The Pauline Privilege
These cases are governed by canons 1143-1147. Conditions for the Pauline Privilege are:
a. At the time of the marriage, both of the parties to the marriage were not baptized in any valid Christian baptism, and at least the other party has remained unbaptized.
b. That first union ended in divorce.
c. The Petitioner now wishes to receive baptism (or has received it).
d. The former spouse does not intend to be baptized, and does not wish to be reconciled with the Petitioner.
e. The Petitioner now wishes to enter a new marriage, normally with a Catholic.
If these conditions exist, the Pauline Privilege petition and Petitioner’s deposition, including the following information and documents, are necessary:
1. The marriage certificate of the marriage for which the dissolution is being petitioned.
2. The final decree of divorce of this same marriage.
3. The name and address of the former spouse.
4. The names and addresses of at least two witnesses to the non-baptism of the party/ parties. The best witnesses are parents, aunts and uncles, or older siblings who can testify about the lack of baptism, especially during infancy and childhood years. Sometimes documents can supplement or replace such testimony (e.g., records of attending a synagogue, etc.).
The petition form and the Petitioner’s deposition ask for other information to fill out the case. Normally, the Tribunal will seek the testimony of the Respondent and witnesses. Consult with the office if there is reason for you to seek the testimony directly.
The Petitioner is not to be baptized until authorized by the Tribunal. The first marriage is dissolved only when the Petitioner, having received baptism, enters into the new valid marriage. Normally, the baptism and the new marriage should be scheduled in close proximity.
Since the first marriage is being dissolved rather than declared null, its validity is still presumed. Hence, that first marriage to be dissolved can be the foundation for declaring any subsequent marriage or marriages null on the basis of the impediment of ligamen.
No guarantee can be made that a case will be decided affirmatively. Therefore, no dates for baptism or a new marriage should be scheduled, not even on a tentative basis, until the Tribunal has completed its investigation.
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Download Materials
- Petition 1: Application
(120 K PDF File) - Petition 2: Witnesses
(80 K PDF File) - Petition 3: Depositions
(100 K PDF File)
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