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Pat wrote:

Hi, guys —

I have a question.

I have never been baptized and am interested in the RCIA program. In talking with the RCIA leader, she tells me I may have to get an annulment before I can receive the sacraments.

Here's my martial history:

  • I am not now married, but have been married three times.

    1. My first marriage was in a Protestant Church, my father's church. My husband was not Catholic and probably not even baptized, but I have no way of knowing this for sure now almost 40 years later. The marriage was very short lived.
    2. My next marriage took place at city hall. This time I married a Catholic who had been married previously. His previous marriage had never been annulled.
    3. My last marriage was done by the justice of the peace. My husband was a Methodist. He, also, had been married before and never had annulments.

The way I understand things, the Church would say my last two marriages were not valid because neither I, nor my husbands, were free to marry.

  • Is this correct?
  • My biggest question is why would I have to get an annulment to receive the sacraments?

This doesn't make sense to me. There are plenty of divorced Catholics in church that have not had their marriages annulled, but are still able to receive the sacraments.

If I need an annulment, please try and make me understand why.

Thank you!

Pat

  { Am I free to marry and why would I have to get an annulment to receive the sacraments? }

Mary Ann replied:

Hi Pat,

Relax. It is a lot easier than you think.

If you are not married now there is no problem. If you are not now in a union, you don't need an annulment in order to get baptized and receive Eucharist!

If you do wish to marry in the Church, the Church will examine whether you are free to marry but since you are not baptized and wish to become Catholic, even if you were validly married in the past, which seems doubtful for any of the unions at first glance, and wanted to marry in the Church, you could receive the privilege spoken of by St. Paul (the Pauline privilege).

Hope this helps,

Mary Ann

Fr. Jonathan replied:

Hi, Mike —

Pat wants to know why. She may assume that she is not getting a straight answer from the RCIA director, but it is a very complicated situation to fully explain. I suggest she go and speak with her priest. I assume the priest will probably need help from his Tribunal to properly answer her. All the RCIA director said was that she may need an annulment which is true.

She also may not need one and that is if she is not thinking about getting married again.

My answer should end here, but Pat needs to know so here goes the complicated analysis based only on the information Pat has given us:

  • The RCIA director only said she may have to get an Annulment to enter RCIA — this is correct in as far as it goes. If Pat is divorced from all three men and has no intention of ever getting married again, then there really is nothing currently keeping her from entering the Catholic Church.

  • If Pat is dating someone new and probably will get married again, then Pat would, in fact need at least one process done and the likeliest process is a declaration of nullity on the first Marriage.

  • Once Pat becomes a Catholic she needs to be either single, as she is now, or in a marriage recognized by the Church, otherwise she cannot receive Holy Communion until her marriage is recognized by the Church.

  • The why comes in with the Catholic understanding of a valid Marriage. Pat's first marriage was between two non-Catholics and it was done in the proper way.

      i.e. proper form =
      • a man and a woman
      • two witnesses, and
      • someone receiving the vows.

    Our Catholic Church recognizes this first Marriage as not only valid but from God. It is not a Sacramental Marriage but it is what we call a Natural Marriage. Because this Marriage was valid and because we believe that nothing can break up a valid Marriage, in order to marry again with the blessing of the Catholic Church we would have to prove that it was not valid and therefore does not really bind you forever. In order to do that the Church would do a study of the marriage to see whether or not something was flawed in the promises of the couple (called the consent of the couple). If the Church does find a flaw in the consent then the Church would declare it null, (more commonly known as an Annulment). Of course, if husband number 1 is deceased then there would be no need of this step.

  • Once the first marriage is declared null, it makes the second marriage possibly valid. In this case, the second marriage looks manifestly invalid because husband number 2 was a Roman Catholic and they were married outside the Church, so this is most likely what we call a Lack of Form case.

  • Now that the first two marriages are declared invalid, it makes the third marriage possibly valid. More information would have to be done about husband number 3's first marriage.

      What faith was his first wife?

    If she was a Catholic and they were married outside of the Church then his first marriage would be manifestly invalid and therefore he would be free to marry Pat.

    If that were the case then Pat would have to have Marriage number 3 also studied for a declaration of nullity (i.e. she would be doing two simultaneous annulments).

    If he was married validly the first time, then it might be possible to do what we call a Ligamen Case which would prove her third marriage was null based on her third husband not being free to marry.

  • Once all this is researched then, at the very least Pat would need her first marriage declared null, but if this was impossible due to the time elapsed (she said 40 years) then there may be the possibility of doing what is called a Pauline Privilege.

    The Pauline Privilege can often be a faster solution then a declaration of nullity but not always so the Tribunal would hopefully work to figure out the fastest process and utilize that one.

Best of luck Pat.

It sounds to me there is a good chance you don't need any of this to become a Catholic.

Fr. Jonathan

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