I’ve been recently asked by my brother to be the godfather to his child, as well as my wife to be the godmother. Both my wife and I are Catholic (baptized & confirmed). The problem is that my wife and I had a civil marriage. Partly because my wife was married once prior in a Catholic church but has since been divorced legally, but not getting an annulment. Can we be godparents, or can one of us be godparents while the other just a witness? Your help to my dilemma is greatly appreciated.
Sorry, no. It appears that neither of you may currently serve as Godparents since you do not meet the requirements for sponsors as outlined in the Code of Canon Law excerpted below.
"CHAPTER IV.
SPONSORS
Can. 872 Insofar as possible, a person to be baptized is to be given a sponsor who assists an adult in Christian initiation or together with the parents presents an infant for baptism. A sponsor also helps the baptized person to lead a Christian life in keeping with baptism and to fulfill faithfully the obligations inherent in it.
Can. 873 There is to be only one male sponsor or one female sponsor or one of each.
Can. 874 §1. To be permitted to take on the function of sponsor a person must:
1/ be designated by the one to be baptized, by the parents or the person who takes their place, or in their absence by the pastor or minister and have the aptitude and intention of fulfilling this function;
2/ have completed the sixteenth year of age, unless the diocesan bishop has established another age, or the pastor or minister has granted an exception for a just cause;
3/ be a Catholic who has been confirmed and has already received the most holy sacrament of the Eucharist and
who leads a life of faith in keeping with the function to be taken on;
4/ not be bound by any canonical penalty legitimately imposed or declared;
5/ not be the father or mother of the one to be baptized.
§2. A baptized person who belongs to a non-Catholic ecclesial community is not to participate except together with a Catholic sponsor and then only as a witness of the baptism.
Link:
vatican.va/archive/ENG1104/__P2Y.HTM
Leading a life in harmony with the faith means that a Catholic must be in a valid marriage and be a practicing Catholic. Perhaps your wife can seek a Decree of Nullity regarding the first marriage? Then, if she receives it, you can then have your marriage convalidated so you both can return to the sacraments and faith?