Baptized Ukrainian catholic + unbaptized
Marriage occurred in a Protestant church
NO tribunal offered two options
- Lack of Form
- Petrine privilege
Tribunal recommended Petrine route as being a more expeditious solution. This was granted
The marriage to the heathen Ukie is a valid, non-sacramental marriage. Were the Ukie subsequently baptised, the marriage would become sacramental.
Non-sacramental marriages can be dissolved in favour of the Faith (Petrine Privilege, Pauline Privilege), but sacramental marriages can only dissolved by the death of one or both spouses.
Understanding marriage validity can be complicated and confusing to those untrained in canon law, whether Corpus or 17 Code or 83 Code. For example, the marriage between two baptised Protestants would be presumed valid and invalidity would need to be proved. Or, Catholics are bound to canonical form for validity. Or, certain defects can be sanated (cleansed) at the root validating a marriage ex post facto. Or, a civil marriage or one attempted before a non-Catholic minister can be validated by convalidation before a Catholic minister with delegation. Ah ... delegation! For validity, one must contract marriage before a priest or deacon with faculties from the ordinary bishop or with delegation from a parish pastor. Oh ... oh ... and Eastern Catholics must have their marriages conferred by a priest, never a deacon which would likely invalidate the marrige because, whereas in the Latin Church, the spouses marry each other before ecclesiastical witness, in the Eastern Churches the priest (and never a deacon) confers the sacrament on the couple.