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CHNI Forums > Sacraments > Marriage (Matrimony) > Non-Catholic Annulment


Non-Catholic Annulment
 Moderated by: Jim Anderson, Dave Armstrong  

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Joined: Thu May 15th, 2008
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First Name: Angela
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 Posted: Sat May 17th, 2008 02:24 pm

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Hi all, I'm new to posting on the board but have been reading the posts here for a while and have really enjoyed them. I do have a question though.

If two non-Catholics are married and one of them is not baptized but then later is baptized as a non-Catholic, what, if any, annulment process would they have to go through in order for one of them to marry a Catholic?

I've been reading a lot about annulments and read some about the Petrine Privelage which seems to apply if you believe that a non-baptized person cannot receive the other sacraments without having been bapitzed. However, I've read some stuff that says that there are some who argue that once the non-baptized person becomes baptized then the sacrament of marriage applies retroactively. To put it short, I'm confused and was wondering if somebody might have an answer.

Thanks for your thoughts.


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CajunRick
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 Posted: Sat May 17th, 2008 03:38 pm

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First of all, Angela, welcome to the forum.

To simplify, the Church considers every marriage valid until proven otherwise.  The agency which determines the validity of a marriage is called the Tribunal.  Every diocese has one, appointed by the bishop, using procedures established by the bishop and Tribunal.  In the United States, every decision is reviewed at a higher level before final approval or disapproval is granted.  Appeals are possible, even all the way to the pope himself.  On the diocesan (local) level, it is the bishop who makes the determination or who establishes the procedure.

A Declaration of Nullity recognizes a flaw in the original consent.  The Pauline and Petrine Privileges recognize that an otherwise valid marriage may be dissolved in favor of the faith.  And a Radical Sanation takes an otherwise invalid marriage and makes it valid retroactively to the exchange of vows.

A fifth type, Defect of Form, applies particularly to Catholics who are married outside of the Church.

In all cases, the procedure begins by visiting with a priest and beginning the paperwork that initiates the process.  The priest will determine whether a full Tribunal process is involved, or whether one of the privileges applies.  He will assist you in preparing the proper documentation to submit.  The full hearing process takes longer because of the necessity of gathering witness statements, etc., but otherwise the processes are quite similar.  The Petrine Privilege in particular can take a long time because only the pope can make the determination.  The Pauline Privilege, on the other hand, can be decided locally.

You can find additional information on the Petrine Privilege here, and on the Pauline Privilege here.  But wherever your journey takes you, it must begin with a first step, and that first step is consulting a priest.



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Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine

Rick Luquette
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 Posted: Sat May 17th, 2008 04:00 pm

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Thanks for the information. I guess I should have indicated that I am currently in the process of having my marriage annulled (me ex and I were both Catholic) but my boyfriend and I have been discussing whether or not he would have to have his marriage go through the same process because of the situation that I described above. He was the one who was a baptized non-Catholic at the time of his marriage to his previous spouse.


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CajunRick
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 Posted: Sat May 17th, 2008 06:40 pm

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No process is automatic.  It must be submitted to the Church.  So the answer is yes, he must begin the process.



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Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine

Rick Luquette
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