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Author Topic: Disparity of Cult  (Read 2160 times)

easyquitls@gmail.com

Disparity of Cult
« on: December 09, 2010, 09:31:pm »


Hello....Some of you may remember me....CatholicHeart.....I have a question.

My daughter and her family are studying to become Catholics....She was married before....to an UNBAPTIZED person...Probably Hindu, if anything.

So...There is a Disparity of Cult.....Does she have to get an annulment, or is there an easier way to go...

I do understand that the marriage was not sacramental, because he was not a baptized Christian....and that that fact makes their marriage non-sacramental by definition...I just need to know what comes next.

She will be talking with our priest soon, but I can't wait....I need to know!

Sandy
KERMIT
It isn't easy to be green.....

Stubborn

Re: Disparity of Cult
« Reply #1 on: December 10, 2010, 12:46:am »
The marriage was not sacramental, however the contract was (I'm  assuming) valid = you must assume the marriage was valid and your daughter is still married.......if so, your daughter is not free to marry again - but ya gotta talk to a priest, hopefully a traditional one. Waste of time to talk to a NO one.

Annulment means the marriage never happened, no way to know from here but sounds like the marriage, while not sacramental, was still a valid marriage.

The traditional priest will best determine if the marriage can be annulled due to the direment impediment of disparity of cult, or if a dispensation can be applied to that situation.............if the couple had children together, then it would be pretty hard to see how the marriage could be annulled.

If you look at it from the Church's position.......... the Church, as the only protector of the Sacraments must, initially at least, side with the Sacrament. IOW, the Church initially assumes that pretty much all marriages are valid, whether Sacramental or not, for the sake of the Sacrament, or in this case, the matrimonial contract.

No way around it, ya gotta see what the traditional priest says when it comes to annulments

 

 

 
It is the Mass that matters.

But because thou art lukewarm, and neither cold, not hot, I will begin to vomit thee out of my mouth. -Apocalypse  3:16

MichaelNZ

Re: Disparity of Cult
« Reply #2 on: December 10, 2010, 05:45:am »
Was she baptized at the time of marriage? If she was, then the Petrine Privilege may apply. If not, the Pauline privilege may apply.

From the Fish Eaters site:

The Petrine Privilege

The Petrine Privilege is exercised when: one of the parties was unbaptized at the time of the marriage, they separate without the baptized party being at fault (or plan to separate and the unbaptized party refuses Baptism and will not live peaceably with the baptized party), and the baptized party now wants to marry a Catholic (see I Esdras 10-14). Unlike the Pauline Privilege which is handled by the local Bishop, this sort of case is sent to Rome to be adjudicated by the Pope himself.

The Pauline Privilege

The Pauline Privilege is exercised when: both parties are unbaptized at the time of marriage, one of the parties becomes baptized, and the unbaptized party leaves. This sort of case, which is handled by the local Bishop, is outlined in I Corinthians 7:10-15:

But to them that are married [i.e., those who are sacramentally married], not I, but the Lord, commandeth that the wife depart not from her husband. And if she depart, that she remain unmarried or be reconciled to her husband. And let not the husband put away his wife.

For to the rest [i.e., those who are in merely natural marriages] I speak, not the Lord. If any brother hath a wife that believeth not and she consent to dwell with him: let him not put her away. And if any woman hath a husband that believeth not and he consent to dwell with her: let her not put away her husband. For the unbelieving husband is sanctified by the believing wife: and the unbelieving wife is sanctified by the believing husband. Otherwise your children should be unclean: but now they are holy. But if the unbeliever depart, let him depart. For a brother or sister is not under servitude in such cases. But God hath called us in peace.

Stubborn

Re: Disparity of Cult
« Reply #3 on: December 10, 2010, 08:31:am »
One needs to be careful not to fall into the mind set that if the marriage was not sacramental that it was invalid - that is not so by any stretch of the imagination - or at least that's how it used to be, and should still be.

The Church recognizes Protestant marriages that are not sacramental, as valid and indissoluble - because She defneds not only the Sacrament of Matrimony, but also the Contract.

Speaking about the rules pre new Code of Canon Law, one must always remember that the Church will initially, always side with the Sacrament or Contract as being indissoluble first and foremost - a distant second is the hardships of the situation - and pretty much every situation is unique to itself - which is why no one, not even a priest or Bishop or Pope, and certainly no one on a message board  can give any rational opinion without first intimately knowing the particular situation.

Of course these days, the NO has become so weak that to expect the NO to vigilantly defend any Sacrament is wishful thinking - that especially applies to Matrimony.

It is the Mass that matters.

But because thou art lukewarm, and neither cold, not hot, I will begin to vomit thee out of my mouth. -Apocalypse  3:16