Annulment

greenspun.com : LUSENET : Catholic : One Thread

A question on annullments. I am a baptized practicing Catholic. I was married in a civil ceremony to a non-Catholic 10 years ago and divorced 4 years ago. We had no children.

I am engaged to a practicing catholic and would like to get married in a Catholic church. Do I need an anullment?

In addition, my brother is a methodist minister and would like to do the actual ceremony to marry us but I would like to have the Catholic ceremony at a later date. Is this feasible??

-- Cat Stephen (cstep@att.net), October 31, 2001

Answers

Response to Anullment

Jmj

Hello, Cat.

You should speak to your pastor as soon as possible to get the process in motion by which the diocesan tribunal (marriage court) may grant you a Declaration of Nullity. You will have to fill out certain documents.

You have omitted an important fact in your message -- i.e., whether you were a Catholic at the time of the civil ceremony (ten years ago).
If you were not a Catholic at that time, then the Church assumes that you entered into a valid marriage -- until the contrary is proved and the nullity of the "union" is declared by the tribunal. (This may take a year, possibly more or less.)
But if you were a Catholic ten years ago, and you failed to obtain your bishop's permission to marry in the civil ceremony, then your "union" was void in the eyes of God and the Church -- null due to "lack of canonical form." Even so, this must be formally declared by the tribunal, after they look into the facts. (The process may take six months, possibly more or less.)

About your future ceremony ...
It is against the Church's Code of Canon Law to have two ceremonies. Also, since both you and your fiance are Catholic, the following canons pertain to you:
Canon 1108
§1 Only those marriages are valid which are contracted in the presence of the local Ordinary [bishop] or parish priest or in the presence of the priest or deacon delegated by either of them ... [Thus, your brother could not be the main official at your ceremony.]
Canon 1118
§1 A marriage between Catholics ... is to be celebrated in the parish church. By permission of the local Ordinary [bishop] or of the parish priest, it may be celebrated in another church or oratory [chapel].
§2 The local Ordinary [bishop] can allow a marriage to be celebrated in another suitable place.
Canon 1127
§3 It is forbidden to have, either before or after the canonical celebration ... another religious celebration of the same marriage for the purpose of giving or renewing matrimonial consent. Likewise, there is not to be a religious celebration in which the Catholic assistant and a non-Catholic minister, each performing his own rite, ask for the consent of the parties. [So the priest will witness your vows.]

Still, the Church will permit your brother to take part in your ceremony in certain ways. I cannot recall now what is permissible (e.g., sitting vested in the sanctuary, reading Scripture, possibly offering some comments or a prayer after Holy Communion [but not preaching], etc.). You or your pastor should contact your bishop to find out what is allowed.

God bless you.
-- (jfgecik@hotmail.com), October 31, 2001.


Moderation questions? read the FAQ