hiya, my catholic fiance was married to a woman of a methodist faith for 15 years. After a troubled marriage due to difficulties concerning her suffering from clinical depression,she committed adultery. He is now separated from her for 3 years, and is filing for divorce. They were married in her church (Methodist)We would like to get married in our own church, and uphold all the laws of the catholic church. Is this possible? Does he need an annulment. i would be grateful for any response.

Many Thanks

-- claire o'reilly (skthoney84@hotmail.com), April 19, 2004

Answers

Claire,

Yes, your fiance must go through an annulment process. That being said, however, given the facts you have related it should be a relatively easy and brief "documentary process."

What we're dealing with here is a "lack of form" case. By canon law all Catholics are obliged to be married in a Catholic ceremony. Presuming a Catholic priest didn't participate in this wedding at the Methodist church the process is relatively simple. He'll need to submit three documents. A.) A baptismal certificate - this would show he is Catholic and therefore was obliged to the Catholic form of marriage; B.) A copy of the marriage license - this will show he was not married in the Catholic church; C.) a copy of the final divorce decree. Given those, the Tribunal will double-check to make sure no dispensations were granted and if not will issue a finding of nullity relatively quickly. The exact length of time depends on the workload of the Tribunal in your diocese. They should be able to give some rough estimate when everything is filed.

Hope that's helpful.

-- Fr. Mike Skrocki, JCD (cand) (abounamike@aol.com), April 19, 2004.

thank you Father,

So would it be best for us to go and see a priest in my diocese so as to confirm what you have said. From recent research on the internet, i have found varied advice, one such site being found at http://www.rcsouthwark.co.uk/nullity.html :

" What if I was married outside the Catholic Church? Catholics are bound to marry according to the Catholic form of marriage, unless they are dispensed. So if a Catholic has married in a non-Catholic Church, or in a register office, without this dispensation being given, the marriage is invalid. Both parties to such a union can be declared free to marry, enabling each of them to enter a new marriage."

But before my fiance is declared free to marry, he must go through the annulment process?

Many thanks for your quick response father.

Claire x

-- claire o'reilly (skthoney84@hotmail.com), April 19, 2004.

Claire,

Yes, the annullment process results in the finding of nullity. But as I said this is a very abbreviated "process" in a lack of form case. Consult your local pastor or your diocesan Tribunal.

Hope that's helpful.

-- Fr. Mike Skrocki, JCD (cand) (abounamike@aol.com), April 19, 2004.

Claire,

Do not be shocked by what I am about to point out:

-your 'fiance' is still married

-until he is divorced if ever and his marriage is declared null if ever any relationship beyond brother/sister/friend is objectively sinful and as such places your immortal soul in danger...

-suggest you speak with a Priest about what you should be doing now while you plan...

-- Daniel Hawkenberry (dlm@catholic.org), April 19, 2004.

Claire,

What Daniel says is his own opinion and in no way reflects the teaching of the Catholic Church. According to the Catholic Church, your fiance is considered not married, as he has never participated in a marriage ceremony which met even the minimal standards of canonical form. It is if I were to go up to a random man and woman on the street and say, "I now pronounce you husband and wife." It just doesn't come even close to counting as a legitimate marriage ceremony.

What you

-- Mark (aujus_1066@yahoo.com), April 19, 2004.

Mark

what you state is opinion...

- this is for you...

-what I stated is fact -there has been no divorce... Are we as Catholics supposed to facilitate the break of potentially non- sacramental or invalid marriage?

-my point in making my post was twofold: concern for claire in addition to doing what I consider my part as a Catholic, that of upholding marriage (Catholic teaching)...

-acceptance & pursuit of Truth should apply to ALL of us -ALL parties involved in any situation...

I myself can not nor will not readily dismiss a presumed valid marriage; in fact, I will recognize it...

-- Daniel Hawkenberry (dlm@catholic.org), April 20, 2004.

I myself can not nor will not readily dismiss a presumed valid marriage; in fact, I will recognize it...

Except that according to canon law it is not a presumed valid marriage.

-- Mark (aujus_1066@yahoo.com), April 20, 2004.

Mark,

Careful on jumping the gun here. Canon Law presumes ALL marriages to be valid until PROVEN otherwise. Until this gentleman proves his case to a Tribunal the Church presumes he is validly married.

-- Fr. Mike Skrocki, JCD (cand) (abounamike@aol.com), April 20, 2004.

Father Mike,

I was following this paragraph from "The Impediment of Ligamen in Multiple Marriages," a JCL thesis by Rev. Mark Pautler:

When a Catholic attempts marriage in the presence of a civil or non-Catholic minister, assuming no dispensation from canonical form has been granted, such a union would be considered a nullum marriage: an invalid marriage which lacks the species or appearance of marriage and which does not enjoy the presumption of validity. No judicial process is required for the spouses to separate and they are able to contract new marriages.

-- Mark (aujus_1066@yahoo.com), April 20, 2004.

thank you for all your help. i think i know what i have to do. many thank again

xoxo

-- claire o reilly (skthoney84@hotmail.com), April 21, 2004.

Mark,

What you've quoted is technically accurate. A judicial process is not required for a lack of form case. However, a documentary process is required.

Hope that's helpful.

-- Fr. Mike Skrocki, JCD (cand) (abounamike@aol.com), April 21, 2004.