Invalid marriage due to lack of form

[MCH]

If it has been established without doubt that a marriage is invalid due to lack of form, what are the implications for the Catholic party in the marriage?There is absolutely no chance of having it convalidated(?).

 

[SuscipeMeDomine]

Having the marriage convalidated is the way you eliminate the invalidity due to lack of form.

Say, for example, that a couple where at least one of the people is Catholic is married by a judge. As far as the Church sees it, they are not validly married. They can talk to a priest, go through whatever preparation might be required, then have their marriage convalidated so that it will then be a valid marriage.

If one of the people has been married before, that would need to be resolved before the marriage could be convalidated.

 

[MCH]

But what does it mean practically if the Church does not recognise it?The non-Catholic party will never agree to convalidation.

 

[SuscipeMeDomine]

For the Catholic it means that he can’t receive the sacraments.

At the very least, the Catholic party should talk with his priest to see what options there may be.

I would have to wonder about the non-Catholic spouse as well. Why would there be opposition to having the marriage recognized by the Church? I guess that’s an issue for the couple to discuss. In the meantime, it plays havoc with the Catholic spouse’s spiritual life.

 

[Lorrie]

The Catholic could receive the Sacraments as long as the Catholic and their spouse live as brother and sister (no intimacy).

 

[SuscipeMeDomine]

The Catholic could receive the Sacraments as long as the Catholic and their spouse live as brother and sister (no intimacy).

That’s not really what the Church teaches. For example, here’s the answer from one of [EWTN’s experts:

](http://www.ewtn.com/vexperts/showre...RDER_BY_TXT=ORDER+BY+ReplyDate+DESC&start_at=)Question from on 02-02-2007:

Can a catholic who is divorced and remarried receive communion if the couple agree to live chastely, as brother and sister? If so, are there other conditions necessary to allow them to receive communion? If they can, is there any church document that says so?

Answer by Rev. Mark J. Gantley, JCL on 02-04-2007:

This is answered the the Apostolic Exhortation of Pope John Paul II Familaris Consortio On the Family, issued in 1983.

Generally speaking, no. If Catholic who is divorced and remarried outside of the Catholic Church wishes to receive the sacraments, then he or she is to separate from the invalid marriage.

Of course, such individual may choose to petition for a declaration of nullity for the prior marriage and, if the prior marriage is determined to be invalid by a Church Tribunal, then the couple may convalidate the marriage, go to confession and return to the reception of Holy Communion.

If this is not possible, then the couple is morally bound to separate.

The brother-sister relationship (where a couple makes separate sleeping arrangements and refrains from sexual activitiy) is only possible when there is some grave reason for them not to separate, such as the presence of minor children in the home.

However, even in this case, the couple is only permitted to receive the sacraments in places where their condition is not known to others in order to avoid scandal.

And in this case, once the children are grown, the couple is then obligated to separate.

**There seems to be a lot of confusion with this brother-sister thing today, as if the Church is going around trying to police people’s bedrooms. This is not encouraged as a solution by the Church, only tolerated under conditions such as what I have described above. The Church wants people to enjoy sexual intimacy. In fact, it teaches that it is not just a right but also an obligation for married couples. But the Church just wants people to be validly married first.
**

 

[Br.Rich_SFO]

If it has been established without doubt that a marriage is invalid due to lack of form, what are the implications for the Catholic party in the marriage?There is absolutely no chance of having it convalidated(?).

First the only way for this to be “established without doubt” is for the Church Marriage tribunal to decree it so. After that the implications are for the Catholic to stop living together with the other person in a manner that suggests they are validly Married. If this is not externally possible, because of legal issues or children. They must stop acting as though Married within the relationahip. Such as moving into separate rooms within the home until the Marriage is convlidated or resolved in another manner by he Church. Until this the Catholic should stop receiving the Sacraments and spea with their pastor. If there is absolutely no chance of having it convalidated or resolved in another manner by he Church. The process must move towards disolving the living arrangements as soon as possible.

 

[SuscipeMeDomine]

First the only way for this to be “established without doubt” is for the Church Marriage tribunal to decree it so.

My understanding is that a tribunal won’t take a case until there has been a civil divorce. (Perhaps that’s not true in all areas.)

If the couple is married and wants to stay married, the only solution I can see is to have the marriage convalidated. Otherwise the Catholic party is separated from the sacraments.

 

[Br.Rich_SFO]

My understanding is that a tribunal won’t take a case until there has been a civil divorce. (Perhaps that’s not true in all areas.)

If the couple is married and wants to stay married, the only solution I can see is to have the marriage convalidated. Otherwise the Catholic party is separated from the sacraments.

That is correct. My point is that a Marriage cannot be determined valid or invalid by anyone except the Church. A couple cannot look at a marriage and determine for themselves if it is or is not valid. A Marriage is generally assummed valid until proven otherwise. A Marriage that is invalid due to Form can be resolved by Convalidation or in some cases by Radical Sanation.

 

[SuscipeMeDomine]

That is correct. My point is that a Marriage cannot be determined valid or invalid by anyone except the Church. A couple cannot look at a marriage and determine for themselves if it is or is not valid.

Except that the OP was talking about a lack of form. It doesn’t take a tribunal to say that if a Catholic is married civilly or by a minister without a dispensation, there’s a problem. I hope the OP will talk to a priest and explore what possibilities may exist.

 

[1ke]

But what does it mean practically if the Church does not recognise it?

It means they are in a state of mortal sin, and that they cannot receive the Sacraments, until this is resolved. As others have pointed out, if they live as brother/sister until it’s resolved, then they can go to Confession and resume the Sacraments.

The non-Catholic party will never agree to convalidation.

There is the option of radical sanation in some cases-- which does not require giving new consent and can be done without the other party agreeing, or even knowing.

A person in such a situation should talk to their priest, pronto.

 

[puzzleannie]

If it has been established without doubt that a marriage is invalid due to lack of form, what are the implications for the Catholic party in the marriage?There is absolutely no chance of having it convalidated(?).

it has not been established until the Church establishes it, which means the Catholic party has already seen his priest, who should be advising him on what to do next. not a fruitful topic for this forum as there is not enough info, and not much we could do if we did have more info. The Catholic party, if there is no way to resolve the situation, can appeal for a couple of solutions, on which the priest can give more detail, and also pastoral counselling including advice from the confessional if indicated.

 

[Rammy]

I beg to differ…please, there is much you offer with advice, and i have seen it in many posts. There is good information you have offered the thread, but i take concern at the need to tell another this is not the place…

YES, this is the place to be led by brother or sister to a better form of information, and share and validate a confused, lost or frustrated Christian.

Wonderful (name removed by moderator)ut for the situation, poor on the person to person approach whaere so many i have noticed are new, and fragile to doing Wrong.

Support is the way our fellow man or woman needs us to be strong in. Personally, i was concerned with the orriginal poster feeling it was not appropriate to share questions or concerns.

Lana

 

[Br.Rich_SFO]

Except that the OP was talking about a lack of form. It doesn’t take a tribunal to say that if a Catholic is married civilly or by a minister without a dispensation, there’s a problem. I hope the OP will talk to a priest and explore what possibilities may exist.

Lack of Form is still NOT self-determined.

 

[puzzleannie]

here is a recent thread discussing the same topic, what the Catholic party should do if he or she believes his marriage is invalid due to lack of form
forums.catholic-questions.org/showthread.php?t=176372
hope this helps