Divorce and remarriage

[SuscipeMeDomine]

I have a question about divorce, remarriage, declarations of nullity, and convalidations.

Let’s assume that we’re talking about non-Catholics.

A marries B and they divorce.
A then marries C and they divorce.

A now wants to marry D. However, D is Catholic and wants to be married in the Church, so A must do something about the prior marriages. Let’s say that A receives a declaration of nullity for her marriage with B. What is the status of the marriage to C? Does it now become a valid marriage so that a declaration of nullity is needed? Or, since A wasn’t free to marry C does that marriage just disappear?

And a slight variation on the question. Let’s say that A and C are still married. A now wants to become Catholic. She receives a declaration of nullity for her marriage to B. She’s still in that in-between time where she hasn’t been received into the Church. Does her marriage to C need to be convalidated, or is it already valid?

Thanks for your insight.

 

[JulianN]

I have a question about divorce, remarriage, declarations of nullity, and convalidations.

Let’s assume that we’re talking about non-Catholics.

A marries B and they divorce.
A then marries C and they divorce.

A now wants to marry D. However, D is Catholic and wants to be married in the Church, so A must do something about the prior marriages. Let’s say that A receives a declaration of nullity for her marriage with B. What is the status of the marriage to C? Does it now become a valid marriage so that a declaration of nullity is needed? Or, since A wasn’t free to marry C does that marriage just disappear?

And a slight variation on the question. Let’s say that A and C are still married. A now wants to become Catholic. She receives a declaration of nullity for her marriage to B. She’s still in that in-between time where she hasn’t been received into the Church. Does her marriage to C need to be convalidated, or is it already valid?

Thanks for your insight.

A will need to get declarations of nullity for both prior marriages. The grounds for her marriage to C may indeed be that of a prior bond (with B).

If she is still married to C, she will need a convalidation.

However, keep in mind that A really, really needs to discuss this with her pastor. There are always variables in each case.

 

[cameron_lansing]

A will need to get declarations of nullity for both prior marriages. The grounds for her marriage to C may indeed be that of a prior bond (with B).

If she is still married to C, she will need a convalidation.

However, keep in mind that A really, really needs to discuss this with her pastor. There are always variables in each case.

The observation regarding the variables and seeking counsel is a wise one.

However, If the nullity of the marriage of A and B is found, then A was free to marry B and the impediment of ligamen or prior bond did not exist. Only a valid marriage presents the impediment. The marriage of A and B was presumed valid, but not truely so.

In the scenario that A wishes to perservere in a marriage to C and the nullity of marriage to B was established and she is not Catholic, merely seeking to become one, a convalidation of the marriage of A and C is not necessary. The marriage of A and B did not present the impediment of ligamen at the time of the marriage of A and C. (The Apostolic Signatura expressly condemns such an approach of finding the first marriage invalid, and on that basis, turning around and using an invalid marriage as the basis of a ligamen in the second case.)

Hence if there were no problems with the form of the celebration of the marriage of A and C, and if C were also free to marry, they were capable of establishing a valid marriage.

 

[puzzleannie]

I lost track of the ABCs but the first marriage in investigated first. If it is found to be null, the second marriage is investigated, and so forth. Bear in mind that either of these investigations may result in a decree of nullity with a proviso that the impediment be removed before A attempts marriage again (if I was on the tribunal looking after this dued that would most certainly be the case).

 

[SuscipeMeDomine]

Thanks for your responses.

This is not a question about a real situation. I’m just trying to gain an understanding of how things work. I work with people in RCIA and there are a lot of people where either the person him/herself or the spouse is divorced and remarried. The basic thing I do is tell them to make an appointment with the pastor.

I got to wondering what would happen if it wasn’t just one marriage and divorce, but multiple marriages and divorces. And then I realized that I wasn’t sure whether a convalidation was needed after an annulment if the person hadn’t been Catholic at the time.

It’s helpful to me to have more knowledge on the subject.

 

[Claire_from_DE]

I have a question about divorce, remarriage, declarations of nullity, and convalidations.

Let’s assume that we’re talking about non-Catholics.

A marries B and they divorce.
A then marries C and they divorce.

A now wants to marry D. However, D is Catholic and wants to be married in the Church, so A must do something about the prior marriages. Let’s say that A receives a declaration of nullity for her marriage with B. What is the status of the marriage to C? Does it now become a valid marriage so that a declaration of nullity is needed? Or, since A wasn’t free to marry C does that marriage just disappear?

** And a slight variation on the question. Let’s say that A and C are still married. A now wants to become Catholic. She receives a declaration of nullity for her marriage to B. She’s still in that in-between time where she hasn’t been received into the Church. Does her marriage to C need to be convalidated, or is it already valid?**

Thanks for your insight.

In answer to your last question, since the marriage took place before she became Catholic the second marriage was valid and no convalidation is needed.