Invalid marriage unique situation

[BostonbyGeorgie]

I married in the Catholic Church. My husband is a non catholic. He said he was baptized so we got a permission to enter a mixed marriage. I learned much later that he had just assumed he was baptized because he thought it was something his mom would have done, but she told him that he was not in fact baptized. We’ve been married for 14 years. Is our marriage just completely invalid? I thought I had entered into a sacramental marriage. I am upset to find out that at best it is natural, at worst not even valid.

 

[Zaccheus]

Find out whether your husband is willing to be baptized. And talk to your priest.

 

[poche]

I believe that your marriage is valid. Your husband didn’t deliberately lie to the Church so your marriage should be valid.

 

[Cor_ad_Cor]

See your priest.

 

[Cor_ad_Cor]

Nothing was “behind your back” - I posted directly to the public thread. I disagreed with you, as I often do, but I didn’t do anything uncharitable. Have a nice day.

 

[TheLittleLady]

Your Diocese office has dealt with the same situation before, your situation is not unique.

Simply call the Tribunal Office at your Diocese and they will start you on the process to rectify anything. Don’t panic, they know how to make it right.

 

[Mi_Rose]

It i s a valid marriage until more than one person can say with certainy that he was never baptized. A negative is very difficult to prove.

 

[Tis_Bearself]

Hi, BostonbyGeorgie, welcome to the forums.

As others have said, please go straight to your priest and discuss this situation. He is best able to discuss with you and determine a way forward. I can understand this being upsetting and I think sometimes those who want to explore questions of canon law on these threads lose sight of the fact that there are human beings involved here who are not lawyers and simply wish/ hope to set things right. As a lawyer myself (though NOT a canon lawyer), I understand that throwing around a lot of legal terminology, even in a good faith discussion, can be intimidating to a non-lawyer.

Please just speak to your priest.
I hope perhaps your husband would agree to be baptized (as it seems he thought he already was) and I will pray for you both. God bless.

 

[Mi_Rose]

Marriage enjoys the favor of the law. It is presumed to be valid until proven otherwise.

 

[1ke]

Marriage enjoys the favor of the law. It is presumed to be valid until proven otherwise.

Almost.

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.

 

[1ke]

We’ve been married for 14 years. Is our marriage just completely invalid?

Disparity of cult is an impediment that must be dispensed.

Since it wasn’t, your priest can help you complete a radical sanation through your bishop.

I’m sure this has distressed you, but be comforted that yours is not the first case where this has happened, and your priest can help you.

You didn’t do anything wrong. Both of you acted in good faith. You’ve come into new information, and you need to act on that information, but it is easily rectified.

I thought I had entered into a sacramental marriage. I am upset to find out that at best it is natural, at worst not even valid.

When it is sanated, it will be a natural marriage. Please don’t view that as a bad thing.

Afterwards, if and when your husband decides to be baptized, the valid natural marriage would become sacramental.

Have you asked him if he wants to be baptized? Either Catholic or in the faith tradition of his family?

 

[Mi_Rose]

I don’t see a difference there unless you mean if there is no doubt the marriage is invalid.
Of course that is why my husband is the canon lawyer in the family.