I did not know this. I find that rather strange ( not saying you are wrong). I thought the requirement for annulment is because you are a Catholic. Then wouldn’t it also be spiritually binding for a couple to make private vows to each other, even if not before God? What if unmarried person wanted to marry a non-Catholic man/woman previously married in a civil ceremony?
Sorry, this is off-thread.
It’s all so confusing, huh?
The Catholic Church accepts annulment applications from non-Catholics if, for some reason, a non-Catholic is concerned enough to ask for the Church to investigate their marriage and nullify it.
Usually, though, people who are not Catholic and who are not trying to become Catholic or who are not trying to marry a Catholic in the Church skip annulments altogether and just re-marry civilly or in a Protestant ceremony. Annulment of previous marriage is only
required if the couple wish to marry in the Catholic Church. If I were a Lutheran, for example, my previous marriage would make no difference and my current husband and I would be accepted as validly married.
For a marriage to be valid the Church does require witnesses. Usually, a priest and two other witnesses. The priest does not give the couple the sacrament. They give the Sacrament to each other. The priest is the official witness on behalf of the Church.
If an unmarried person wants to marry a previously married person in a civil ceremony they are free to do so as long as the law allows. But that doesn’t mean the Church would recognize the marriage. The Church would assume the previous marriage is valid unless proven otherwise by a tribunal or the previous spouse is deceased.
If the unmarried person marrying a previously married person happens to be Catholic, the Church doesn’t recognize the couple as married because the Catholic failed to follow Church law and marry in front of a priest and because the other persons previous marriage is still assumed valid unless proven otherwise through the annulment process.
Actually, that is my exact situation. My husband was Baptized Catholic and had never been married before. Because he was Baptized Catholic, he was required to marry in front of a priest or get a dispensation to marry outside the Church. He was not a practicing Catholic when we married, so he never bothered with a dispensation and we married in a civil ceremony. I, of course, was previously married and divorced.
According to Church law, our marriage is invalid for two separate reasons. 1) I was previously married, my former spouse is still alive, and I do not have an annulment. 2) Husband is a Catholic who did not marry according to Church law.
In order for our marriage to be recognized by the Church we must get my first marriage annulled and then have a convalidation ceremony.
If I had not been previously married, we would just have to have our marriage convalidated to be recognized.