Validity of marriage between a Catholic and a non-Christian, under dispensation

[God_Seeker]

Is marriage between a Catholic and a non-Christian, under dispensation, exactly equal to a Sacramental marriage betwen two Catholics?

In case of conflicts of faith and other valid reasons, if the Catholic does not want to continue, WILL IT BE A SIN? Or is it permitted?

 

[1ke]

Is marriage between a Catholic and a non-Christian, under dispensation, exactly equal to a Sacramental marriage betwen two Catholics?

It is presumed valid, but not a Sacrament. A Sacrament can only take place between two baptized persons.

In case of conflicts of faith and other valid reasons, if the Catholic does not want to continue, WILL IT BE A SIN? Or is it permitted?

This should be answered in consultation with a priest. There are some options for a Catholic married to an unbaptized person under Canon Law. However, this requires the assistance of your priest and diocese to examine the specific case.

 

[God_Seeker]

Thank you 1ke for your reply. But I am badly in need of an answer.not free to consult anyone on my own…could anyone help? I strongly feel I made a very big mistake and my mind is not able to take in and accept many points which I never thought could be a problem.

 

[1ke]

Thank you 1ke for your reply. But I am badly in need of an answer.

The only accurate assistance will come from your diocese.

not free to consult anyone on my own…could anyone help?

I do not understand why not. Call your diocese or your priest. Your priest will hold your conversation in confidence.

I strongly feel I made a very big mistake and my mind is not able to take in and accept many points which I never thought could be a problem.

If you are convinced that you cannot stay in your marriage to an unbaptized person, then the correct course of action is to contact your priest and your diocese.

You will need to go through a civil divorce proceeding and then seek a dissolution of the marriage bond or an annulment through the Catholic Church.

We cannot help you here, you need to contact your priest.

 

[puzzleannie]

Thank you 1ke for your reply. But I am badly in need of an answer.not free to consult anyone on my own…could anyone help? I strongly feel I made a very big mistake and my mind is not able to take in and accept many points which I never thought could be a problem.

there is no possible way on this forum to examine all the aspects of a personal marriage situation and even hazard a guess as to what the canon law judgment would be. That is why we have pastors, and diocesan marriage tribunals. An opinion you receive here would have no value to you.

 

[gmarie21]

You will have to go through the annulment process. My dd’s dad married a non-baptized and they have divorced. They married in a Catholic Church (but he does not remember receiving a dispensation, the priest doesn’t really do many things according to what is required of a Catholic priest so he may have skipped that part and married them anyway without permission from the bishop). So, even though he married a non-baptized and she filed for the divorce, he MUST go through the annulment process. However, with what you are going through, you should seek counsel from a priest. He will also help you if and when the annulment process begins.

 

[Br.Rich_SFO]

Is marriage between a Catholic and a non-Christian, under dispensation, exactly equal to a Sacramental marriage betwen two Catholics?

In case of conflicts of faith and other valid reasons, if the Catholic does not want to continue, WILL IT BE A SIN? Or is it permitted?

A Marriage between a Catholic and a non-Baptized person is a natural Marriage, NOT a Sacramental Marriage. It also is automatically an invalid Marriage if a dispensation is not received from the Bishop.

 

[whosebob]

You will have to go through the annulment process.

JMJ + OBT​

As another forums member noted, a marriage between a Catholic and a non-Christian, when the proper dispensation is given by the bishop, is considered canonically valid and blessed by the Church, but is not considered to have the character of a sacrament. It is possible for such a marriage, upon investigation, to be declared null by the Catholic Church, and for the same reasons that a sacramental marriage might be declared null; in fact, the investigation and trial process would be the same.

It is also possible for the Catholic spouse (or even the non-Christian spouse, if later he/she converted and the marital separation was never reconciled) to petition the Pope for his exercise of what’s called the “Petrine Privilege” – in which case the valid but non-sacramental marriage (already ended according to civil law) is dissolved (not just declared null or dispensed) in favor of either (a) sacramental marriage, (b) entrance into religious life. For the latter, the superior general of the community to which entrance is sought must already have agreed in writing to accept the (wo)man as a candidate, and though the decree from the Pope is to be sought before the candidate becomes an aspirant/postulant, the dissolution is only understood to take place simultaneously as he/she makes final profession of vows some year later. In fact, if the (wo)man doesn’t persevere and leaves the community prior to final profession, he/she will still be married in the eyes of the Church.

In the Hearts of Jesus and Mary.

IC XC NIKA

 

[Struggling]

1. What is the “Petrine Privilege”?
   A Petrine Privilege or Privilege of the Faith is a dissolution of marriage in which at least one of the parties to a previous marriage was non-baptized throughout the entire duration of their married life. If the petitioner is the non-baptized party or was baptized in another Christian church, he or she must either wish to be baptized or received into the Catholic Church, or seek to marry a baptized, practicing Catholic. If the petitioner is a baptized Catholic who was married to a non-baptized person, he or she must either wish to enter into marriage with a baptized Christian, or promise to enter marriage with a baptized Christian in the future. Privilege of the Faith cases involve a special petition to the Holy Father and are decided in Rome.

Basically, since it was not technically sacramental…there is more wiggle room. Merely natural marriages can theoretically be dissolved (there is nothing in natural or divine law absolutely against it: divorce in the law of moses, etc…) but due to Christ’s strong words the Church still holds even natural marriages as valuable and worthy of being kept together and so only will dissolve them in “favor of the faith” that is to say if the baptized party is doing it to marry another baptized (a sacrament trumps the natural marriage) or join the Church, or if the non-baptized party wants to be baptized and/or marry a Catholic…

So, yes, there are ways to get out of such a marriage. Only a validly ratified and consummated marriage between two baptized parties (in otherwords, a sacramental marriage) is totally indissoluble

 

[whosebob]

[T]he Church still holds even natural marriages as valuable and worthy of being kept together and so only will dissolve them in “favor of the faith” that is to say if the baptized party is doing it to marry another baptized (a sacrament trumps the natural marriage) or join the Church, or if the non-baptized party wants to be baptized and/or marry a Catholic …

JMJ + OBT​

It is also possible to ask the Pope to dissolve such a marriage in favor of the petitioner’s entrance into religious life. Though the petition must be made and granted even before the petitioner becomes an aspirant/postulant within a religious community (whose superior general must have already agreed in writing to accept him/her as a candidate), the dissolution does not formally take effect until he/she makes final profession of vows, and does not take effect at all if he/she leaves the community prior to final profession. However, once final profession is made, the dissolution of marriage is understood to be permanent even if the (wo)man in question were later dispensed from his/her religious vows.

By the way, only rarely has the Petrine Privilege been petitioned for and (and so also rarely granted) in favor of the petitioner’s entrance into religious life, so even seasoned canon lawyers or other diocesan staff who work with marriage tribunals (and related matters, e.g. Pauline Privilege cases) may not be aware that it is possible to make such a request. The canonical precedent upon which such petitions may be made can be found in Canon Law Digest (CLD), Vol. 10, p. 114.

In Christ.

IC XC NIKA

 

[MusicMan]

Could the Petrine Privilege be invoked for a man wishing to become a Diocesesan Priest?

 

[whosebob]

Could the Petrine Privilege be invoked for a man wishing to become a Diocesesan Priest?

JMJ + OBT​

To my understanding, no.

Sacramental marriage and the profession of religious vows raise a man and/or woman to a “canonical state” which the Church considers higher than that of a single (wo)man or those of men and women in natural marriages. It is the fact that the former are “higher states” than the latter that allows a natural marriage to be dissolved in favor of a sacramental marriage or religious profession.

However, it is my understanding that when an ordinary layman or a consecrated layman is ordained to the sacerdotal priesthood (i.e. receives the Sacrament of Holy Orders), the Catholic Church does not consider him to be raised to a canonical state which is “higher” than that in which he previously lived (though he certainly does enjoy new privileges and responsibilities in the life of the Church). Therefore it is not possible for a valid but non-sacramental marriage to be dissolved in favor of religious profession, i.e. the dissolution would not in that case be granted in favor of a higher state.

I am not a canon lawyer, so you may wish to check with an expert before taking my reasoning as solid fact, though it is based on the professional opinion of actual canon lawyers I’ve spoken with.

In the Hearts of Jesus and Mary.

IC XC NIKA

 

[stbruno]

familyministries.org/www.inthespiritofcana.org/2.6.11.htm

Here’s the link from our diocese in regards to a Catholic marrying someone who is non-Christian.