Is a civil marriage sacramental?

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Hello,

My wife and I were married civilly a few years back. A question we had in our discussions together is if we could have physical intimacy (sex) without it being a sin. We’re both baptised, practicing Catholics, but haven’t been married by a priest in a church.

Is this act sinful? Should we abstain or is our marriage sacramental and it’s ok?

Thank you,

-Mello
 
Hello,

My wife and I were married civilly a few years back. A question we had in our discussions together is if we could have physical intimacy (sex) without it being a sin. We’re both baptised, practicing Catholics, but haven’t been married by a priest in a church.

Is this act sinful? Should we abstain or is our marriage sacramental and it’s ok?

Thank you,

-Mello
If you are both Catholics and were married civilly without appropriate Catholic dispensations then the Catholic Church would consider your marriage invalid (and so, not sacramental).
 
If you are both Catholics and were married civilly without appropriate Catholic dispensations then the Catholic Church would consider your marriage invalid (and so, not sacramental).
However if you were neither of you Catholic, but baptized (and not otherwise impeded), at the time of your wedding, a civil marriage could well be sacramental.

Talk to your priest, who can inquire to these and other questions.

tee
 
Hello,

My wife and I were married civilly a few years back. A question we had in our discussions together is if we could have physical intimacy (sex) without it being a sin. We’re both baptised, practicing Catholics, but haven’t been married by a priest in a church.

Is this act sinful? Should we abstain or is our marriage sacramental and it’s ok?

Thank you,

-Mello
If one of you is Catholic you are bound by canon law on marriage, as well as by natural law, which binds everyone. You are not validly married unless the form of marriage followed that law, what we commonly call “being married in the Church”. Therefore you have no claim to the rights and privileges of marriage. Make an appointment with the priest today to rectify the situation through convalidation, which is a fairly simply process. Since in going the route you did indicates you probably did not know enough about Catholic marriage at the time you will also be guided through some marital preparation suitable for your circumstances. The priest will advise you how to conduct yourselves in the meantime.

This will be a great occasion of grace for you and your family. Welcome home to full participation in the Church and our sacraments.

to answer your title question, a civil marriage between two baptized non-Catholics is both valid and sacramental. (the exception being Orthodox who must follow the rules of their own faith).
 
Also you should not be receiving Communion, for the same reasons.
 
Hello,

My wife and I were married civilly a few years back. A question we had in our discussions together is if we could have physical intimacy (sex) without it being a sin. We’re both baptised, practicing Catholics, but haven’t been married by a priest in a church.

Is this act sinful? Should we abstain or is our marriage sacramental and it’s ok?

Thank you,

-Mello
Why, if you are both practicing Catholics, were you not married in the Church? In our case, although both of us were baptized, neither of us were practicing and never thought we’d return to the Church, so civil marriage seemed our only option.

I’d go talk to a priest ASAP and find out what you need to do to get your marriage blessed by the Church. Otherwise, yes, I believe you are considered to be living in sin.
 
Read the original post. Both “baptised”, practicing Catholics.
Yes, I did read it.
Code:
We're
both baptised, practicing Catholics, but haven’t been married by a priest in a church.
The highlighted contraction is ambiguous. It could mean at least any of:

  • *]*We were *[at the time]
    *]*We are *[now, and were at the time]
    *]*We are *[now, but were not at the time]

    no?

    tee
 
Much has been addressed here I see. As to sin…yes one needs to be married validly before one can “act as married persons”.

Very glad your seeking to rectify this!

Seeking to follow Jesus Christ…in whom is *true life *🙂
 
Yes, I did read it.

The highlighted contraction is ambiguous. It could mean at least any of:

  • *]*We were *[at the time]
    *]*We are *[now, and were at the time]
    *]*We are *[now, but were not at the time]

    no?

    tee

  • If they are now Catholics, but were not at the time they got married, the issue of the civil marriage would have been addressed when they went through RCIA. The priest would have given them instructions on convalidating their marriage in the CC.
 
If they are now Catholics, but were not at the time they got married, the issue of the civil marriage would have been addressed when they went through RCIA.** The priest would have given them instructions on convalidating their marriage in the CC.**
There would have been no need to convalidate their marriage if neither one was Catholic at the time of the wedding.
 
Hey all OP here.

Thank you for the replies and advice, but I think I need to continue the discussion with some more facts and the journey we’ve been travelling through these last 2 years henceforth.

We have always been practicing Catholics. We knew getting married under a justice of the peace wasn’t the best idea nor were we thinking it would make our marriage sacramental. We were thrown a curve ball a couple weeks ago when a person with a fellow Catholic with a masters in theology had told us our marriage was sacramental, but invalid. Our marriage is recognized by the church but is invalid in the eyes of the church. He told us, and another priest also, that invalidity did not mean not sacramental. Therefore, having sexual intimacy would not be a mortal sin.

They compared our marriage to what it says in Canon Law 1055. Since we were both baptized Christians, our marriage falls into the category of marriages performed outside the church. Since we are practicing our marriage is invalid, we both know this, but we are still a bit shell shocked that we could have had a sacramental marriage this entire time.

We are confused, but hopeful we can find an answer soon. We have been cohabitating, but have been abstaining from sexual activity.

So I guess the question is the interpretation of the Canon Law and whether or not invalidity means non sacramental. Also, it begs the question if practicing Catholics can marry in a way that isn’t the Canonical norm and having that one aspect of being “practicing” affect whether or not our civil marriage is sacramental.

We had one priest tell us we’re good and convalidation isn’t a necessity, but a personal preference. Several other priests have told us we are living in sin and need convalidation right away.

I really do appreciate the discussion going on here. Thank you for your prayers and concern.

-Mello
 
We were thrown a curve ball a couple weeks ago when a person with a fellow Catholic with a masters in theology had told us our marriage was sacramental, but invalid. Our marriage is recognized by the church but is invalid in the eyes of the church.
What was probably meant is that the Church recognizes that by the laws of the country you are in you are civilly married. That is entirely different from having a marriage that is recognized by the Church. As a Catholic you must follow Canon Law.
So I guess the question is the interpretation of the Canon Law and whether or not invalidity means non sacramental.
If you are Catholics that did not marry according to Canon Law, your marriage is not recognized by the Church, barring some extraordinary circumstances (e.g., you were stuck on a desert island with no priest around and exchanged vows). If you have no Church-recognized marriage, there is no “sacramental” issue to address in the first place.
 


-Mello
To be sacramental means it is both valid, and between two that are baptized. To be valid for a Catholic requires the Church to approve it. You posted: “We have always been practicing Catholics” so that means you must have approval of the Catholic Church for validity.

That means no un-dispensed impediments and one impediment is lack of canonical form, which is required for a Catholic. If celebrated by a Catholic without the approval of the Catholic Church, then there is no matrimony at all.

Radical Sanation

Can. 1161
§1. The radical sanation of an invalid marriage is its convalidation without the renewal of consent, which is granted by competent authority and entails the dispensation from an impediment, if there is one, and from canonical form, if it was not observed, and the retroactivity of canonical effects.
§2. Convalidation occurs at the moment of the granting of the favor. Retroactivity, however, is understood to extend to the moment of the celebration of the marriage unless other provision is expressly made.

Can. 1055
§1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.
§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

Can. 1108
§1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127, §§1-2.
§2. The person who assists at a marriage is understood to be only that person who is present, asks for the manifestation of the consent of the contracting parties, and receives it in the name of the Church.

Can. 87
§1 Whenever he judges that it contributes to their spiritual welfare, the diocesan Bishop can dispense the faithful from disciplinary laws, both universal laws and those particular laws made by the supreme ecclesiastical authority for his territory or his subjects. He cannot dispense from procedural laws or from penal laws, nor from those whose dispensation is specially reserved to the Apostolic See or to some other authority.

vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_20020604_interpretationes-authenticae_lt.html

Can. 87, § 1 (cf. AAS, LXXVII, 1985, 771)
Patres Pontificiae Commissionis Codici Iuris Canonici Authentice Interpretando, propositis in plenario coetu diei 14 maii 1985, quae sequuntur dubiis, respondendum esse censuerunt ut infra ad singula:
III *
De dispensatione a forma canonica matrimonii

D. Utrum extra casum urgentis mortis periculi Episcopus dioecesanus, ad normam can. 87, § 1, dispensare valeat a forma canonica in matrimonio duorum catholicorum.
R.
Negative.
Summus Pontifex Ioannes Paulus II in Audientia die 5 iulii 1985 infrascripto impertita, de supradictis decisionibus certior factus, eas publicari iussit.

Rosalius Iosephus Card. Castillo Lara,

Praeses*
Iulianus Herranz,*
a Secretis*

----- My Translation ----

July 5, 1985 answer to dubium on the diocesan Bishop power of dispensation from the form of marriage of two Catholics, promulgated in AAS:

D. Whether outside the urgent case of the peril of death the diocesan Bishop, according to the norm of can. 87, § 1, can validly dispense the canonical form of matrimony of two Catholics.

R. Negative.
 
Vico,

I have heard of sacramental marriages that are invalid. Does Canon Law explain how this is possible?

I’ve even heard of non practicing Catholics getting married by a minister of a different faith having sacramental marriages that are invalid.

How is this possible?

-Mello
 
Vico,

I have heard of sacramental marriages that are invalid. Does Canon Law explain how this is possible?

I’ve even heard of non practicing Catholics getting married by a minister of a different faith having sacramental marriages that are invalid.

How is this possible?

-Mello
Sometimes matrimony is presumed valid, when celebrated with Church approval, but it is found defective. That is why there is convalidation and radical sanation. There is an invalidity situation called defect of form (different than lack of form) which may occur: the proper form of marriage was used, but there was an element missing such as, for example, someone has not been properly delegated to witness a marriage. That may be corrected with a radical sanation without the couple even knowing. Similarly, lack of form could possibly be corrected with radical sanation. With convalidation or radical sanation it is valid from moment of consent or grant.

A celebration can be valid but illicit. This can occur with certain vows (Can. 1058), with legal adoption (Can. 1059), and with mixed marriages (Can. 1060) or non-Catholic minister before or after Catholic celebration (Can. 1063).
 
Vico,

I have heard of sacramental marriages that are invalid. Does Canon Law explain how this is possible?

I’ve even heard of non practicing Catholics getting married by a minister of a different faith having sacramental marriages that are invalid.

How is this possible?

-Mello
To be sacramental a marriage has to be valid. Being invalid means it doesn’t exist, if it doesn’t exist it can’t be sacramental.

It can be presumed valid and sacramental for years before a breakdown in the relationship occurs, the marriage is investigated at the request of one of the spouses and the marriage is found to have been invalid. In that case it was never sacramental, it had only been presumed to be so.

Two Catholics, practicing or not, cannot get a dispensation to marry outside the Church so any marriage celebrated thus is invalid.

A Catholic can get a dispensation to marry a baptized non-Catholic outside the Church. In that case the marriage is valid and sacramental.

A Catholic can get a dispensation to marry a non-baptized person and a dispensation to marry that person outside the Church. In that case the marriage is valid but non-sacramental (natural).
 
Vico,

I have heard of sacramental marriages that are invalid. Does Canon Law explain how this is possible?

I’ve even heard of non practicing Catholics getting married by a minister of a different faith having sacramental marriages that are invalid.

How is this possible?

-Mello
I believe that you have reversed it in your mind. All sacramental marriages are valid. However, not all valid (i.e., natural) marriages are sacramental. Yours would not be, by virtue of defect of form. Check with your priest.
 
Vico,

I have heard of sacramental marriages that are invalid. Does Canon Law explain how this is possible?

I’ve even heard of non practicing Catholics getting married by a minister of a different faith having sacramental marriages that are invalid.

How is this possible?

-Mello
You have been grossly misinformed.

An invalid marriage is cannot be sacramental, as it is NOT a marriage at all. A marriage must first be valid (i.e. exist) to be a sacrament:

Can.* 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being **by that fact **a sacrament.

Can.* 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. ⇒ 144, ⇒ 1112, §1, ⇒ 1116, and ⇒ 1127, §§1-2.

Yes, you must receive either a convalidation or a radical sanation in order to have a valid marriage, and hence a sacramental one.

Do not delay any longer. Make an appointment with your priest to convalidate your marriage ASAP.
 
Vico,

I have heard of sacramental marriages that are invalid.
As noted by others, if the marriage is invalid, it cannot be sacramental, since there is no marriage in the first place.

A marriage could theoretically be illicit but valid, but that is a rare circumstance and has nothing to do with your case.
 
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