to all who have replied. Unfortunately I see that I need to clarify a few points.

First, I am not one of the parties in the situation I am asking about. Because I have been involved with our parish RCIA for many years and have filled in as its co-ordinator on the several occasions when our DRE position was vacant, our newly hired DRE called me this afternoon to ask how she might handle this particular situation. Not having access to any of my resources since I was in my car on my way to a baseball game and because she was meeting with the lady in question shortly, I was hoping to get a quick answer as to whether a radical sanation was even possible as an option. I apologize that my original post wasn’t clear or detailed enough but it was made by phone on the side of the highway.

The situation: a) a non-practicing Catholic man and a baptized (Lutheran) woman marry outside the Church; b) both were free to marry at the time; c) the wife now wishes to enter the Church (let’s not get into this part here); d) the husband, still non-practicing, apparently refuses to go through a convalidation.

The question: Is a radical sanation possible given that the objection to a convalidation is coming from the the Catholic party in the original “marriage.”

Home now and checking the application forms from several dioceses, I find them referring to situations where 1) the attempted marriage was between a Catholic and a non-Catholic and the non-Catholic objects to the convalidation OR it was between two Catholics and one party objects. Unfortunately neither of these is the situation I have described.

Timeliness is no longer quite an issue and I realize that it will be up to someone in authority to make a final determination but I would appreciate any additional clarification someone might provide so I can pass it on to our DRE.

The Radical Sanation is still a possibility. The DRE should make no promises, and I would recommend that the convert be referred to a priest or Deacon.

 

[1ke]

The question: Is a radical sanation possible given that the objection to a convalidation is coming from the the Catholic party in the original “marriage.”

Yes. It is possible. Nothing in the law prevents it in the situation you refer to:

vatican.va/archive/ENG1104/__P47.HTM

However, just a caveat, there may be something in the specific situation that precludes radical sanation. The person needs to take this to the pastor.

 

[felsguy]

Thanks again for the responses. At this point the DRE and as of Sunday morning I myself had had very preliminary conversation with the lady in question. I’ve found that nothing dashes the excitement of someone eager to join the Church only to discover that in the eyes of the Church they are in an invalid marriage . I have seen this compounded by the fact that their spouse is not very supportive of their"conversion" in the first place and/or even may be hostile to the Church in general. The DRE and I simply want to be aware of all the options as we proceed.

The DRE and I are well aware that decisions to be made and actions to be taken, and even the discussions to be had, regarding the marital situation are to be done by the pastor.