E
emom
Guest
Does the church recognize someone being marriaged by the justice of peace or judge?
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M
mosher
Guest
Generally yes. A marriage of this sort between two baptised persons has a canonical character unless they are catholic because of the requirement of canonical form for validity. Even for two unbaptised it would have the character of law as a natural marriage.
C
cameron_lansing
Guest
The only other case that comes to mind would be when another Church (the Orthodox, e.g.) or ecclesial community (e.g., Episcopalian, Baptist, Reform, Methodists, etc.) requires some form of its own for validity.
To my knowledge only the Orthodox would require a sacred rite for validity. The others do not.
Dignitas connubii, the instruction on processing marriage cases, discusses when “an ecclesiastical judge must decide about the nullity of a marriage of baptized non-Catholics.”
Here, article 4 §1, 2º says: “in regard to the form of celebration of marriage, the Church recognizes any form prescribed or accepted in the Church or ecclesial community to which the parties belonged at the time of the marriage, provided that, if at least one party is a member of a non-Catholic Eastern Church, the marriage was celebrated with a sacred rite.”
So if an Orthodox wed only civilly before a judge or justice of the peace, subsequently divorced, and now wanted to marry a Catholic, a Catholic tribunal might declare it invalid due to lack of sacred rite.
To my knowledge only the Orthodox would require a sacred rite for validity. The others do not.
Dignitas connubii, the instruction on processing marriage cases, discusses when “an ecclesiastical judge must decide about the nullity of a marriage of baptized non-Catholics.”
Here, article 4 §1, 2º says: “in regard to the form of celebration of marriage, the Church recognizes any form prescribed or accepted in the Church or ecclesial community to which the parties belonged at the time of the marriage, provided that, if at least one party is a member of a non-Catholic Eastern Church, the marriage was celebrated with a sacred rite.”
So if an Orthodox wed only civilly before a judge or justice of the peace, subsequently divorced, and now wanted to marry a Catholic, a Catholic tribunal might declare it invalid due to lack of sacred rite.
B
Br.Rich_SFO
Guest
It is possible and if either of the people are Catholic the necessary dispensations and permissions would need to be requested and granted by the Bishop.
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