Question:
Answer:
I infer you’re speaking about a scenario in which a divorced-and-civilly-remarried couple have sought annulments from their previous marriages, one or both spouses didn’t receive an annulment, and yet they still desire to become Catholic.
First, did they appeal their decision(s) regarding the annulment(s)? That would be the first step, assuming they are still within the time frame to make an appeal. If not, and they were not counseled that they had a right to appeal a diocesan tribunal’s decision, which would seem rather unusual, they could possibly seek to appeal on those grounds.
In any event, if they do not receive a declaration of nullity on appeal, I suggest they seek spiritual counsel from a good, faithful priest who’s also known for his pastoral mercy. Because a Church tribunal had judged that they remain validly married to other spouses, one option would be to satisfy the normal “obligation to separate” in such circumstances, as Pope St. John Paul II noted in his 1981 apostolic exhortation (Familiaris Consortio 84), in which case the individuals could seek to become Catholic as a non-couple. In addition, for such a couple to remain together, John Paul II added there would need to be a serious reason(s), e.g., for “the children’s upbringing” of any child procreated in the relationship, or if one is elderly and dependent financially on her invalidly married husband.
Also, if they remained together under the same roof, and because of their existing valid marriages to other spouses, they would have to live as brother and sister in perpetuity, i.e., without conjugal relations as husband and wife. Such a living arrangement would certainly involve self-sacrifice, but with God’s grace, it would not simply be possible but certainly preferable to flouting Christ’s teachings on marriage, as well as because of the graces our Lord Jesus would give them to do so.
Further, as I have written elsewhere, the Church requires divorced-and-invalidly-remarried couples to have their previous marriages adjudicated, and, if they receive declarations of nullity, they could get married as part of being received into full communion in the Church, and thus would also receive other sacraments in the process (e.g., confession, confirmation, and the Eucharist). To do otherwise would be to put the ecclesiastical cart before the horse, so to speak, and also risk scandal, including the couple’s leaving the Church if one (or both) didn’t receive annulments.
If a divorced-and-invalidly-remarried couple didn’t receive annulments, had serious reasons to stay together, and were truly committed to living as brother and sister the rest of their lives, they could possibly contact their local diocesan bishop to see whether an exception might be made in permitting them to become Catholics in their extraordinary circumstances. I’m not aware of such a precedent, but it might be possible in such extraordinary circumstance, provided the couple had embraced a life of complete continence with childlike docility and were committed to living such a life the rest of their lives, or until such time that it was prudent for them to separate.
Any such permission would ultimately have to come from the Holy See in Rome, whether from the Dicastery for the Doctrine of the Faith and/or the Dicastery for Divine Worship and the Discipline for the Sacraments.
If such special permission were granted, and if their divorced-and-remarried status were known in the parish, they would likely be directed to come up for blessings at Communion time during weekly Sunday Mass, and then receive Holy Communion privately, lest public scandal occur, as I’ve written elsewhere.
However, first things first. Contact a local parish pastor and also the diocesan tribunal to see where exactly they stand regarding the annulment process.
Finally, to further understand why the Church takes so seriously the sacrament of marriage and the reception of Holy Communion, please see my related essay in connection with serving well divorced-and-remarried couples.