Is His Second Marriage Valid?

[Audralee33]

I have a friend who is not Catholic but is considering proposing to his girlfriend who is Catholic. Being Catholic myself I tried to explain that he would need an annulment from his previous marriages for her to be able to marry him in the Church. He is very open to this but he brought a very valid question to me and I didn’t have an answer for him so I am asking here. His first marriage was between himself and a Catholic but they were married by a JP, but his first marriage was never annulled. Does that make his second marriage invalid? If so will his second marriage need to be annulled also or will it even be recognized?

 

[1ke]

Being Catholic myself I tried to explain that he would need an annulment from his previous marriages for her to be able to marry him -]in the Church/-].

Correction: to marry him at all

Yes, he must be found free to enter into a marriage. That will require the examination of all prior marriage(s) either of them has attempted. There are many ways that a prior marriage could be invalid: nullity, lack of form (if one party was Catholic), dissolution of a natural bond, or Ligamen.

lcdiocese.org/Annulments/determine.htm

His first marriage was between himself and a Catholic but they were married by a JP, but his first marriage was never annulled. Does that make his second marriage invalid? If so will his second marriage need to be annulled also or will it even be recognized?

Each marriage is considered independently, beginning with the first.

If the facts are as presented-- he married a Catholic at a JP and the Catholic did not have a dispensation (and he can prove the first wife was Catholic through sacramental records) then it was indeed a “lack of form” on the part of the Catholic and no marriage took place.

That would in turn give presumption of validity to the second marriage attempt. That marriage attempt would also have to be investigated.

The baptismal status of both parties to a marriage attempt, any prior marriage(s) on their parts, and other factors are all relevant. Therefore, we can say no more here on this forum.

It is time for your friend to have a sit down appointment with the Catholic pastor in his area and start completing some preliminary investigation paperwork that will help the priest know what the relevant facts are and how to proceed with the case.

 

[dans0622]

I have a friend who is not Catholic but is considering proposing to his girlfriend who is Catholic. Being Catholic myself I tried to explain that he would need an annulment from his previous marriages for her to be able to marry him in the Church. He is very open to this but he brought a very valid question to me and I didn’t have an answer for him so I am asking here. His first marriage was between himself and a Catholic but they were married by a JP, but his first marriage was never annulled. Does that make his second marriage invalid? If so will his second marriage need to be annulled also or will it even be recognized?

Hello,

Before he would be allowed to marry a Catholic “in the Church”, he will have to show that he is actually free to marry. Since he has a past, civil marriage, there is some paperwork that would have to be taken care of in order to establish his free status. It could be a simple matter but is necessary.

His “second marriage”–not enough information to know what might be needed.

He and his intended should talk to her local pastor to get everything taken care of in due time…

Dan

 

[Audralee33]

Thank you both.

 

[noorez]

Hey. I have a kind of follow-up question to annulment… Suppose two Muslims married and then devorced according to their own practice/belief where divorce is permitted…

If one decided to become Catholic a number of years later…would the marriage have to be annuled by the Church even though it had nothing to do with it? What if the other party was unwilling to cooperate in the annulment process… Would this hinder the baptism?..

It would be interesting to know since marriage could be considered a real one by the Church it full knowledge and concent was given which is what makes a real marriage

 

[1ke]

If one decided to become Catholic a number of years later…would the marriage have to be annuled by the Church even though it had nothing to do with it?

If the person has not remarried, there is no impediment to entering the Church.

If they had remarried, or desire to marry in the future, then their prior marriage would have to be examined. Because they are unbaptized there are several different approaches. It would be best to talk to a priest one on one.

Yes, the Catholic Church recognizes non Christian marriages as valid. But when unbaptized it is called a natural marriage. It is not a sacrament unless both are baptized.

What if the other party was unwilling to cooperate in the annulment process… Would this hinder the baptism?..

The ex is invited to participate but it is not required. The process can move forward without them though.

 

[twf]

Hey. I have a kind of follow-up question to annulment… Suppose two Muslims married and then devorced according to their own practice/belief where divorce is permitted…

If one decided to become Catholic a number of years later…would the marriage have to be annuled by the Church even though it had nothing to do with it? What if the other party was unwilling to cooperate in the annulment process… Would this hinder the baptism?..

It would be interesting to know since marriage could be considered a real one by the Church it full knowledge and concent was given which is what makes a real marriage

A marriage between two Muslims would be a natural marriage, not a sacramental marriage. It is possible for the Church to dissolve a valid, natural marriage under certain circumstances (but never a valid, consummated, sacramental marriage). Regardless, the previous marriage(s) would have to be investigated - and any previous marriage either dissolved or declared null before the new Catholic could enter into a Catholic marriage.