Marriage canon law question

[jttierney1]

Does anyone know which canon states that a marriage between a catholic and non-catholic, without dispensation, is considered invalid?

 

[The_Fool]

I think you mean Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.

It’s from * BOOK IV, PART I.,TITLE VII.,CHAPTER VI. vatican.va/archive/ENG1104/_INDEX.HTM

However, as I am not a canon scholar, this might not answer everything your question regards. I hope it is helpful all the same.

 

[jttierney1]

Thank you “The Fool” for the post. I just read the canon 1124 thanks to you. But I’m looking for something more specific. There is a canon that states that a marriage between a catholic and non-catholic without dispensation is invalid.

 

[Godfollower]

Thank you “The Fool” for the post. I just read the canon 1124 thanks to you. But I’m looking for something more specific. There is a canon that states that a marriage between a catholic and non-catholic without dispensation is invalid.

I think you’re looking for this one:

Section 1. A marriage between two persons, one of whom has been baptized in the Catholic Church or received into it and has not defected from it by a formal act and the other of whom is not baptized, is invalid.
Section 2. A person is not to be dispensed from this impediment unless the conditions mentioned in cann. 1125 and 1126 have been fulfilled.
Section 3. If at the time the marriage was contracted one party was commonly held to have been baptized or the baptism was doubtful, the validity of the marriage must be presumed according to the norm of can. 1060 until it is proven with certainty that one party was baptized but the other was not.

Canon 1083.

 

[mhazell]

Code of Canon Law, 1124-1129, my comments and emphases:

1. Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church [Eastern Orthodox] or ecclesial community [Protestant] not in full communion with the Catholic Church.
2. The local ordinary ******can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:
3. the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith [given point 3 just below, this danger would exist in a particular form] and is to make a **sincere promise **to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church [unless this promise is made, no dispensation can be given];
4. **the other party is to be informed **at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party [the implication being that if he or she is not aware, the dispenation should not be given and the marriage cannot take place. Being “truly aware” would, I imagine, also involve consent from the non-Catholic party for their children to be raised Catholic, as their future Catholic spouse is making a “sincere promise” to do so; if such consent was not forthcoming, it would seem that the dispensation ought not to be given];
5. both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude **[see the Catechism, 1601-1666. This clause would include things like, e.g., not using contraception; note that this clause explicitly binds the *non-Catholic **party to the purposes and essential properties of the sacrament of marriage].
6. It is for the conference of bishops to establish the method in which these declarations and promises, which are always required [there are *no exceptions!], must be made and to define the manner in which they are to be established in the external forum and the non-Catholic party informed about them.
7. §1. The prescripts of can. 1108 **[this canon refers to the marriage rite, and covers things like contracting marriage in the presence of a priest, etc.; basically, mixed marriages are to observe the canonical form of marriage] **are to be observed for the form to be used in a mixed marriage.
   Nevertheless, if a Catholic party contracts marriage with a non-Catholic party of an Eastern rite, the canonical form of the celebration must be observed for liceity only; for validity, however, the presence of a sacred minister is required and the other requirements of law are to be observed.
   §2. If **grave difficulties ** hinder the observance of canonical form, the local ordinary of the Catholic party has the right of dispensing from the form in individual cases, after having consulted the ordinary of the place in which the marriage is celebrated and with some public form of celebration for validity. It is for the conference of bishops to establish norms by which the aforementioned dispensation is to be granted in a uniform manner.
   §3. **It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of §1 ****. Likewise, there is not to be a religious celebration in which the Catholic who is assisting and a non-Catholic minister together, using their own rites, ask for the consent of the parties [so basically it’s the Catholic rite of marriage or no rite of marriage].
8. Local ordinaries and other pastors of souls are to take care that the Catholic spouse and the children born of a mixed marriage do not lack the spiritual help to fulfill their obligations and are to help spouses foster the unity of conjugal and family life.
9. The prescripts of cann. 1127 and 1128 must be applied also to marriages which the impediment of disparity of cult** [this refers to marriage between a Catholic and someone who is not baptised]** mentioned in can. 1086, §1 impedes.**

 

[Br.Rich_SFO]

Does anyone know which canon states that a marriage between a catholic and non-catholic, without dispensation, is considered invalid?

You don’t state if you are looking for information about an atempted Marriage between a Catholic and a validly Baptized Non-Catholic or between a Catholic and a non-Baptized person? Two different situations.

 

[1ke]

Thank you “The Fool” for the post. I just read the canon 1124 thanks to you. But I’m looking for something more specific. There is a canon that states that a marriage between a catholic and non-catholic without dispensation is invalid.

What do you need that is more specific?

Canon 1124-1129 covers what needed for a mixed marriage (between a Catholic and a baptized non-Catholic).

Canon 1083 covers disparity of cult (marriage between a Catholic and a unbaptized person).

 

[The_Fool]

Thank you “The Fool” for the post. I just read the canon 1124 thanks to you. But I’m looking for something more specific. There is a canon that states that a marriage between a catholic and non-catholic without dispensation is invalid.

So many people giving better answers than I ever could! Anyway, I suppose this might be more helpful than before, but the others make more sense to me.

CCC 1635 According to the law in force in the Latin Church, a mixed marriage needs for liceity the express permission of ecclesiastical authority.135 In case of disparity of cult an express dispensation from this impediment is required for the validity of the marriage.136 This permission or dispensation presupposes that both parties know and do not exclude the essential ends and properties of marriage; and furthermore that the Catholic party confirms the obligations, which have been made known to the non-Catholic party, of preserving his or her own faith and ensuring the baptism and education of the children in the Catholic Church.137

135 Cf. CIC, can. 1124.
136 Cf. CIC, can. 1086.
137 Cf. CIC, can. 1125.

 

[jttierney1]

I’m looking for the word “invalid” in the canon. I thought I saw it before but can no longer find it. It’s for a attempted marriage between a baptized catholic and baptized protestant, without dispensation.

Thanks to everyone who has been replying.

 

[FastLearner]

§3. It is forbidden to have another religious celebration of the same marriage to give or renew matrimonial consent before or after the canonical celebration according to the norm of §1

Would this mean that a valid Catholic wedding cannot have a “renewal of vows” conducted by a Catholic priest? (I was under the assumption that a renewal of vows was not allowed until a priest told me that he does them regularly.)

 

[jttierney1]

Ok, I finally found what I looking for. Thanks everyone for their help. It’s Canon 1108
vatican.va/archive/ENG1104/__P40.HTM

 

[Just_Lurking]

It’s for a attempted marriage between a baptized catholic and baptized protestant, without dispensation.

Assuming that a Catholic priest would conduct such a marriage without first obtaining the appropriate permission from the bishop, the marriage would be valid but illicit under modern (1983) canon law. I believe it was actually invalid under the older canon law.

 

[t68ware]

How about a marriage between two persons who were baptised in the Protestant church, got married, then one of the spouces became Catholic? Is that marriage considered valid by the Church?

 

[1ke]

How about a marriage between two persons who were baptised in the Protestant church, got married, then one of the spouces became Catholic? Is that marriage considered valid by the Church?

Yes, in general, the marriage would be considered valid by the Church.

This is provided that there are no impediments (such as a prior bond of one or the other spouse).

Each specific situation would be looked at to ensure no impediments and that everything was in order.

 

[t68ware]

Yes, in general, the marriage would be considered valid by the Church.

This is provided that there are no impediments (such as a prior bond of one or the other spouse).

Each specific situation would be looked at to ensure no impediments and that everything was in order.

Thank You!! I am joining the Church on Pentecost and my wife and I were both baptised Protestant. A Catholic brother told me our marriage might not be valid when I become Catholic and that freaked out my wife!

 

[1ke]

Thank You!! I am joining the Church on Pentecost and my wife and I were both baptised Protestant. A Catholic brother told me our marriage might not be valid when I become Catholic and that freaked out my wife!

It is an unfortunate fact that there are many Catholics who lack an accurate understanding of the Church’s teaching on marriage and what constitutes validity and sacramentality.

 

[Phemie]

Assuming that a Catholic priest would conduct such a marriage without first obtaining the appropriate permission from the bishop, the marriage would be valid but illicit under modern (1983) canon law. I believe it was actually invalid under the older canon law.

In the case mentioned, a baptized Protestant and a Catholic, a dispensation is not required, only the pastor’s permission.

 

[FrDavid96]

In the case mentioned, a baptized Protestant and a Catholic, a dispensation is not required, only the pastor’s permission.

I suggest you read canons 1124 & 1125

Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.

Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:

1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;

2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;

3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.

1124 says “competent authority” but does not define what that means
1125 does define that “competent authority” as the “local ordinary”

This is a “permission” not a “dispensation” (as it was under the old codex), but nevertheless it’s not within the competence of the parish pastor to grant that permission without recourse to the bishop.

 

[Phemie]

I suggest you read canons 1124 & 1125

Can. 1124 Without express permission of the competent authority, a marriage is prohibited between two baptized persons of whom one is baptized in the Catholic Church or received into it after baptism and has not defected from it by a formal act and the other of whom is enrolled in a Church or ecclesial community not in full communion with the Catholic Church.

Can. 1125 The local ordinary can grant a permission of this kind if there is a just and reasonable cause. He is not to grant it unless the following conditions have been fulfilled:

1/ the Catholic party is to declare that he or she is prepared to remove dangers of defecting from the faith and is to make a sincere promise to do all in his or her power so that all offspring are baptized and brought up in the Catholic Church;

2/ the other party is to be informed at an appropriate time about the promises which the Catholic party is to make, in such a way that it is certain that he or she is truly aware of the promise and obligation of the Catholic party;

3/ both parties are to be instructed about the purposes and essential properties of marriage which neither of the contracting parties is to exclude.

1124 says “competent authority” but does not define what that means
1125 does define that “competent authority” as the “local ordinary”

This is a “permission” not a “dispensation” (as it was under the old codex), but nevertheless it’s not within the competence of the parish pastor to grant that permission without recourse to the bishop.

I guess it depends on the diocese. In ours pastors have the authority to give permission for mixed marriages. It’s clearly indicated in the forms for the pre-nuptial investigation. A copy of the form is forwarded to the Chancery office.

 

[Raider_Red]

What happens in the case your marriage is found to be invalid? Is it a pretty simple process to have your marriage validated by a priest or is it a drawn out process? I ask this because me and my wife are meeting with a priest next week to discuss this particular manner.