Organization: City University of New York/ University Computer Center
Date: Monday, 21 Dec 1992 12:36:48 EST
From: Marty Helgesen <MNHCC@CUNYVM.BITNET>
Newsgroups: bit.listserv.catholic
Subject: Re: Marrying a divorcee

In article <CATHOLIC%92122111205127@AUVM.AMERICAN.EDU>, esler@APOLLO.HP.COM
says:
>
>I have some questions about canon law as it applies to the situation
>of a Catholic who wishes to marry a divorcee.  Can anyone tell me what
>the Church law is regarding to the following situations:
>
>A (never married) Catholic seeks to marry a divorcee who:
>
>        1. Is also Catholic and whose previous marriage was in the
>           Catholic Church.
>
Marriage is not possible unless there was an invalidating impediment
at the time of the "first marriage" which is grounds for an annulment.

>        2. Is also Catholic and whose previous marriage was NOT in the
>           Catholic Church.
>
A Catholic must marry in a Catholic ceremony unless a dispensation
is granted permitting marriage in a non-Catholic ceremony.  (There
also is at least one automatic "dispensation" in canon law, but it
normally would apply only to mission territories or areas undergoing
severe persecution when a Catholic ceremony is not possible.)
Therefore, unless she had received a dispensation for a non-Catholic
ceremony she was married in the eyes of the state, but not in the
eyes of God and the Church.  Some paperwork to document the invalidity
of the putative marriage may be necessary, but if so it should be a
lot simpler than getting an annulment.

>        3. Is non-Catholic and whose previous marriage was in the
>           Catholic Church.
>
Same answer as to 1.

>        4. Is non-Catholic and whose previous marriage was NOT in the
>           Catholic Church.
>
Only Catholics are bound by the canon law requirement that marriages
be solemnized in a Catholic ceremony.  Therefore, marriages between
two non-Catholics are valid marriages.  If both are baptized non-Catholics
the marriage is also a sacrament, just as a Catholic marriage is.  The
ministers of the sacrament of matrimony are the man and the women, who
administer it to each other when they exchange their vows. The priest
is present only as the Church's official witness.  If she married a
Catholic in a non-Catholic ceremony, the answer would be the same as
to 2.  If she married a non-Catholic the answer would be the same
as to 1.  If it was not a Christian marriage, it was a (presumably)
valid natural marriage, but not sacramental.  Natural marriages are
normally as binding as sacramental marriages, but if she was not
baptized and later was baptized the Pauline Privilege may permit
marriage.

Canon law can be as intricate as civil law and, as in civil law, a
lot depends on details that may seem irrelevant to the layman.  If
this is not a hypothetical question but a real question affecting
you or someone you know, the people involved should discuss it with
a priest.  He has the necessary training in canon law for a preliminary
evaluation, and, if necessary can refer them to a canon lawyer.
-------

Marty Helgesen
Bitnet: mnhcc@cunyvm   Internet: mnhcc@cunyvm.cuny.edu

"Experience beats in vain upon a congenital progressive."
        --  C. S. Lewis
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