I am a Roman Catholic who is currently involved in a relationship with a divorced man who is filing for annulment at the Byzantine Church - because his previous marriage was taken place in the Byzantine Catholic Church in Anaheim, California. He was married to a Christian lady - Prebyterian, for 5 years, she did not convert.

Currently, he is finishing up his Questionaire Form for annulment. He's seeking for NON-CONSUMMATED MARRIAGE because he said that, sexual intercourse never occurred between them. By seeking for "Non-Consummated Marriage" annulment, how long does the process take in order for the annulment to be granted? Is "Non-Consummated Marriage" annulment hard to prove? Do I have hopes to marry this man at all?

Please help me with your answers and advice me what I should do.

Also, if it is God's Will to bond us as husband & wife, is it ok for me to perform our wedding in his church instead in the Roman Catholic Church.

Sincerely (Filled with worriness & concerns), Linda Nguyen - Orang County, California

(If it is not too much to ask, I would like to ask a prayer from you for my relationship to go according to God's will. Thank you so much for your time and May God Bless you and all the works you do for Him.

-- Linda My Nguyen (lindamynguyen@yahoo.com), September 13, 2002

Answers

If indeed, a marriage was not consumated, there would be grounds for a Writ of Nullity. However, I feel fairly certain that a tribunal would question a 5 year marriage with no consumation. A tribunal generally reviews marriages on a first come, first served basis; therefore, it may take some time. In the Houston-Galveston diocese, where I live, a tribunal review may take 18 months due to the backlog.

The best way to know for sure on your questions is to consult with your parish priest or the tribunal office of the diocese.

I will be praying for you. God Bless you.

-- john placette (jplacette@catholic.org), September 13, 2002.

Hello, Linda.

The first thing that I want to do is quote some passages from the Code of Canon Law by which marriage tribunals in the "Western" or "Latin" Church operate. In the case of your friend, the case will be before a tribunal of an "Eastern" church (Byzantine Catholic). I do not have a copy of the Eastern Code of Canon Law, so I cannot be sure that it contains provisions that are identical to the following, but I think that they must be similar:

Canon 1061 -- §1 A valid marriage between baptized persons is said to be merely ratified if it is not consummated. It is said to be ratified and consummated if the spouses have in a human manner engaged together in a conjugal act in itself apt for the generation of offspring. To this act, marriage is by its nature ordered and by it the spouses become one flesh.

------------ §2 If the spouses have lived together after the celebration of their marriage, consummation is presumed until the contrary is proven.

Canon 1085 -- §1 A person bound by the bond of a previous marriage, even if not consummated, invalidly attempts marriage. ------------- §2 Even though the previous marriage is invalid or for any reason dissolved, it is not thereby lawful to contract another marriage before the nullity or the dissolution of the previous one has been established lawfully and with certainty.

Canon 1141 A marriage which is ratified and consummated cannot be dissolved by any human power or by any cause other than death.

Can. 1142 A non­consummated marriage between baptized persons or between a baptized party and an unapprised party can be dissolved by the Roman Pontiff for a just reason, at the request of both parties or of either party, even if the other is unwilling.

So, at least in the Western/Latin Church, the following conclusions can be drawn:
(1) Non-consummation does not automatically cause invalidity.
(2) To be sure that there was no consummation, the Church would require something more than the word of only spouse. I don't know if the Church would require the sworn word of both spouses, or if medical evidence could be substituted (e.g., proof that a person was incapacited by paralysis), or some other reliable facts).
(3) If there really is proof of non-consummation, the pope can dissolve the union. If there is no proof, the tribunal would have to consider the case on other grounds -- e.g., the woman's complete unwillingness to bear children.

Oh, one other thing, Linda. If your friend is declared free to marry you, your marriage most certainly can take place in a Byzantine Catholic parish, though your pastor may be required to notify your Latin diocese's bishop of your plans.

God bless you.
John

-- J. F. Gecik (jfgecik@hotmail.com), September 15, 2002.