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Vicky Barbier wrote:

Hi, guys —

I wanted to ask a question about marriage. Hopefully you can help, as I keep getting conflicting answers from what I read online.

My partner and I are both Catholic and British. We want to marry in a Catholic Church with a Catholic ceremony, but in Spain, as all my family live there and are Spanish. The only problem
is he was previously married nineteen years ago at a registry office, not a church.

  • Will the Catholic Church in Spain allow this and do we have to inform them?
  • What would be the procedure?
  • Could he get a declaration of nullity that would be recognized in Spain?

Many thanks,

Vicky

  { Will the Church marry us in Spain, seeing he married at a young age at a registry office? }

John replied:

Hi, Vicky —

For an annulment to be granted, there must be some pre-existing impediment or reason which would grant a declaration of nullity. Two such reasons are:

  • Emotional immaturity, the most common, and
  • failure to understand the nature of marriage.

The reason you keep getting different answers online is because every single case is different and no one can give you an answer until a tribunal investigates whether or not an annulment can be granted.

What you need to do is go to your parish priest and have your fiancé start the process.

In the meantime, your partner is still married in the eyes of God and the Church, so he should not be dating until such time as an annulment is granted. Dating should remain appropriately chaste for a single person.

John

Mary Ann replied:

Vicky —

I would suggest that you go to your local Catholic parish in Britain, and talk to the pastor. If your fiancé was Catholic when he married, then it would be relatively easy to say that the marriage was not valid.

One more thing: annulments are not really granted although we talk of them that way. There is a finding of nullity or invalidity. In any case, a Catholic who marries at a registry office is presumably not married, but the Church needs to say that, so do see the local pastor.

Mary Ann

Vicky replied:

John, Marry Ann —

Thank you, but he didn't marry in a Church; it was at a registry office.

He was 17 but is now 37 so I thought the marriage wouldn't be valid.

Vicky

John replied:

Vicky —

It's not for any individual to decide whether or not a marriage is a valid. A marriage is always presumed valid unless declared otherwise by a competent tribunal of the Church.

I'm also a bit concerned about the use of the word partner. You're British, so perhaps it means something else across the pond. Here, it means you are cohabitating. This is something that the Church teaches is serious sin, whether or not his prior marriage is valid.

  • If his marriage is valid, cohabitation constitutes adultery and fornication.
  • If it's not valid, then it's simply fornication.

Either way, both are grave matter and require you go to Confession and strive to remain chaste. If you did not know or understand this, then your guilt is mitigated because you received poor teaching.

I don't, by any means, wish to condemn you; I'm simply giving you the information someone should have taught you.

The best thing you can do is find a good priest and start the annulment process.

Since your partner was that young, the probability that he was emotionally immature at the time, and not ready to enter in to marriage, will be proven in the tribunal process. While annulments are not a sure thing, they are granted fairly easily and this sounds like a reasonably simple case.

Nevertheless, none of us at AskACatholic are Canon lawyers.

Let us know if we can be of further help.

God Bless,

John

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