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Question
Hi Fr. Tim!
I was wondering why a non-Catholic who was married civilly and divorced has to receive an annulment from the Catholic Church if he wishes to marry a Catholic, since the Catholic Church does not recognize civil marriages to begin with. My fiance and I are in this situation and we're very confused and upset, to say the least. My fiance was married when he was 18 (he is now 39 yrs old) and they got a divorce because she was unfaithful while he was overseas fighting in the Persian Gulf War. He is Baptist and taking RCIA classes in our parish. Thank you for your time and help.
Hi, Margaret:
Thank you for your question.
It seems that the situation you describe is the "double-edged sword" encountered since the time the Catholic Church has stopped binding non-Catholic Christians regarding marriage law in the Church as if they were "fallen away" Catholics... (I think this changed in something like 1948).
The Catholic Church does not recognize marriages of CATHOLICS who were "bound to canonical form" and made a choice not to observe it.
Canonical Form requires that a Catholic (even if only one of the couple is a Catholic) to be married in a Catholic liturgical marriage ceremony, in the presence of a duly delegated, ordained Catholic Sacred Minister (Deacon, Priest, or Bishop), in a Catholic Church Building, in the presence of two witnesses.
Provided all else is lawful in the case of non-Catholics, even if married in a civil ceremony, the Church presumes validity, unless otherwise can be proven in a Catholic Church jurisdiction Marriage Tribunal.
Since your fiance was not Catholic at the time of his marriage at the age of 18, he was not bound by Canonical Form: therefore, his marriage may very well have been lawful and valid. A Tribunal would have to make and investigation and judgment on this matter, now that you, a Catholic, wish to marry him lawfully in the Church (i.e. by the Authority of the Catholic Church).
Yeah - it makes you kind of long for the days when things were simpler and more "black & white." It used to be any Christian person who did not get married in the Catholic Church (by the Authority of the Church) was automatically considered to have an invalid marriage without sacramental effect. The Catholic Church is working within a world-view that wants to recognize that overwhelmingly non-Catholic Christians are acting in good faith, and can have the value of the Sacrament of Marriage due to their Baptism, and a lawful marriage union.
Let me know if I can make any of the points above clearer for you. I know that the situation is not easy; but I am certain it would be very worthwhile to go thru the annulment process for your fiance.
Be certain not to get angry with your Priest for following standard procedure in this case; I suppose that he has already informed you that he cannot schedule a wedding date until the annulment matter is resolved.
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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