Is my sister's marriage valid?

[anp1215]

I am asking this out of curiosity. My sister was baptized as an infant in the Catholic church, but was not raised with the faith in any way shape or form. I wouldn’t be surprised if the last time she saw the inside of a Catholic church was when they carried her out after baptism. She is not and never has been a practicing Catholic. She married in a civil ceremony at the courthouse and is now separated. I was wondering if this marriage is valid (my guess is no).

 

[ConstantineTG]

I am asking this out of curiosity. My sister was baptized as an infant in the Catholic church, but was not raised with the faith in any way shape or form. I wouldn’t be surprised if the last time she saw the inside of a Catholic church was when they carried her out after baptism. She is not and never has been a practicing Catholic. She married in a civil ceremony at the courthouse and is now separated. I was wondering if this marriage is valid (my guess is no).

It is a valid natural marriage but not a Sacramental one.

edit:
I glossed over the fact that she was baptized a Catholic and therefore bound to Canon Law. I may be wrong but this would invalidate the marriage if she was never dispensed.

 

[anp1215]

It is a valid natural marriage but not a Sacramental one.

edit:
I glossed over the fact that she was baptized a Catholic and therefore bound to Canon Law. I may be wrong but this would invalidate the marriage if she was never dispensed.

Yes this is the part that is confusing to me…that she is a baptized Catholic but never raised or practiced the faith.

 

[ConstantineTG]

Yes this is the part that is confusing to me…that she is a baptized Catholic but never raised or practiced the faith.

I believe there is a law that states that once you are a baptized Catholic then you are bound to Canon Law unless you specifically request to be removed from Church membership (forgot what its called) which involves writing your bishop a letter. Of course for some who leave the faith they really couldn’t care less what Canon Law says, it won’t be a concern unless they return to the Church or marry a Catholic.

Its been set up that way so people cannot just say they are non-practicing or have joined another faith during the time of marriage and therefore confuse the laws that apply to them.

 

[anp1215]

Of course for some who leave the faith they really couldn’t care less what Canon Law says, it won’t be a concern unless they return to the Church or marry a Catholic.

Its been set up that way so people cannot just say they are non-practicing or have joined another faith during the time of marriage and therefore confuse the laws that apply to them.

Right, I know it doesn’t matter to her…just something I was curious about

 

[Matthew_Holford]

If your sister was baptised as a Catholic she is a Catholic. As a Catholic she must be married according to canonical form. Therefore, to be married in a civil ceremony she would have required dispensation from canonical form.

If after her baptism and before her civil marriage she formally defected from the Catholic Church she would not have been bound by canonical form.

If she had applied for and was granted dispensation from canonical form the civil ceremony will not invalidate her marriage. (This does not mean it may not be invalid on other grounds but that would be for a diocesan tribunal to determine.)

If she had not formally defected from the Catholic Church and she had not been granted dispensation from canonical form then her marriage is invalid, on that ground alone. In this type of case it is relatively straightforward to get an annulment. She would still have to take the case to the competent diocesan tribunal. They would still need to issue a decree of nullity. But, in cases of lack of canonical form the case is usually quite straightforward and quick.

As you say she is separated a diocesan tribunal would probably not take on the case unless she obtained a civil dissolution (i.e. divorce). After a civil dissolution she could take her case to a diocesan tribunal.

According to Church law if she obtained a civil dissolution she would not be free to marry again until she obtained a decree of nullity from a diocesan tribunal.

However, it sounds like your sister has no regard for Catholic teaching or Church law so she is unlikely to be concerned about any of these matters.

 

[anp1215]

If your sister was baptised as a Catholic she is a Catholic. As a Catholic she must be married according to canonical form. Therefore, to be married in a civil ceremony she would have required dispensation from canonical form.

If after her baptism and before her civil marriage she formally defected from the Catholic Church she would not have been bound by canonical form.

If she had applied for and was granted dispensation from canonical form the civil ceremony will not invalidate her marriage. (This does not mean it may not be invalid on other grounds but that would be for a diocesan tribunal to determine.)

If she had not formally defected from the Catholic Church and she had not been granted dispensation from canonical form then her marriage is invalid, on that ground alone. In this type of case it is relatively straightforward to get an annulment. She would still have to take the case to the competent diocesan tribunal. They would still need to issue a decree of nullity. But, in cases of lack of canonical form the case is usually quite straightforward and quick.

As you say she is separated a diocesan tribunal would probably not take on the case unless she obtained a civil dissolution (i.e. divorce). After a civil dissolution she could take her case to a diocesan tribunal.

According to Church law if she obtained a civil dissolution she would not be free to marry again until she obtained a decree of nullity from a diocesan tribunal.

However, it sounds like your sister has no regard for Catholic teaching or Church law so she is unlikely to be concerned about any of these matters.

Yes I’m sure it has not even crossed her mind, just curiosity on my part
I only learned that she was baptized a few weeks ago (we are not close) so it was just something I was thinking about.

 

[Bluegoat]

I believe there is a law that states that once you are a baptized Catholic then you are bound to Canon Law unless you specifically request to be removed from Church membership (forgot what its called) which involves writing your bishop a letter. Of course for some who leave the faith they really couldn’t care less what Canon Law says, it won’t be a concern unless they return to the Church or marry a Catholic.

Its been set up that way so people cannot just say they are non-practicing or have joined another faith during the time of marriage and therefore confuse the laws that apply to them.

No, you can’t do this - ask to be removed - any more. Though it may have been possible when the sister was married. I seem to recall that there was some sort of provision that a person who really had no attempt at being raised Catholic was somehow exempt or something at one time, but I believe this has also been changed. Basically, even if you are secretly baptized as a Catholic and no one ever tells you, if you marry anywhere else it is not valid according to the CC.

 

[Andreas_Hofer]

Here is Dr. Ed Peters on the removal of the provision regarding formal defection - it links the Latin document effecting the removal, but I figured his English explanation is more helpful.

The short answer, then, is that if someone has even been baptized Catholic he/she is always bound by Catholic marriage law, no matter how indifferent or even unaware he may be.

 

[Joe_Kelley]

Once a Catholic, always a Catholic is the reason a child should not be baptized unless there is good evidence that he will be raised in the Catholic Faith.

 

[anp1215]

Once a Catholic, always a Catholic is the reason a child should not be baptized unless there is good evidence that he will be raised in the Catholic Faith.

This is true, unfortunately I think many children are baptized and not raised with the faith. I know of many people personally.

 

[rick43235]

The short answer, then, is that if someone has even been baptized Catholic he/she is always bound by Catholic marriage law, no matter how indifferent or even unaware he may be.

Perhaps the Church considers them “bound by Catholic marriage law,” but as a practical matter, it makes absolutely no difference to someone who is indifferent or unaware.

 

[diggerdomer]

I am asking this out of curiosity. My sister was baptized as an infant in the Catholic church, but was not raised with the faith in any way shape or form. I wouldn’t be surprised if the last time she saw the inside of a Catholic church was when they carried her out after baptism. She is not and never has been a practicing Catholic. She married in a civil ceremony at the courthouse and is now separated. I was wondering if this marriage is valid (my guess is no).

If she is a baptized Catholic but was not married in accordance with the teachings of the Catholic Church (as the information in your post suggests) then it is not valid.