Is divorce and “remarriage” outside of the Catholic Church held to the same degree as in the Church, before God?

[1ke]

The presumption is that all marriages are valid.

This is incorrect. It is not at all consistent with the Church’s actual jurisprudence. See the Commentary (green book) regarding canon 1060 and what “Favor of the Law” actually means. The first sentence regarding this canon is, “Once it has been properly celebrated, a marriage is presumed to be valid unless the contrary is proven.”

Those celebrated outside canonical form do not enjoy the favor of the law. See 1060 and 1108 and their associated commentary.

If only properly celebrated marriages are presumed valid, then no marriage outside of the church would be presumed valid even those among non Catholics.

Not true at all. See again 1060 and commentary. This canon applies to non-Catholics. I am not sure where you would get the idea that a marriage of non-Catholics cannot be properly celebrated.

See canon 1059, ecclesial law applies on when one party to the marriage is a Catholic.

I had to get a nullity. I was married while not even baptized to a non Catholic outside of her church and my marriage was presumed to be valid.

Correct. Therefore your marriage, either contracted in the external forum or established that the marriage is “in possession” (see commentary and specific cases referred to their for definition of “in possession”.), did enjoy the favor of the law.

That does not mean that a Catholic who marries outside canonical form enjoys the same favor of the law. They do not.

 

[1ke]

All marriages are presumed to be valid. A lack of form case overcomes the presumption of validity due to the lack of form. I know this seems like nit picking but it is not.

I agree that it is important to be precise. However, it is not Vico who is incorrect here. It is important to understand what the Church means by certain terms.

You are on the wrong track regarding lack of form and favor of the law. Lack of form does not enjoy the favor of the law.

 

[Vico]

The presumption is that all marriages are valid. If only properly celebrated marriages are presumed valid, then no marriage outside of the church would be presumed valid even those among non Catholics. This is not true.

I had to get a nullity. I was married while not even baptized to a non Catholic outside of her church and my marriage was presumed to be valid.

Catholics are bound to their applicable canon law. When a non-Catholic marries a non-Catholic the valid form of celebration is determined by the church they belong to, or natural law, as appropriate.

CIC Can. 124
§1. For the validity of a juridic act it is required that the act is placed by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act.
§2. A juridic act placed correctly with respect to its external elements is presumed valid.