Talking to priest about not needing an Annulment

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We use the same form here at our Tribunal.

And, that’s tangential to the original question, “should I message the priest or wait to see him in person?”

The document list I gave is what is needed, and they should meet with the priest in person.
 
The form is often the same, and of course, you are correct about the needed documents. But for clarity’s sake, the terms do mean different things.
 
In my case the tribunal wanted an interview. But mine was much more complex. Even though it was complex, it only took four months.
 
Diaconia said:
We use the same form here at our Tribunal.
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While there might be a common form, they are not the same thing. I think it’s really important to be accurate on this particular subject.

A defect of canonical form would happen if the marriage is celebrated according to canonical form but has something about it that is defective.

A lack of canonical form is a marriage that occurs outside Catholic form without dispensation.
 
I have amended the post to read “Lack of Form.”

Nothing changes for the original poster:
  • Wait until you meet with the priest in person
  • Compile the baptismal records, marriage license and divorce decree
  • Involve your fiancé as this is his issue to resolve
I will add “don’t fret” to the above list - documentary cases are simple and quick. All of this will be sorted out well before your wedding next year.

God bless,
Deacon Christopher
 
Diaconia said:
Nothing changes for the original poster:
  • Wait until you meet with the priest in person
  • Compile the baptismal records, marriage license and divorce decree
  • Involve your fiancé as this is his issue to resolve
I will add “don’t fret” to the above list - documentary cases are simple and quick. All of this will be sorted out well before your wedding next year
Click to expand...
I appreciate you taking the time to help. I understand the differences in the term now, so thanks also to previous posters. I feel very relieved and like I understand the process much better.
 
I will tell you something to help speed up the process. Contact your fiancee’s baptismal parish, ask for his official baptismal certificate with notations. (Actually, you will both need this from your baptismal parish). The pretty keepsake copy mom and dad have does not work for the marriage packet.
 
My wife and her first husband were the same way. We didnt have to do an annulment but she filled out paper work that was sent to the bishop
 
I would say it’s not so much that it doesn’t have to be proven as that it is easy to prove.
 
Actually they do. Had neither party been baptized Catholic at the time of the civil union it would be seen as a valid marriage.
 
Thank you for the further explanation. Regarding what you’ve said here - we did have a chance to meet with our priest and he did confirm that the civil union lacked canonical form, but that we still have to go through all of the motions of annulment and get the “OK” from the Bishop, as he put it.

My fiance had to fill out several forms with our priest (pardon my ignorance as I was not a part of this, I simply sat and observed and do not know what forms they were) and answer many questions about his ex-wife. He was also given a form to take home that requires him to answer questions about his current intentions (whether he intends to remarry) and 3 pages of essay questions that request detailed information about meeting his ex, their marriage, what caused them to separate and their divorce - these questions are titled “GROUNDS OF NULLITY”.

Our priest has been very helpful with the process as everyone advised he would be. We’ve just been following his instructions and I’ve obviously let my fiance take the reins on it. It’s just a bit confusing because it does feel as though it’s a judicial process, but I understand that it’s all for the sake of confirmation that my fiance is free to marry.
 
Gee, that doesn’t sound right. In our diocese, under our former bishop, Father dealt with that in the pre-nuptial investigation. Civil marriage? No notation of marriage on the baptismal certificate? Divorce papers? Done, you were never validly married and are free to marry.
 
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slomotion said:
3 pages of essay questions that request detailed information about meeting his ex, their marriage, what caused them to separate and their divorce - these questions are titled “GROUNDS OF NUL
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This is certainly unusual in a lack of form situation. There really should be no reason for a questionnaire—the civil marriage certificate, divorce decree, and baptismal certificate with no notations should be sufficient.
 
In our diocese lack of form cases require a shorter form but still go through the diocesan tribunal office. It is called a documentary case.
In addition to baptismal marriage and divorce certificates affidavits from 2 witnesses are required.
 
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Our diocese requires the process to go through the Tribunal as well, but wouldn’t require essay questions about the first relationship in a documentary case, especially marked “Grounds for Nullity.” That part seems odd.
 
That doesn’t sound right, if the marriage lacked canonical form it is a one page form plus the documentation such as licenses,
Etc.

I suggest she contact the diocesan tribunal office for clarification.
 
I did think it was odd too, and we didn’t know what to do but defer to him.
Mi_Rose said:
It is called a documentary case.
In addition to baptismal marriage and divorce certificates affidavits from 2 witnesses are required.
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I believe he did refer to it as a documentary case.
Also - I made a mistake in one of my original posts. His wife WAS baptized Catholic - they just weren’t practicing and received no dispensation. Our priest did not seem to think this would affect the process.

Also, the only witness to the civil marriage was the Justice of the Peace. I’m not sure if it affects him.

So this is simply a call to the office of our diocese? I’m not sure how to phrase my questions - I feel awkward questioning our priest. Can harm be done by doing what he asks if it’s not necessary?
 
I think 1Ke gave you good advice. Your fiancé (not you) should call the Tribunal and explain that he and another baptized Catholic entered into a civil ceremony with no dispensation and were later civilly divorced.

Ask for the specific forms that need to be completed. Priests are wonderful—but they do sometimes make errors.
 
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