Friday, November 6, 2009

Does a non-Catholic need an annulment from the catholic church?

QUESTION FROM A BLOGGER
My fiance was baptized Methodist. He was previously married to a woman whom was never baptized. They were married by the Justice of Peace. I (Catholic) have never been married. In order to be married in the Catholic church does he have to have his first marriage annulled, or what does he need to do?

SISTER SANDRA ANSWERS:
This is a question that is often asked regarding a non-Catholic party. The Catholic Church recognizes your fiance's marriage as a valid, legitimate marriage, even though it did not take place in the Catholic Church. As long as it was a first marriage for both parties, and, as long as neither party was a Catholic, then their marriage is considered valid in the eyes of the Catholic Church. Therefore, if your fiance wants to marry in the Catholic Church he would need to go to the catholic church tribunal and apply for an annulment of his marriage. A good percentage of marriages that are annulled at a Catholic Tribunal are marriages of non-catholics.

However, if a catholic party was married in a Methodist church, or by the Justice of the Peace, or any other denominational church, then that marriage is not valid in the eyes of the church and that catholic party would not need an annulment. The reason for this is because the church requires Catholics to be married in the Catholic Church for it to be valid.

Indeed, how odd it would be if the Catholic Church only recognized Catholic Church marriages as valid. So, once the Catholic Church recognizes a marriage as valid, or as a good and natural marriage, any question of invalidity must come before a church tribunal if a Catholic is involved in a subsequent marriage. (there is a good explanation of this found in Fr. Michael Foster's book entitled: "Annulment: The Wedding that Was.")

2 comments:

  1. I was previously married to a Catholic and we did not marry in a church. I am now divorced due to his infidelity. My fiance (also Catholic) wants to marry in a Catholic church. Now I know I will need to convert to Catholic, but since my exhusband and I were not married in a Catholic church, does this mean I do NOT need an annullment in order to marry my fiance in a Catholic church? Or will I still need to go about the annullment process?

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  2. First of all, you do not need to convert to Catholicism in order to marry a Catholic, or in order to be married in a Catholic church. Second of all, if you married a Catholic outside of the Catholic church, then you do not need to file for a church annulment. Your marriage can be declared invalid due to the fact that canonical form was not followed when your ex-spouse married outside the Catholic church. You would need to prove that by documents. So, you need to present to the parish priest where you plan on getting married, the baptismal certificate of your previous husband and your marriage certificate. This will establish that the marriage never took place or was blessed by the Catholic church.

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