JohnnyK:
Hi–after returning to the Catholic Faith a year or so ago (never really went away, just didn’t do much to practice other than the Christmas/Easter masses), I am attempting to have my marriage convalidated via a Radical Sanation (my wife is Jewish and we were married 16 yrs ago by the local mayor).
My Pastor never saw the form before my asking and was unaware of the procedure. he has asked if we both can come in to speak with him. Is there a requirement that he speaks to both of us? I pretty much know my wife will not go for it (she wouldn’t go for a Convalidation ceremony, etc) as she feels we are married. If I need to do something to be able to practice my religion fully, she will not interfere, but she really wants no part of it, as it does not affect her & she is not confortable with the Catholic faith.
I read previously that the Catholic spouse could do this by themselves. Is this true? I hope someone can give me confirmation of this as I really do want to return to the Church fully & be able to receive Communion.
Congratulations on doing the right thing. May God bless you both. Perhaps this may help.
Normally the priest will speak with you both and conduct a normal prenuptial investigation even in the case a radical sanation. You might recontact him with your concerns though, and there might be some accomodation possible.
Don’t bother downloading some internet form though, unless it’s from your diocese.
Radical sanation is a reasonably uncommon thing, and your parish priest may be facing it for the first time. Invite Father to read canon 1161 - 1165 and to contact the office of the bishop or the chancellor his diocese for the local procedures. He could also consult his diocesan tribunal, and someone there could elaborate on it.
The radical sanation or “healing to the root” of an invalid marriage is its convalidation without the renewal of consent. It is granted by the diocesaan bishop in most normal cases, but it could require the Apostolic See in certain cases.
The grant of a radical sanation would includes a dispensation from the impediment of disparity of cult in your case since your spouse is not baptized. But for added safety, the diocese might require have the priest to document the impediment and even to request the dispensation explicitly.
Before the diocesan bishop can grant the radical sanation, it must be probable that you and your wife will perservere in the marriage. This is what the priest would probably need to ask her. He will also need to establish her freedom to marry as well as yours, since we do that in all cases. In the normal course of events, she must be informed of your promises to persevere in the faith and have the children baptized/raised Catholic to the best of your abilities.
While a radical sanation can be validly granted even without the knowledge of one or both of the parties, this is not to be done without a serious reason. The priest might discuss this with you after speaking with someone from the diocese.
But radical sanations are often granted when one of the parties is unwilling to go through the process of a simple convalidation. This is another wedding ceremony in which the parties must give new consent. To do this would require their belief that the first ceremony (i.e., the justice of the peace wedding) did not create the bond of marriage. Often non Catholics do believe that the first ceremony was effective. So they wouldn’t want another ceremony, and probably wouldn’t give valid consent at it. They would just see it as refreshing or calling down God’s approval on something already valid.
But since Catholics cannot validly marry the non baptized without a special relaxation of Church law called a dispensation, as you know, the Church would not consider this marriage valid. As well, an additional reason for its invalidity exists in that Catholics are normally required to marry “in the Church” or receive a dispensation to do otherwise.
Again, though, every wish for God’s blessing as you do this.
