Civil Marriage Performed by Catholic Judge

[1ke]

We were told by our priest as well as a Canon Lawyer the our marriage was legitimate, but just needed to be convalidated.

Perhaps they worded things poorly. Your marriage needed to be convalidated because it was not valid. Convalidate means “make valid”.

I can’t really say what they meant by saying the marriage was “legitimate” other than perhaps they meant civilly legal.

Within Church law, a marriage of a Catholic to anyone outside the Church without dispensation has no legal status-- it is not a valid marriage. It is not a putative marriage. It does not enjoy the favor of the law.

You made or will make it valid through simple convalidation (with the new exchange of consent) or through radical sanation (meaning it became retroactively valid back to the exchange of original consent).

 

[1ke]

The term “legitimate” is only in regards to any children you may have. The Church does not consider your children to be illegitimate because you are in a marriage that is recognized by the state.

actually, this is not an accurate statement.

I don’t really know what the other poster may have been told about their marriage, or how or if the word “legitimate” was used.

But what i can tell you is what the Church says about children, and it is this:

Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.

Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.

§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.

Can. 1139 Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.

Can. 1140 As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.

Children born of a valid or putative marriage are legitimate. Children born in other circumstances are not. Children who are not legitimate legitimated by the valid marriage of their parents.

 

[Unique_name]

If that’s the case, wouldn’t it be logical to make getting a marriage convalidated like, your absolute top priority? Because if you continue to live life like normal without getting it convalidated, wouldn’t you be perpetually living in sin? And wouldn’t you have to go to confession every week you didn’t get it convalidated? Our priest just didn’t seem too concerned about it so I’m looking for some clarification.

 

[1ke]

If that’s the case, wouldn’t it be logical to make getting a marriage convalidated like, your absolute top priority?

Well, yes, it should definitely be a priority when one returns to the Church.

Those who are not interested in returning likely don’t care what the Church thinks about their marriage nor would it be a priority to them.

Because if you continue to live life like normal without getting it convalidated, wouldn’t you be perpetually living in sin? And wouldn’t you have to go to confession every week you didn’t get it convalidated?

Depends on whether you are having marital relations or not.

Our priest just didn’t seem too concerned about it so I’m looking for some clarification.

Can’t really help you there. Talk to your priest.

 

[phil19034]

phil19034:

The term “legitimate” is only in regards to any children you may have. The Church does not consider your children to be illegitimate because you are in a marriage that is recognized by the state.

actually, this is not an accurate statement.

I don’t really know what the other poster may have been told about their marriage, or how or if the word “legitimate” was used.

But what i can tell you is what the Church says about children, and it is this:

Can. 1137 The children conceived or born of a valid or putative marriage are legitimate.

Can. 1138 §1. The father is he whom a lawful marriage indicates unless clear evidence proves the contrary.

§2. Children born at least 180 days after the day when the marriage was celebrated or within 300 days from the day of the dissolution of conjugal life are presumed to be legitimate.

Can. 1139 Illegitimate children are legitimated by the subsequent valid or putative marriage of their parents or by a rescript of the Holy See.

Can. 1140 As regards canonical effects, legitimated children are equal in all things to legitimate ones unless the law has expressly provided otherwise.

Children born of a valid or putative marriage are legitimate. Children born in other circumstances are not. Children who are not legitimate legitimated by the valid marriage of their parents.

What I meant is pretty much what you wrote. I may not have expressed myself using the best words, but what you wrote is what I meant.

It sounds to me that the marriage might be a putative marriage

Therefore, any kids would be legitimate. At least that’s my guess as to why the word “legitimate” was used, because I know lots of parents who fear their kids would be considered illegitimate.

But the marriage is still, obviously invalid.

 

[1ke]

It sounds to me that the marriage might be a putative marriage

No. A marriage of a Catholic outside the Church is NOT a putative marriage.

 

[Unique_name]

You guys are no help at all.

 

[phil19034]

phil19034:

It sounds to me that the marriage might be a putative marriage

No. A marriage of a Catholic outside the Church is NOT a putative marriage.

Then, I don’t know why the word “legitimate” would be used? (unless they meant “legal” as far as the govt was concerned) The only place I can see that word being using is if they were trying to make the couple feel good about any kids

@Unique_name – bottom line, get a convalidation
If your spouse doesn’t want one, then ask the priest for a Radical Sanation.

As you can see, going back and forth with @1ke has proven that it truly is puzzling why the work “legitimate” was use

God Bless & Godspeed!

 

[Unique_name]

@Unique_name – bottom line, get a convalidation

We’re planning on it! Its been a trick getting our schedules to mesh with Father’s to discuss what we need to do. I know we need to do three sessions with the pre-marital counselors but we were never told anything other than that.

 

[JulianN]

In the eyes of the Church, you are not married. So, in addition to the ore-marriage counseling, the expectation is that you will live as two unmarried people are expected to live.

It’s unfortunate that the word ‘legitimate’ was used in a confusing way—the priest could only have meant this in a legal sense. He may have wanted you to understand that you won’t need a civil marriage license, because your civil wedding was legitimate under the law.

But, according to the Church, the convalidation ceremony is your wedding.
(And congratulations, by the way!)