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Luke12:48
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| Joined: | Sat Sep 30th, 2006 |
| Location: | Southeast, Pennsylvania USA |
| Posts: | 120 |
| First Name: | Kate | | Gender: | Female | | Faith History: | cradle catholic, left for many years, returned June 2006 |
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Posted: Sun Jan 14th, 2007 02:06 pm |
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If a "lack of form" is granted to someone, how is that valid if the ministers of the sacrament of marriage are the couple? Their intent was to be married to each other and they married in a church--are they not joined by God?
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CajunRick
Network Helper
| Joined: | Fri Sep 29th, 2006 |
| Location: | Houma, Louisiana USA |
| Posts: | 5348 |
| First Name: | Rick (& Kermie) | | Gender: | Male | | Faith History: | Lifetime Catholic, Latin Rite |
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Posted: Sun Jan 14th, 2007 04:01 pm |
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Luke12:48 wrote: If a "lack of form" is granted to someone, how is that valid if the ministers of the sacrament of marriage are the couple? Their intent was to be married to each other and they married in a church--are they not joined by God?
A Catholic is required to follow the marriage rules of the Catholic church, which state that an official witness of the Church must witness the exchange of vows to verify that they actually took place without obvious duress or impairment. By signing as the official witness, a priest or deacon is verifying that, for example, no one was holding a shotgun, neither party was so drunk or drugged that they didn't know what they were doing, etc. "Lack of form" means that an official witness of the Church was not present. Since the sacramental graces flow through the Church, a sacramental marriage is not possible for those who are Catholic unless the rules of the Church are followed.
Those who are not Catholic are required to follow the rules of their own faith community. As far as I know, all other faiths accept amd recognize any legal marriage, so those marriages are also recognized by the Church for non-Catholics.
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Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine
Rick Luquette
Luquette Lane
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Luke12:48
Member
| Joined: | Sat Sep 30th, 2006 |
| Location: | Southeast, Pennsylvania USA |
| Posts: | 120 |
| First Name: | Kate | | Gender: | Female | | Faith History: | cradle catholic, left for many years, returned June 2006 |
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Posted: Sun Jan 14th, 2007 04:34 pm |
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ok--so is it true that if a catholic marries outside the church and then divorces, they can then receive the sacraments--it is like the marriage never took place? Theoretically speaking then, the person could come back to the church and they would be guilty of having sex outside marriage? Is a lack of form ever refused? This is rather confusing.
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CajunRick
Network Helper
| Joined: | Fri Sep 29th, 2006 |
| Location: | Houma, Louisiana USA |
| Posts: | 5348 |
| First Name: | Rick (& Kermie) | | Gender: | Male | | Faith History: | Lifetime Catholic, Latin Rite |
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Posted: Sun Jan 14th, 2007 05:44 pm |
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Luke12:48 wrote: ok--so is it true that if a catholic marries outside the church and then divorces, they can then receive the sacraments--it is like the marriage never took place? Theoretically speaking then, the person could come back to the church and they would be guilty of having sex outside marriage? Is a lack of form ever refused? This is rather confusing.
It's actually very simple. A Catholic who is not currently in an invalid relationship (and who has confessed any mortal sins) can receive the sacraments. This includes anyone who is divorced and not remarried, not cohabitating, etc. Even multiple prior marriages do not prevent a Catholic from receiving the sacraments, as long as there is no marriage currently in existance. Of course, all marriages must be declared null before the person can be married again, and a future marriage must take place under the marriage laws of the Church for the Catholic to be able to continue receiving the sacraments.
It's not like the marriage never took place. It's like the person is not currently living in an invalid relationship, which he or she is not. Once I go to confession and my sins are forgiven, and I do not intend to commit the same sins again, I am eligible for the sacraments. So If I am married and divorced, I am currently living according to th laws of the Church so I am able to receive the sacraments.
Evidence of a Defect of Form, which includes such things as a Catholic baptismal certificate (to prove the person is Catholic), a marriage license signed by someone other than a priest or deacon (to prove the marriage took place outside the Church), and a civil divorce declaring the marriage dissolved including the settlement of custody and property matters (to prove the relationship no longer exists), and a letter from the baptismal church showing that it has no record of a Catholic marriage, is submitted. In my diocese, it goes to the Judicial Vicar (canon lawyer) of the diocese. Depending on the regulations in the particular diocese, the Judicial Vicar or other competent authority will issue the Declaration of Nullity based on a Defect of Form. Once all the proper evidence is submitted, I've literally seen it take as little as 20 minutes. If the evidence supports the facts, it can't be refused.
Declarations of Nullity involving members of other faith communities or Catholics married in the Church are much more complicated because the marriage is presumed sacramental, and the sacramentality must be disproved. Defects of Form are easy, because the marriage of a Catholic who is not married under Church law is presumed to be invalid, no testimony or witnesses are required, and it usually never even goes to the Tribunal.
The process begins by consulting a priest or qualified lay advocate. Assuming there is no question about the facts, the paperwork should be very simple and easy to complete, and the Declaration should be issued quickly.
____________________
Understanding is the reward of faith. Therefore seek not to understand that you may believe, but believe that you may understand. - Augustine
Rick Luquette
Luquette Lane
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