Earlier divorce of non-catholic partner

[rafael76]

Hello.

I have a question regarding non-catholic marriages. Can a catholic man (never married) marry a protestant woman if that woman had been married before to an other protestant and had then been divorced and is now willing to marry in the catholic church and have the potential children baptized as catholics? In other words, does the prohibition to marry a divorced woman also apply if the marriage in question was outside the catholic church? It is my understanding that the catholic church somehow recognizes other marriages (which other christian denominations? what about e.g. an islamic marriage?) but it is unclear if this recognition also means that a former non-catholic marriage is an impediment to marriage? I have heard that there is some kind of annulment process for non-catholic marriages, which would imply that in principle it would be an impediment. What if that annulment procedure would not be possible because the first husband of the woman in question does not want any contact with said woman? I guess that this problem is not as unusual as it may seem at first sight, in particular in regions in which there are few catholics and one can be happy to find a christian partner in the first place. Any helpful advice is very much appreciated.

Best wishes

R.

 

[1ke]

Can a catholic man (never married) marry a protestant woman if that woman had been married before to an other protestant and had then been divorced and is now willing to marry in the catholic church and have the potential children baptized as catholics?

He can marry her if:

1. 
   *]her freedom to marry is established by the tribunalm. This requires examining her first marriage for nullity or the ability to dissolve the bond under the Pauline or Petrine Privilege.
   *]they complete Catholic marital preparation
   *]the Catholic promises to raise any children in the Catholic Church and attests that there are no impediments to the free exercise of their faith
   *]the bishop gives permission for mixed marriage (or if the protestant is unbaptized, a dispensation from disparity of cult)
   

   In other words, does the prohibition to marry a divorced woman also apply if the marriage in question was outside the catholic church?

   Yes.
   
   She is not currently free to marry. She has a prior bond.
   

   It is my understanding that the catholic church somehow recognizes other marriages (which other christian denominations? what about e.g. an islamic marriage?)

   Non-Catholics, baptized or not, marry validly when they marry each other provided there are no divine law impediments (such as a prior marriage, close kinship, etc).
   

   but it is unclear if this recognition also means that a former non-catholic marriage is an impediment to marriage?

   Yes, it is an impediment to a subsequent marriage. Her marriage is valid unless it can be proven otherwise.
   

   I have heard that there is some kind of annulment process for non-catholic marriages, which would imply that in principle it would be an impediment.

   It is the same nullity process that a Catholic goes through. There is no separate process.
   

   What if that annulment procedure would not be possible because the first husband of the woman in question does not want any contact with said woman?

   A nullity petition can move forward with or without the respondent. The baptismal status of the two individuals may also leave open the dissolution of the bond under the Pauline or Petrine Privilege if either were unbaptized. There may also be an avenue for a Ligamen case if the first husband was previously married before his marriage to this woman. And, of course, if the first husband was a Catholic, there may be other avenues as well such as lack of form.
   
   So, really, the first step is for this woman to sit down with your pastor and lay out ALL the facts of her marriage to determine whether or not she has any grounds for nullity or a dissolution of the bond.
   

   I guess that this problem is not as unusual as it may seem at first sight, in particular in regions in which there are few catholics and one can be happy to find a christian partner in the first place. Any helpful advice is very much appreciated.

   Advice is: do not make ANY plans with someone who is not free to marry you.
   
   This must be dealt with before you even consider marriage because if this woman’s marriage is found to be VALID and there is no option for dissolution of the bond then you can never marry her while her actual husband is alive.

 

[ahs]

The non-Catholic Marriage is assumed to be valid until proven otherwise. The woman in this case is assumed to be currently Married and is not free to marry…but being divorced, she can now proceed to inquire about nullity.

 

[rafael76]

Thanks a lot! I had written an answer here earlier but my internet connection seems to have broken just at that moment.

First of all, thanks for confirming my suspicion. Unfortunately this tiny little detail of information about a prior church marriage was provided to me a little bit late - but fortunately not too late.

But this brings a follow-up question to my mind:
Taking in mind that protestants don’t believe that their religious ceremony is sacramental in nature, would it be any had the marriage been only before the relevant government authorities of the country in which it was concluded? Would two non-catholics who get married in a non-religious ceremony be considered married in the eyes of the catholic church? (which might be relevant to converts who might think that they were never married in church but might face an impediment were they to wish to marry later)

Matthew 5:32 seems to be clear: a man who sleeps with a divorced woman commits adultery. But I have seen versions of the text in which the woman is not referred to as divorced but as one who has been released from the marriage, which makes sense in the contect of Matthew 5:31 in which reference is made to the fact that the old Jewish law required a man who wanted to divorce his wife to give her a divorce document also known as a “get”. But that does not take into account that a woman might want to divorce her husband in case of an infidelity on his part. Am I right to assume that it also applies the other way around, i.a. a partner who has had a divorce because of the infidelity of the other partner would also not be free to marry. It seems harsh, yet, it emphasizes the special value of marriage. - Or is there any exception for victims of marital infidelity? The only way I can think of would be through an annulment if one assumes that the other partner never meant to be married. But then we come back to the earlier problem: if the marriage was outside any religious context - how does one find that out?

I do not expect all answers in this forum, but would be grateful to be pointed in the direction of some material.

Thanks!

 

[1ke]

Would two non-catholics who get married in a non-religious ceremony be considered married in the eyes of the catholic church?

Yes. They marry validly with any civil witness.

Am I right to assume that it also applies the other way around, i.a. a partner who has had a divorce because of the infidelity of the other partner would also not be free to marry.

Neither party is free to contract a new marriage.

Or is there any exception for victims of marital infidelity?

No. The couple is encouraged to reconcile and resume the conjugal life. Infidelity does not render a marriage invalid.

if the marriage was outside any religious context - how does one find that out?

Civl marriages are valid. A non-Catholic who has been previously married is not free to mary a Catholic. If they believe the have grounds for nullity, or believe they may be a candidate for dissolution of the bond, they can petition the tribunal.

 

[ahs]

All marriages are assumed valid until found to be null. I forget which section and can’t search at this very moment, but go here and find under Book IV, Part 1, Title 7 “Marriage”…

vatican.va/archive/ENG1104/_INDEX.HTM

 

[ahs]

Found it…

Can. 1060 Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven.