Is this a valid mixed-marriage?

  • Thread starter Thread starter aquabatix
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aquabatix

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I have a cousin who is Catholic, but married a Protestant girl. He “tried” to obtain dispensation for his marriage and they were married in her church. They have since divorced, with only “irreconcilable differences” as the cause. Now he is engaged (a couple years later) to another girl who is Catholic. He is trying to get married in the Church this time. I have been trying to figure out if he needs an annulment first and read conflicting criteria.

Since both parties are baptized Christians, this would imply that the marriage was sacramentally valid. However, I read that because the dispensation was never oficially obtained, it would be considered invalid. Is paperwork or laziness enough of a barrier that kept his first marriage from being sacramental? Their marriage seems to have met every other criteria. I am further distraught by this as he has asked me to be a groomsman or even the best man for this new wedding and need to feel confident that this new marriage can be performed if I am to stand as witness to it. Please help.
 
Because he is a Catholic he is required to be married in the Catholic Church in order for the marriage to be valid (canon 1108 §1). A Catholic must receive a dispensation (from canonical form) in order to validly marry outside of the Catholic Church (canon 1127).

If your cousin did not obtain a dispensation to be married in a Protestant ceremony then the marriage was indeed invalid.
 
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