Quote:
Originally posted by Bad_Rich_Chic
Physical consummation is not really the test (though it surely used to be moreso that it is now); the test is whether one ever actually engaged in or participated in the marriage (there is some magical term of art there that I am missing, but that is the gist).
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A Catholic in a bad marriage has four permissible options, not all of which necessarily apply.
- Separation. When any two baptized Christians marry, a sacramental marriage occurs, even in a civil ceremony. The couple is free only to separate or reconcile; no remarriage to others is permissible. Remarriage inside or outside the church basically forfeits reception of sacraments. See 1 Corinthians 7:10-11.
- Annulment. Given that sacramental marriages are insoluble, this is a judicial finding that no sacramental marriage occurred. The terms usually used are defect of mind or character in one spouse that prevented a valid marriage from forming. Consummation is irrelevant (yay!).
- Pauline Privilege. Where two non-Christians or one Christian and one non-Christian marry, the union is not sacramental, but is considered a "natural" marriage. If one later converts to Christianity, the Christian may invalidate the marriage upon a proper showing of abandonment. See 1 Corinthians 7:12-16. For example, if the non-believing spouse refuses to live with the Christian one, the non-believer can be permitted to withdraw from the marriage, leaving the Christian partner free to remarry. The Pauline Privilege does not apply when two baptized people marry and later one of them gives up on being Christian.
- Petrine Privilege. When a Christian marries a non-Christian, the marriage can be dissolved by Rome for "just cause." This is extremely rare, as it requires actual Vatican action --- this power is not delegated to the nice, nerdy guy at the diocesan offices; you have to plead your case to the Pope himself. You also had better have a good Catholic lined up to marry you; the Holy Father wants you to get it right this time, beeyotch.
Note that I use Christian instead of Catholic because the Roman Catholic Church regards those baptized in other denominations to be in the same category for these purposes.
Catholics among us who married non-Catholic spouses might recall the difference between a "permission" (to marry a non-Catholic) and a "dispensation" (to marry a person "of no creed"; boy, that's a nice way of putting it). Which form is used makes a difference in your remedies outlined above.
