Fiance divorced wife, then she died -- must he get an annulment

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He divorced her five years ago and then she died this summer. Would he have to get an annulment in order for us to get married in the Church. He is not Catholic.

-- Mary Brown (anitauranswer@aol.com), December 03, 2004

Answers

You might ask a priest in order to be sure, but it seems to me if the former wife has died, he is released from that bond. If she is dead, no annulment should be needed.

-- Michael (edwardsronning@prodigy.net), December 03, 2004.

No, an annulment is not necessary if the spouse has died. A marriage endures only until the death of one of the spouses. Then the surviving spouse is free to remarry, regardless of whether the marriage was valid or not.

-- Paul M. (PaulCyp@cox.net), December 03, 2004.

During the pre-marriage interview with a priest, you will be asked about previous marriages, and will likely need to provide some proof of the death of your fiance's wife (i.e. a death certificate). An annulment is not required as stated above.

-- Fr. Terry Donahue, CC (terrydonahue@usa.net), December 03, 2004.

Unless of course the surviving spouse murdered the deceased in order to be released from the marital bond. In that case, the surviving spouse is barred from remarriage.

-- Pat Delaney (patrickrdelaney@yahoo.com), December 03, 2004.

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