Hypothetical Situation With Annulment

[Lil Red]

+J.M.J.+
so let's say that a Catholic couple lives in a very small town - one where there is no Catholic church. they are allowed to use the local Protestant church or church hall for their wedding. Would this be grounds for an annulment?

[cappie]

CHAPTER V: THE FORM OF THE CELEBRATION OF MARRIAGE

Can. 1108 §1 Only those marriages are valid which are contracted in the presence of the local Ordinary or parish priest or of the priest or deacon delegated by either of them, who, in the presence of two witnesses, assists, in accordance however with the rules set out in the following canons, and without prejudice to the exceptions mentioned in cann. 144, 1112 §1, 1116 and 1127 §§2 - 3.

While consent of both parties is sufficient to establish a marriage according to the natural law, cetain external solemnities are required for validity by positive ecclesiastical laws. These requirements are the result of the Church's struggle to eliminate the practice of clandestine marriages. The Fourth Lateran Council took action against these marriages by insisting that 'banns' be published for three days before the marriage, by suspending priests who blessed clandestine marriages and by imposing penalities. However the Council did not declare the marriages invalid. Something valid but illicit had taken place.

It was the Council of Trent, at it's 24th session, which took decisive action against these marriages. In the decree [i]Tametsi[/i], marriages were declared invalid unless they took place before a priest or another delegated by him and in the presence of two or three witnesses. As proof each parish was to have a book in which the names of the parties were to be inscribes as well as the names of the witnesses, together with the time and date of the wedding. Due to the reformation the decree was not promulgated evenly. This was rectified by the decree [i]Ne Temere[/i] issued by the Sacred Congregation for the Council in 1907. The provisions of [i]Tametsi[/i] were made universal law. Henceforth, any marriages celebrated by Catholics without the assistance of the parish priest of the place of marriage or the bishop or a priest delegated by either of them, or without the presence of two witnesses were considered invalid. This continues to be part of the current code, with a few minor alterations.

The present canon cited above makes explicit reference to four canons which foresee possible exceptions: these include the case of common error or positive or probable doubt about the deligation of the one who receives the consent in the name of the Church (Can 144); the case of a layperson who is delegated in certain circumstances to act as a qualified witness ( Can 1112 #1); the case of a marriage contracted before witnesses alone in certain foreseen circumstances ( Can 1116); where the local Ordinary has grated the dispensation from Canonical Form(Can 1127)

Can 1116 states:

Can. 1116 §1 If one who, in accordance with the law, is competent to assist, cannot be present or be approached without grave inconvenience, those who intend to enter a true marriage can validly and lawfully contract in the presence of witnesses only:

1° in danger of death;

2° apart from danger of death, provided it is prudently foreseen that this state of affairs will continue for a month.

§2 In either case, if another priest or deacon is at hand who can be present, he must be called upon and, together with the witnesses, be present at the celebration of the marriage, without prejudice to the validity of the marriage in the presence of only the witnesses.

Having regard for the above it would seem if the can 1116 was fulfilled the the marriage would be valid, but if the above conditions were not met then although valid according to natural law according to ecclesiastical law it would be invalid.