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Andrew Z. wrote:

Hi, guys —

I have a question. I am a practicing Roman Catholic. The woman I am dating, Patricia, is also a Roman Catholic.

Her history: At the age of 18, Patricia was married in a civil ceremony in the Philippines. She stayed in the marriage for six years. During those years, she was abused by her husband, physically, emotionally, and financially. On occasion, she was beaten and her husband would hold a gun to her head threatening to kill her (this is all recorded in the police record). Her husband was also diagnosed with a mental illness by a practicing psychiatrist. Her husband also had a child out of wedlock from another woman during the marriage.

Towards the end of her marriage, at the request of her husband's family, they married in a Roman Catholic Church in the Philippines, hoping it would help their situation. However, it did not.

After continuing to suffer in her marriage for another two years, she later separated from her husband and filed for divorce. No children came from their marriage.

Her divorce was granted and expedited due to the fact that her civil ceremony was illegal.
The judge's ruling was based under the laws of the Philippines: if one in the party was under 21 years of age (which she was) with a lack of parental consent, the marriage is granted only if they have lived together for three to five years. The judge ruled this is impossible since she was 18 when she married and knew they were not living together at the age of 13 to 15. Her husband lied on the forms when he filled out the marriage license.

With divorce rarely occurring in the Philippines, Patricia's marriage was officially and legally dissolved. To be clear, the judge made it known that this was not a divorce because they were never legally wed due to the falsified license. Nevertheless, the judge stated the union was dissolved.

I have been dating Patricia for the last three years. When I asked a lawyer and some friends if we are able to be married in a Catholic Church, they told me that because her Church wedding was based on her illegal license and subsequent illegal civil union, then we are able to be married in a Church.

I would like to hear your thoughts. Please cite any resources on where your information is taken from.

Thank you in advance.

Andrew

  { Based on this martial history, what is your view on whether we can get married in the Church? }

Mary Ann replied:

Hi, Andrew —

The validity of the Church wedding has nothing to do with the legality of the civil wedding however the deception involved in the civil wedding may be a factor in the validity of the Church wedding.

There is also the very important point that the Church wedding was entered into under duress.

There should not be a problem with an annulment, but the Church would have to look at the marriage facts.

Mary Ann

Eric replied:

Hi, Andrew —

This is too complex for us to provide a certain answer. I advise you consult a canon lawyer.

may be able to help.

Eric

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