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