Terminology question: "invalid" marriage

[FrDavid96]

Fr. David, is it then possible for the priest to petition for a dispensation and convalidate the marriage through a radical sanation without involving the couple?

The bishop could do that (theoretically). But until the issue of the baptism (or lack of it) is actually investigated, and it’s proven with certainty that no baptism happened, that marriage still enjoys the favor of the law.

I do not see how someone’s baptism (or lack of it) could be investigated without involving the person himself. So, practically speaking, it’s not possible. I cannot see how a bishop could determine that “John Doe, who thought he was baptised at the time of the marriage, was later found to be never baptised” without involving John Doe in the process.

 

[Phemie]

The bishop could do that (theoretically). But until the issue of the baptism (or lack of it) is actually investigated, and it’s proven with certainty that no baptism happened, that marriage still enjoys the favor of the law.

I do not see how someone’s baptism (or lack of it) could be investigated without involving the person himself. So, practically speaking, it’s not possible. I cannot see how a bishop could determine that “John Doe, who thought he was baptised at the time of the marriage, was later found to be never baptised” without involving John Doe in the process.

I was more thinking that, once the priest finds out that the person who had been believed to be a baptized Christian is in fact not baptized, rather than telling the couple that they are not validly married, he could simply petition the Bishop and quietly go about getting a radical sanation.

 

[FrDavid96]

I was more thinking that, once the priest finds out that the person who had been believed to be a baptized Christian is in fact not baptized, rather than telling the couple that they are not validly married, he could simply petition the Bishop and quietly go about getting a radical sanation.

I can see that as a possible pastoral solution, while at the same time urging caution that keeping information like that from the couple can sometimes cause other problems. I once knew a couple who had their marriage sanated, but learned of it several years after the sanation. They were quite offended that they weren’t told.

Personally, if I ever had a situation where a man thought he was baptized, thought he was married, then later discovered that neither sacrament actually occurred, I would really hesitate to keep from him the fact that I petitioned for a sanation. I imagine that, in situations like that, openness would be the order of the day.