Question:
My husband-to-be is a Catholic who is divorced from a Mormon. They had been married in a civil ceremony. I am a baptized non-Catholic who wishes to join the Church prior to our marriage. I have been divorced twice. One was a civil marriage to a non-baptized individual and the second was a civil marriage to a baptized Catholic. What form of annulments do my fiancé and I both need in order for us to marry in the Church? Would all of the ex-spouses need to be contacted for permission? Would we need witnesses for all three marriages?
Answer:
For ease of reference, lets put names to the thing , okay? You, Maria a baptized non-Catholic, are currently engaged to Marcus Aurelius a baptized Catholic.
Marcus Aurelius was previous married in a civil ceremony, without a dispensation from canonical form (see the description of this in other Q&A entries on the website) to a Julia a Mormon.
You, Maria, were previously married to Gaius, a non-baptized person. After divorcing him, you married Agrippa, a baptized Catholic, in a civil ceremony, Agrippa not receiving a dispensation from canonical form.
So, here’s the answer. Marcus Aurelius should apply for a declaration of nullity based on defect of canonical form. His parish priest can help him and this case is proved basically by documents: his baptismal certificate – from his baptismal parish, dated within the last six months, and bearing all notations – a copy of the marriage certificate, and a copy of the divorce decree. Since this kind of case is proved by documents and measurable facts, witnesses are often not needed.
The same goes for your marriage to Agrippa, because he was bound by canonical form and failed to observe it. You will need to get a copy of his baptismal certificate, however.
For your first marriage to Gaius, I would suggest that you talk to your fiancé’s parish priest. You can apply for a formal annulment, which does require that Gaius be contacted and witness testimony be sought. Or, you could apply for a Petrine Privilege, granted by Rome. The object of this is whether the former marriage was a sacrament – which it was not if Gaius was in fact not married. The Pope dissolves this non-sacramental marriage so that you can enter a sacramental marriage. Talk to your parish priest.
And all the best to you and Marcus Aurelius!
Very Rev. Kevin Michael Quirk, JCD
Judicial Vicar