Is it ever okay to consummate a marriage one knows is invalid?

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Eliza10

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I am asking this on behalf of a good friend. She has no doubt her marriage is invalid, and has been living with her husband as brother and sister since their marriage by a justice of the peace two years ago. However, a priest and a nun whom she consulted with about this matter, after listening to her situation, have both, in separate conversations, advised her that she SHOULD go ahead and consummate her marriage anyway. They specifically told her this as advice. This is because her situation is* special*, and one should “follow the spirit of the law and not the letter of the law”. Some people are just too black and white about the law, they explained to her convincingly.

This seems totally and completely wrong to me and while my friend is not 100% convinced to follow their advice, she does feel swayed by what they are reccommending. They both gave the same advice, and they sounded convincing. From the way the advice was given, she has been made to feel that if she does not consummate it, she could be personally jeopardizing her family’s future, She wants to do what his best for her family and this is what two teaching authorities of the Church are telling her, and she feels confused.

Her situation* is* a very complicated one. I don’t want to tell her whole story, but I’ll try to explain just enough of what you would need to know to come to a judgement on this problem.

She was baptized Catholic but only came to fully embrace the faith as an adult about 3 or 4 years ago. The man she was living with for some ten years had been intending to get around to marrying her for all these years, but never got around to divorcing his first wife (of a brief marriage that anyone would say would be easily annulled). They have two elementary age children together. They had been attending Mass and receiving sacraments for their children. The husband remains a cafeteria Catholic, meaning, it doesn’t run deep at all for him, for example, if its a hard teaching he dismisses it with “I don’t believe that.”. But the wife experienced a true conversion to faith about 4 years ago and went to confession and prays rosary and other devotions and goes to Adoration and reads avidly to learn more and more of her faith from all the rich teachers we have available these days.

But, legally, she needed to marry him and that is another long story I don’t want to tell here.

Finally he divorced the long-gone first wife and married the mother of his children by a justice of the peace two years ago. Because of her newfound faith and her desire to be obedient to Church teachings, she told him that it was not valid until it was blessed in the Church, which could not be until he had his first marriage annulled. He said “I’m not doing that”, and so they lived as brother and sister.

Just in the past week or two he has had a change of heart, he wants to be a real family and have a true marriage, and said now that he will go through the annulment process, since it really matters to her.

So last week she went to a local priest who listened to her complicated story, and then later a nun from her church came to her home to speak with her, and they both had separately advised that since her husband-by-law has put himself out to make the step to annul, all for her, not for himself, then she should put herself out a bit and allow the marriage to be consummated. Because of give and take. Yes, its not valid yet, but its* going* to be valid, since he has now agreed to work toward it by working toward annulment. They argue that the two are in a marriage now, a legal one, and two years as brother and sister is a strain on the marriage, just not healthy, and for the sake of the family, she needs to give a little, as her husband is giving by saying he will annul now.

Practically speaking, I am thinking they have no idea how LONG he can drag a thing out when things are going his way, when there is nothing in it for him not to drag it out. Be that as it may, this is not about practicality, this is about what is right. They have both told her that some people in the church can be* way too black and white*, and it is about the spirit of the law and not the letter of the law, and her circumstance is special, and she needs to work towards keeping the family together. She is convinced by these two representatives of the Church that its possible to be just too black and white and not take people and love into account. I can agree that’s possible, but I don’t think it applies here.

This is so convoluted to me but my friend does not need to just hear me say “This is insane!” She needs reasoned reasons. Something in light of JPII’s teachings on marriage would help.

Does anyone want to give this a go?

P.S. If its easier to refer to this couple by name, call them “Jane” and “Joe”.
 
I am asking this on behalf of a good friend. She has no doubt her marriage is invalid, and has been living with her husband as brother and sister since their marriage by a justice of the peace two years ago. However, a priest and a nun whom she consulted with about this matter, after listening to her situation, have both, in separate conversations, advised her that she SHOULD go ahead and consummate her marriage anyway. They specifically told her this as advice. This is because her situation is* special*, and one should “follow the spirit of the law and not the letter of the law”. Some people are just too black and white about the law, they explained to her convincingly.
And people wonder why some feel the Catholic Church is just like anything else out there anymore. Shame on them for giving such horrible “advice”.
This seems totally and completely wrong to me…
That’s because it is.

They are doing the right thing by living as brother and sister until they get this resolved - and they KNOW IT. Good for them.

They need to find a good and holy priest who treasures and values the sacrament of marriage APPROPRIATELY and will help them through the Tribunal process.

I wish them well.

Dang it all - it makes me so mad when I hear of someone in the Church who should know better, deliberately leading someone into a sinful situation. Grrrrr… :mad:

~Liza
 
I am asking this on behalf of a good friend. She has no doubt her marriage is invalid, and has been living with her husband as brother and sister since their marriage by a justice of the peace two years ago. However, a priest and a nun whom she consulted with about this matter, after listening to her situation, have both, in separate conversations, advised her that she SHOULD go ahead and consummate her marriage anyway. They specifically told her this as advice. This is because her situation is* special*, and one should “follow the spirit of the law and not the letter of the law”. Some people are just too black and white about the law, they explained to her convincingly.

This seems totally and completely wrong to me and while my friend is not 100% convinced to follow their advice, she does feel swayed by what they are reccommending.
Joe is still Married to someone else. Jane has no Marriage to consummate at the moment. Following their advicce would seem to be suggesting that they commit the serious sin of fronication. Not good advice in my opinion.
 
Putting on hold for a moment the obvious doctrinal problems with this “advice” Jane received, I would think she would not want to follow it for pragmatic reasons as well. If she acquiesces and decides to have relations with Joe (stepping out in “good faith” that his previous marriage will be found invalid, thus opening the door for them to be married within the Church), what will be Joe’s motivation for following through with the annulment process?

It seems obvious to me that Joe already has problems with following through. How long did he wait to finally “get around to” getting divorced? How long did it take for him to finally see how important it is to his wife to get right with the Church (a change of heart which certainly could be colored by his two years of imposed celibacy)? What is to stop Joe from abandoning the process once Jane gives him what he wants?

This may be a cynical way to look at it, but it seems to me to be a plausible potential outcome. Then Jane will have an even more difficult time ever getting Joe to consider an annulment again.

From a doctrinal standpoint, we must remember that the Catholic Church always presumes validity. Even if his previous marriage seems to be a “slam dunk” to be found invalid, it is still presumed valid until it is formally investigated. As such, he is not free to marry anyone else (such as Jane) and having any sort of conjugal relations would be sinful.

The advice your friend received would be akin to telling a woman who has been engaged for two years to just go ahead and have sex with her fiance because they’re going to get married eventually anyway. Horrible advice! This advice implies that the actual Sacrament of Marriage doesn’t really mean anything. It sends the message that the Sacrament is just some piece of paper or a hoop to be jumped through rather than an efficacious sign of grace that has been instituted by Christ as such. That is not helpful to anyone.
 
The problem here is a lack of understanding marriage. He has a presumed valid religious (sacramental)marriage from the past. She and he live in a civil law marriage and Natural State of Marriage. Now she desires to leave the Natural Marriage maybe temporally. So it is fairly simple. Her Natural Marriage was consummated some years ago. Her civil marriage is claimed to be unconsummated. Now the real problem the Priest and Nun are addressing is – she vowed marriage to this man(!). So they advised her to honor her wedding vows. She opts to discredit her wedding vows and move to celibacy which does allow communion, however it also may well risk family unit which already includes children. I would advise you and her to consider the full catholic teachings which include parent’s responsibility to children and marriage.
 
The problem here is a lack of understanding marriage.
Yes - by the priest and nun who gave “advice”! :rolleyes:
He has a presumed valid religious (sacramental)marriage from the past. She and he live in a civil law marriage and Natural State of Marriage. Now she desires to leave the Natural Marriage maybe temporally. So it is fairly simple. Her Natural Marriage was consummated some years ago. Her civil marriage is claimed to be unconsummated. Now the real problem the Priest and Nun are addressing is – she vowed marriage to this man(!). So they advised her to honor her wedding vows. She opts to discredit her wedding vows and move to celibacy which does allow communion, however it also may well risk family unit which already includes children. I would advise you and her to consider the full catholic teachings which include parent’s responsibility to children and marriage.
This is absolutely false. She is a baptized Catholic - she must marry according to the law of the Church. There is no “wedding vows” for her to honor. She is not married to anyone. HE however, is. Until proven otherwise.

~Liza
 
It would be a presumed act of adultry and in the least an act of fornication…

both of which are grave matters for Mortal sin.

So NO she can not. for there is no marriage do consummate.

it would be living a lie and contrary to the very meaning of the marital act.
 
The reason your friend needs to ignore this totally ridiculous and wrong-headed advice is that having sexual relations with a person you are not validly married to is a mortal sin agaisnt the Sixth Commandment.
 
Thanks everyone. My friend checked out the responses earlier and is feeling a little raw and exposed about this discussion and the “judgment calls” made from people that don’t know what she has been through. I can tell you she has been through a lot. She felt that everyone here gave the “black and white” advice that she already knows. She said only one person showed compassion in their advice and that was “texas roofer”.

I mentioned in my original post that she *needed *to marry him - believe me this is compelling and I don’t want to identify her even remotely by discussing it. You can fill in the blank with your own “compelling reasons” scenario because the details don’t matter for discussion purposes. It is compelling. She does love him and has committed to him, and only him, all these years and and they are very much a family in most every way and naturally she wants to keep that together…

I myself feel like all the posters but Texas Roofer. My experience tells me that the God has a reasons for black and white rules and they work even in extenuating circumstances. I really mean especially. When we choose Gods way even though it doesn’ tmake worldly sense, God honors the sacrifice of obedience and I know we cannot outgive God.

This causes a divide between my friend and I because I am sure I seem “too black and white” as the nun and priest told her that some Catholics are.

Many priests and nuns of our day do think the teachings of our Church are too black and white and lack compassion, compassion that* they* have and those black-and-white people* don’t*, and that in special circumstances its okay to bend things to face reality. I think what Texas Roofer said is pretty much what they said to her. TR must have studied in the same theology school. Perhaps we could discus what is true and not true about what TR said. TR showed compassion. How do you answer what TR said?..
 
Putting on hold for a moment the obvious doctrinal problems with this “advice” Jane received, I would think she would not want to follow it for pragmatic reasons as well. If she acquiesces and decides to have relations with Joe (stepping out in “good faith” that his previous marriage will be found invalid, thus opening the door for them to be married within the Church), what will be Joe’s motivation for following through with the annulment process?

It seems obvious to me that Joe already has problems with following through. How long did he wait to finally “get around to” getting divorced? How long did it take for him to finally see how important it is to his wife to get right with the Church (a change of heart which certainly could be colored by his two years of imposed celibacy)? What is to stop Joe from abandoning the process once Jane gives him what he wants?

This may be a cynical way to look at it, but it seems to me to be a plausible potential outcome. Then Jane will have an even more difficult time ever getting Joe to consider an annulment again…
I agree completely. I am glad to hear it from a man though.
From a doctrinal standpoint, we must remember that the Catholic Church always presumes validity. Even if his previous marriage seems to be a “slam dunk” to be found invalid, it is still presumed valid until it is formally investigated. As such, he is not free to marry anyone else (such as Jane) and having any sort of conjugal relations would be sinful.

The advice your friend received would be akin to telling a woman who has been engaged for two years to just go ahead and have sex with her fiance because they’re going to get married eventually anyway…
Interesting that you said that because I interjected with this when she was talking to me. I was hasty and scared her off though, because I was heartsick about her being so neatly misled. Its because she trusts this nun and the nun showed compassion when my friend was weak, imo. When I gave this same scenario to my freind she said “But thats different. We’re already married, they are not married yet.”
Horrible advice! This advice implies that the actual Sacrament of Marriage doesn’t really mean anything. It sends the message that*** the Sacrament is just some piece of paper or a hoop to be jumped through rather than an efficacious sign of grace that has been instituted by Christ as such***. That is not helpful to anyone.
Thank you for saying so concisely exactly what I think is the point. Is the Sacramaent of marriage just some piece of paper that means nothing really? Or is it efficacious? Here we are in the diocese with the patron saint of St. John of Rochester who was a martyr for this sacrament, even though the king had some pretty extenuating circumstances, and it would have been really understandable if St. John would have just gone along with the king as he was asked. And we have these teachers of the church teaching that basically St. john Fisher died for nothing!
 
How do you answer what TR said?..
TR is wrong, and while pontificating about “civil marriage,” “natural marriage,” and “sacramental marriage” is using these terms improperly.

A marriage is either valid or invalid. When a person is in a *valid *marriage it can be further classified as either a *sacraemental *marriage or *natural *marriage.

A natural marriage is a VALID marriage when one or both parties are unbaptized. A sacramental marriag is a VALID marriage between two baptized persons.

Your friend is not in a “natural marriage”. Your friend is in an INVALID marriage. Therefore, any intercourse she engages in is simply fornication and a sin against the sixth commandment.

There is no basis in Church teaching or the moral law for the advice given by the priest and nun. The “advice” TR gave is not in line with Church teaching and contradicts it entirely.

Your friend is unhappy with the replies she has received I suspect because she wanted to hear support for engaging in relations. What good would it do to tel lher to do that? It would be telling her to sin. Killing the soul through mortal sin is serious and I won’t be any part of that.
 
The problem here is a lack of understanding marriage. He has a presumed valid religious (sacramental)marriage from the past. She and he live in a civil law marriage and Natural State of Marriage. Now she desires to leave the Natural Marriage maybe temporally. So it is fairly simple. Her Natural Marriage was consummated some years ago. Her civil marriage is claimed to be unconsummated. Now the real problem the Priest and Nun are addressing is – she vowed marriage to this man(!). So they advised her to honor her wedding vows. She opts to discredit her wedding vows and move to celibacy which does allow communion, however it also may well risk family unit which already includes children. I would advise you and her to consider the full catholic teachings which include parent’s responsibility to children and marriage.
Yes she vowed marriage to him before a judge but as I mentioned and cannot explain here, she was compelled to accept his offer of legal marriage because she needed that legal standing.

She would have wanted a Sacramental marriage and told him that it would not be a real marriage unless/until it was blessed by the Church. (He does not certainly himself see the Church’s blessing as much more than a piece of paper or some meaningless ceremony, himself). So then I don’t see how she can be compelled to keep her legal vow since she did not mislead her “husband” about consummating a non-Sacramental marriage. So is she really discrediting her “vows” when she made her intentions clear? And her intention before God at the time of her legal vow was clear: she intended not to consummate until she was in a true married state in the eyes of God.

That she is caving now is certainly because of the persuasion of her “husband”, who is her whole world, who now has the backing of the “Church” - through this nun, who will have to answer to God one day for this advice. And scripture tells us He holds teachers of His Word to much higher standards than those they are teaching (I would love it if someone here could find that scripture for me).

So by cooperating with this nun’s tempting advice I say she is giving this nun an awful lot to answer to God for one day. And you, too, Texas Roofer, if this is what you are advocating - that she consider consummating what she knows is not a marriage in order to, as you say, “consider her parental responsibility to children and marriage.” That is the most important thing in the world to her - so, you are saying this is what she must consider doing to meet her responsibility to her family?
 
She felt that everyone here gave the “black and white” advice that she already knows. She said only one person showed compassion in their advice and that was “texas roofer”.
She “already knows” our advice? Well what does she think of our advice? Does she know it to be true? Or is she looking for someone to give her the easy answer?
Many priests and nuns of our day do think the teachings of our Church are too black and white and lack compassion, compassion that* they* have and those black-and-white people* don’t*, and that in special circumstances its okay to bend things to face reality. I think what Texas Roofer said is pretty much what they said to her. TR must have studied in the same theology school. Perhaps we could discus what is true and not true about what TR said. TR showed compassion. How do you answer what TR said?..
What is compassion? If a member of this forum has prevented her from committing a mortal sin, isn’t that compassionate? Look at the situation again: they have already abstained from sexual relations for two years. I’m with our poster Joe. Withholding sex will keep your friend Joe motivated.
This causes a divide between my friend and I because I am sure I seem “too black and white” as the nun and priest told her that some Catholics are.
Some Catholics are too gray.
 
And scripture tells us He holds teachers of His Word to much higher standards than those they are teaching (I would love it if someone here could find that scripture for me).
[BIBLEDRB]Luke 12:47-48[/BIBLEDRB]
This might be it…
 
She “already knows” our advice? Well what does she think of our advice? Does she know it to be true? Or is she looking for someone to give her the easy answer?.
Well if that’s the case it won’t be because she is lazy. She is strong and intelligent with a heart for truth and is open to the wisdom of God. She is also a person in a very, very difficult situation, a situation that someone with less fortitude would have bailed on years ago.
What is compassion? If a member of this forum has prevented her from committing a mortal sin, isn’t that compassionate? Look at the situation again: they have already abstained from sexual relations for two years. I’m with our poster Joe. Withholding sex will keep your friend Joe motivated. .
I agree! And I am glad to hear from another man who sees this advice as a pragmatic error! I do appreciate your man’s point of view. And you are a godly man at that, as you are considering the priesthood.
Some Catholics are too gray.
Agreed!
 
I’m a bit confused since so much information is not being disclosed here.

Not following if this woman, and this man in question here were married in the catholic church. Forgive me if I missed this somehow in this chaotic storyline, where no real details are disclosed for anyone to make any rash decisions.

I see we have a crowd of want to be judges here. The thing is, you must start out with a basis for rendering judgement to do that. I don’t disagree with people simply parroting what the church says on issues one can discuss when given all the facts.

I do take issue with people rendering opinions as if they are canon lawyers who have in a total of 1-3 minutes investigated this case and all it’s merits or lack of and decided a verdict. Based on pure hearsay.

If it is this easy to do, then why do people have to even apply for an annulment?

If so, why not illiminate canon lawyers and simply have people come here for all their sacramental needs? Do it ad populum. Minus all facts and pertinent details related to all parties.

I am sure, we can rest easy knowing we have all the facts told to us by a person who is unbiased and knows the entire story.
 
I’m a bit confused since so much information is not being disclosed here.

Not following if this woman, and this man in question here were married in the catholic church. Forgive me if I missed this somehow in this chaotic storyline, where no real details are disclosed for anyone to make any rash decisions.

I see we have a crowd of want to be judges here. The thing is, you must start out with a basis for rendering judgement to do that. I don’t disagree with people simply parroting what the church says on issues one can discuss when given all the facts.

I do take issue with people rendering opinions as if they are canon lawyers who have in a total of 1-3 minutes investigated this case and all it’s merits or lack of and decided a verdict. Based on pure hearsay.

If it is this easy to do, then why do people have to even apply for an annulment?

If so, why not illiminate canon lawyers and simply have people come here for all their sacramental needs? Do it ad populum. Minus all facts and pertinent details related to all parties.

I am sure, we can rest easy knowing we have all the facts told to us by a person who is unbiased and knows the entire story.
I can see how this sounds very confusing. It is a long story that had to be made short and some key details are left out that do not pertain directly to the question. However, it seems to me that all those that responded here did understand the storyline. But I sure that there were others like you who could not follow it and therefore didn’t post.

To answer your question, for you and anyone else who missed it in what I wrote: No, they weren’t married in the Church. They lived together as-if married, for about ten years, having children, and then two years ago, just after her conversion back to her Catholic Faith of her childhood, he divorced a first wife from a brief early marriage and they went to a justice of the peace for a legal marriage. She understood at the time that this was not recognized by the Church and opted to live with him as brother and sister, as she had been doing already for about a year at the time, because of her conversion.

My friend went to a priest and a nun concerning her sacramental needs, not here. And she was given the same advice on separate occasions from these Church officials, advice that was compassionate and appealing, and certainly made worldly sense, although it did not sit 100% with her. She is a small bit troubled by the advice, and I am a great bit troubled by the advice to her, and because of my concern, I wrote it out here.
 
I can see how this sounds very confusing. It is a long story that had to be made short and some key details are left out that do not pertain directly to the question. However, it seems to me that all those that responded here did understand the storyline. But I sure that there were others like you who could not follow it and therefore didn’t post.

To answer your question, for you and anyone else who missed it in what I wrote: No, they weren’t married in the Church. They lived together as-if married, for about ten years, having children, and then two years ago, just after her conversion back to her Catholic Faith of her childhood, he divorced a first wife from a brief early marriage and they went to a justice of the peace for a legal marriage. She understood at the time that this was not recognized by the Church and opted to live with him as brother and sister, as she had been doing already for about a year at the time, because of her conversion.

My friend went to a priest and a nun concerning her sacramental needs, not here. And she was given the same advice on separate occasions from these Church officials, advice that was compassionate and appealing, and certainly made worldly sense, although it did not sit 100% with her. She is a small bit troubled by the advice, and I am a great bit troubled by the advice to her, and because of my concern, I wrote it out here.
Was an annulment granted to the man or first wife?
 
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