NonCatholics and Catholic Annulments

1. Why should I petition for annulment when I am not a Catholic?

2. Why should I petition for annulment when I was not Catholic at the time of my previous marriage?

3. Why should I petition for annulment when my marriage did not take place in the Catholic Church?

 
All the above questions are related. First of all, the Catholic Church has the right to decide who can and who cannot marry in the Catholic Church. Second, the Catholic Church has the right to determine whether or not a marriage is ecclesiastically valid as she understands the teachings of Jesus Christ concerning marriage and divorce. Third, the Catholic Church teaches that divorce or the breakdown of a marriage is not in itself proof of the invalidity of the marriage.

The Church presumes that every marriage – whether or not it involves a Catholic – is valid until the contrary is proven in a court of law of the Catholic Church. The canonical presumption of the validity of every marriage is not changed by the fact of a civil divorce.

Thus, if a Catholic invalidly contracts marriage with another Catholic or with a non-Catholic outside of the Catholic Church without the necessary permission, authorization, and dispensation of the diocesan bishop of the Catholic party, the invalidity of the marriage must still be officially declared by the Tribunal. If you were not a Catholic at the time of the marriage, or if you are not a Catholic, the marriage would still have to be investigated by the Catholic Church to determine whether or not it is invalid in the eyes of the Catholic Church in order for you to marry validly in the Catholic Church.

The same answer applies to a non-baptized person who was previously married. Inasmuch as the non-baptized person wishes to marry in the Catholic Church or wishes to marry a Catholic in the Catholic Church, it is the law of the Church to determine whether the previous marriage of the non-baptized person is valid according to the laws of God as understood and taught by the Catholic Church. The purpose of determining whether the non-baptized person can marry in the Catholic Church is also to know whether he or she meets the requirements of the laws of the Church for the new marriage to be contracted validly in the Catholic Church.

In conclusion, the Catholic Church has the right to determine, in accordance with its teachings and laws, whether or not a person is free to marry in the Church. Anyone, Catholic or non-Catholic, who has been previously married, cannot marry in the Catholic Church, unless the previous marriage or marriages are annulled or dissolved by the Catholic Church.