convalidation question

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Since a marriage must be convalidated before partaking of sacraments, does that mean that the marriage is not considered valid, or not sacramental (or both), until that is done? So, if someone divorced and applied for an annulment where does the tribunal look, to the beginning of the original marriage or at the point the convalidation?

I am currently seperated from my spouse who has a previous marriage which has not been nullified and I came into the church during the seperation period, including baptism. If we were to reconcile I worry that at this point if things don't work out that obtaining an annulment would be much more difficult.

The situation is actually more complex than that, and I realize that you can only give me a general response, but would appreciate any help you can offer. Have been speaking to my priest, and he thinks I have no problem as long as I am not looking at remarriage, but not sure if he would know this, as it seems an unusual situation.

-- M Dee (withheld@private.com), March 11, 2005

Answers

Since a marriage must be convalidated before partaking of sacraments, does that mean that the marriage is not considered valid, or not sacramental (or both), until that is done?

A convalidation is done if the marriage is not considered valid for some reason. The convalidation can only be done if that reason has been resolved.

So, if someone divorced and applied for an annulment where does the tribunal look, to the beginning of the original marriage or at the point the convalidation?

If there was a true need for the convalidation, then the annulment looks at the point in time of the convalidation, as the prior ceremonly is already known to be invalid for some good reason. But the specific fact pattern you present is quite confusing, so don't assume that this applies to you. Non-Catholics can have an "automatic convalidation" of their marriage in many cases, and marriages that are presumed to be invalid due to a prior bond automatically change status when an annulment of the previous marriage is granted.

Have been speaking to my priest, and he thinks I have no problem as long as I am not looking at remarriage, but not sure if he would know this, as it seems an unusual situation.

Current, you are in "marriage limbo". Your marriage is presumed to be invalid because of the prior bond of your spouse. However, you are not free to marry anyone else because of the marriage to your spouse. To fix your current marriage in the eyes of the Church, your spouse must obtain an annulment for the prior marriage. To become free to marry someone else, you must obtain an annulment based on the prior bond of your spouse.

Your priest is correct in that as long as you remain separated from your spouse and you do not wish to (divorce and) marry anyone else, there is no problem with you fully participating in the sacraments of the Church.

It would help to know if your spouse is Catholic or not.

-- Mark (aujus_1066@yahoo.com), March 11, 2005.


Current, you are in "marriage limbo". ... Your priest is correct in that as long as you remain separated from your spouse and you do not wish to (divorce and) marry anyone else, there is no problem with you fully participating in the sacraments of the Church.

It would help to know if your spouse is Catholic or not.

Dear Mark,

Thank you for your reply. I do feel as if I am in "marriage limbo," and feeling conflicted.

My husband was raised Catholic (converted at a young age, around first communion time and then later confirmed) but he did stop practicing in adulthood. His first marriage was in a protestant ceremony without dispensation, but that was before we met so I only know what he has said. Our marriage was a civil ceremony. I would guess the civil ceremony is automatically a 'defect of form' for our marriage even if the first was also invalid and declared null.

I didn't get that for a while, that if the first marriage is a defect of form then it would be the same for our marriage, and that would mean a need for a convalidation if we are to live as man and wife again. Then it seemed to me that would be the point of where a sacramental marriage might take place, at convalidation and technically at least it would be between two Catholics, and with my doubts about it all I might be better off staying in limbo.

-- M Dee (withheld@private.com), March 11, 2005.


M Dee,

You seem to have a good grasp of your situation. Should you decide to convalidate your marriage, the convalidation ceremony would be the point where your marriage becomes valid (and thus sacramental), and it would also be the point that would become the subject of annulment proceedings should you subsequently divorce.

Good luck with these decisions!

-- Mark (aujus_1066@yahoo.com), March 12, 2005.


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