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Question
QUESTION: Hi Father Timothy,
My name is Kim. I am engaged to a non Catholic who was never baptized. He will eventually convert to Catholicm after we are married. He was married to a non Catholic in the Church of Christ but was divorced 12 years ago. I think his ex-wife was baptized in her church. Does my fiance have to go through the annulment process before I get married in the Catholic church or can I proceed without an annullment for him? Thank you for your help with this.
ANSWER: Hi, Kim:
Thanks for the question.
Are you doing marriage preparation right now with a Catholic Priest? If you are, then he will be able to explain more details of your situation as necessary. If you are not getting married by the authority of the Church, then nothing would make any big difference for you right now, because you as a Catholic would not be observing "Canonical Form", and so your marriage would be unlawful, invalid, and non-sacramental anyway.
However, in the case of his previous marriage, since he was not, and is not baptized, it was not sacramental anyway. If you go through the regular marriage preparation through a Catholic Parish, you are probably looking at maybe getting a "Petrine Privelege", where the non-sacramental marriage involving a non-baptized person is actually "dissolved" by the Power of the Keys of St. Peter (by the Pope), in favor of the faith. Such a case as this "goes to Rome."
On the other hand, some people try a "formal case" at the local level, and see about getting an actual "anullment", if it seems there are grounds for it. So, in the end, this is something really that you will need to pursue with the Priest who is hopefully helping you with your marriage prep.
Fr. Johnson
---------- FOLLOW-UP ----------
QUESTION: Hi Father Johnson,
I completely understand what you are saying. I was recently told that my fiance had to get an annulment. Here is my next question: My fiance was going to convert to Catholicm anyway. If he converted before the annulment was granted, could we get married in the Catholic Church since he would then be a Catholic and therefore would not have followed "Canonical Form" by marrying outside of the Catholic Church in the first place? Thank you!
Yours Truly,
Kim
Hi, Kim:
No. The obligations or lack of obligation to "Canonical Form" is not retroactive due to later changed circumstances. We can only look at the circumstances at the time of his first marriage... He was not a Catholic, and therefore, at that time, not bound by Canonical Form.
Fr. Timothy Johnson
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Answers by Expert:
Fr. Timothy Johnson
Expertise
A Traditional Catholic Priest, validly and licitly ordained, incardinated legally and canonically in the Diocese of Fargo, and in good-standing with my Local Ordinary (Bishop) on active assignment at a rural Tri-Parish. I can provide honest and balanced answers to questions on topics pertaining to Traditional Roman Catholicism of the Latin Church (Councils of Trent and Vatican II)and a lot about the Eastern Catholic Churches, including the Sacred Liturgy, Sacred Scripture, Church History, the use of the Latin language, the tradition of Sacred Music, and current events in the Catholic Church from a traditional, historical and balanced perspective.
Experience
I have been ordained a Roman Catholic Priest since June 2001.
Organizations
Knights of Columbus; Church Music Association of America (CMAA)
Education/Credentials
Ordained Priest, 02 JUN 2001; Ordained Deacon, 27 JAN 2001; MA - Dogmatic/Systematic Theology;
MDiv - Professional Degree from Seminary;
2-Years formation with Canons Regular of Premontre including studies and experience in Sacred Liturgy, Chant, Latin, Sacraments, Spirituality.
BA - Scholastic/Thomistic Philosophy;
BA - Liberal Arts;
AA - General Studies.
Past/Present Clients
I serve 3-small, rural Parish Communities in Easter North Dakota
I converted to the Roman Catholic Church in 1981, at the age of 15.
Over the years I have done work as an organist, cantor, and choir director for the Latin Rite (English & Latin) Mass (Liturgy of the Eucharist), and even for the Hours of the Divine Office.
I have worked as a cantor for a Melkite Byzantine Catholic Church.
Presently my pastoral and administrative duties as a Catholic Priest do not allow me as much time as I used to have to devote to Sacred Music; but for my weekend Masses and Solemnities within my Tri-Parish, I offer High Sung Mass in English. Weekday Mass is typically Low Mass (recited Mass) in English, though on occasion I will offer the "Tridentine Mass" in Latin, which I usually offer on my "Day Off", as well. And now, in light of the "Motu Proprio" by his Holiness, Pope Benedict XVI placing the extraordinary usage of the Roman Rite back into the mainstream of the Catholic Church, I have been offering a regularly scheduled SUN, 2:00 PM Tridentine Latin Mass with a community of the faithful that has a stable existence.
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