Common law marriage valid?

[Roguish]

I didn’t see that this question had been previously answered: Does the Church recognize common law marriages as valid? Or are the common law spouses in a state of sin?

If one or both of the spouses are Catholic, a common law marriage (in the absence of a sacramental marriage) is no marriage in the eyes of the Church, i.e. it is invalid. Only if both spouses are non-Catholics, then the Church will deem a common-law marriage valid – but of course still not sacramental.

 

[DarkLight]

but of course still not sacramental.

Any valid marriage between 2 baptized individuals is sacramental. So if a common law marriage is valid, if both partners are baptized it would be sacramental as well.

 

[dochawk]

Only, unless the impediment of no witnesses is dispensed, that is, for a Catholic.

In the extremely rare circumstances in which the lack of witnesses wold not be an impediment, it is improbable at best that there would-be the communications needed to get a dispensation . . .

It “matters” to the extent that there was a suggestion that marriage could not happen. It’s an issue of canon law; not a theological imperative.

hawk

 

[Vico]

…

It would be dispensed later when the Church learns of it, similar to CIC Can. 1121.

 

[runningdude]

Does the Church recognize common law marriages as valid? Or are the common law spouses in a state of sin?

If a country/state permits common law marriage, the Church would presume such marriages valid for eligible couples, unless proven otherwise.

Common law marriages, if permitted in civil law, have all the rights and privileges as marriages witnessed by an officiant.

If a Catholic got proper permission/dispensation from their bishop, they could also receive the civil benefits of marriage through the common law.

Could a common law marriage that is recognized as such by civil authorities be subsequently convalidated in the Church?

Common Law marriages are, by definition, recognized by civil authorities.

However, such a mode of marriage must be permitted under civil law. In the US, many states prohibit common law marriages in their boundaries. A couple cannot be married through the common law if the state abolished common law marriage (though a common law marriage formed in another state would be fully recognized in most cases).

Of course, a common law marriage must be entered in good faith.