Expert: Fr. Timothy Johnson - 11/24/2009

Question
QUESTION: Dear Father,
I have two very close married friends. They have been married 27 years.  She was raised in the Catholic Faith. She was married once before, but her previous marriage was annulled.  He was married in a Protestant church, had 2 children.  His previous wife left him and their children, ran away with another man, lived with him and had a child.
The couple I am speaking of had one child raised her in the Catholic church and I recently went to her Catholic wedding.
Last year both began attending RCIA classes with the idea that both would come into the Church this past Easter.  (Let me add that all these years they have been faithful contributors to the Parish and the Parish school)
They were both advised to go through the proceedings for annulment.  The decisions came back giving an annulment to her and denying him.  On appeal the 1st decision was set aside.  But on the second submission he was denied again.  I am astonished.  He has been told come to church, be a faithful Catholic, but you may not participate in the sacraments. He said he feels like a jilted lover.  The circumstances are as simple as I explained and I must admit I do not understand. Even worse, he is a doctor, well known in the church community and this has many Catholics in good standing questioning how this could be the case and whether to stay in the Church.  
I talked recently with his wife who said according to the Church she is living in sin and cannot receive the sacraments.
Could you please enlighten me and give real advise on where to turn to correct these sad events.
I look forward to your thoughts.
Blessings

ANSWER: Hi, Charles:
Thanks for the question.
Honestly I don't think it was presented very celarly, but I will try to sort through it based upon what it seems you are presenting.
1. There is a couple, man & woman right now.
2. Woman was raised Catholic: therefore, bound to Canonical Form of Marriage; she attempted marriage once in the past, but that past marriage was anulled.
3. It not not clear to me: A. Did she not observe Canonical Form? B. Had she married civilly and gotten a civil anullment? (which would have no bearing on the Church) C. Did she go through a Formal Case Anullment, and have a Decree of Nullity granted by a Catholic Tribunal?
4. The man: was he a Catholic, but attempted marriage in a protestant ceremony without proper dispensations?  Though it would seem he was protestant and married a protestant...
5. Protestants are not bound to Canonical Form: therefore, when it is a first marriage of each party, validity of the marriage will be presumed unless proven otherwise.

You speak of both seeking to be received into full communion with the Catholic Church; but the woman IS a Catholic already, having been raised Catholic...
Then you speak of bopth being advised to go through an anullment process; but youalready said she had gotten an anullment....

I hate to be the one to tell you... but you did not present the circumstances in a simple manner...

We live in times where people really complicate their lives and matters because we are so unclear on three important aspects of the Sacrament of Matrimony:

1. The clear meaning of the vows given and received in a wedding ceremony.
2. The binding and loosing power Christ entrusted to His Apostles and their successors the Bishops, which is where "Canonical Form" comes into play...
3. The clear words of Christ in the Gospels that "what God has joined, let no man divide."  IF in fact God joined a couple in true marriage, then no human power can dissolve that union, provided it was ratified and sacramental.  There are other questions when it is not a Sacrament, as in the case of natural contract marriage involving the non-baptized...

Look into other Q & A concerning these kind of matters at the All Experts Site in order to become more familiar with these matters.

Fr. Timothy Johnson

---------- FOLLOW-UP ----------

QUESTION: Dear Father Timothy,
I apologize for presenting things unclearly.  I suppose when you are familiar with something you assume too much is understood.
Let me clarify:
The lady in the marriage was married to a Catholic man.  They divorced and she was recently granted an annulment.  She went through a Formal Case Anullment, and has a Decree of Nullity granted by a Catholic Tribunal.
Them man was protestant and was married in a protestant church. He was granted a civil divorce from his former wife on grounds of her adultery and desertion of him & their children.
The couple in question were married 27 years ago.  They were not married by a Catholic Priest.  They both used to attend Mass regularly and as I mentioned before began going to RCIA classes with the plans of coming into the Church last Easter.  They  planned have the local priest marry them / renew their vows as well.
It appear none of this is possible at this time.  He cannot join, and she is "living in sin" by staying with him.  So neither can receive any of the sacraments.
Are my assumptions correct?  What recourse do they have?
I look forward to your thoughts.

ANSWER: Hi, again, Charles...

That is a lot clearer, thank you.
The man who is a Protestant and the putative spouse of the Catholic woman will need to make a formal case to look at his first marriage with a Protestant lady.  Of course validity is first assumed unless otherwise proven not to be valid, since they were both baptized and neither one had been bound by Canonical Form.
The whole question really comes down to a matter of Jacob & Esau: do I want the eternal blessings of God in the long run, or do I want my bowl of stew right here and now to satisfy the moment?

Fr. Timothy Johnson

---------- FOLLOW-UP ----------

QUESTION: Dear Father Timothy,
I certainly know the story of Jacob & Esau, but I am uncertain of how it applies here.  My friend was a protestant who knew nothing of The Catholic church when he wass first married.  He was a faithful father & husband who tried to have his first wife come back to her family.  He definitely did not trade his desires for a bowl of stew.
He & his present have been given little of no advise locally.   
I might mention the lady's father is a deacon in his church in a city 100 miles away.  He is at a complete loss as to why his son-in-law has been denied.
So again I ask you for advise.  Surely the Church wants him to be a participating and loved member.  Should he go to straight to Bishop or The Vatican?  Or should he give up and go back to the protestant Church. WWJD
I look forward to your thoughts.

Answer
Hi, Charles:

I want to make certain that I understand what you are saying...
The gentleman put through a Formal Case to the Tribunal concerning his previous marriage to a Protestant?  And then he did not get a judgment for a decree of nullity?
I know that many may not like this, but a Tribunal does not automatically grant a decree of nullity for every marriage case presented.  It can do nothing more than analyse a case, and see whether there is anything to demonstrate that a valid sacramental marriage did not in fact exist from the first moment of the consent by marriage vows.
Is the Church not accepting him as a participating and loved member if it has determined that the former marriage was actually valid?
Perhaps there is a misunderstanding as to the nature of a decree of nullity through a marriage tribunal... it is not a dissolution of a valid sacramental marriage.
What if he remains a protestant?  I have always wondered how the subjective desire to have a marriage dissolved is taken by so many as a reason to apply personal interpretation and desire to say that they just want another marriage to be enough to justify the matter.
The questions ultimately are: If God joined, then what earthly or human power can divide; and who has the authority to investigate and make a judgment about a sacramental marriage bond?
I would recommend that you do more research into the matter of marriage tribunals and decrees of nullity... they are not merely vehicles for Church divorce.

Fr. Timothy Johnson