Marrying Divorced Protestant

[PabloP]

Hello,

What are the circumstances in which a Catholic can marry a divorced protestant?

PabloP

 

[LilyM]

For this answer I am assuming that the Catholic has never been married before, and that the marriage that was the subject of the divorce was the first marriage for the Protestant. And, of course, that the ex-spouse was still alive.

If the Protestant contracted their first marriage in a religious ceremony of their own faith, the marriage would most likely be treated in the same way as a marriage between two Catholic parties contracted within the Catholic church. The circumstances of the marriage would need to be investigated by a Catholic Marriage Tribunal. The Tribunal would then have to find that the marriage of the Protestant party was invalid for some reason and that they were free to marry before the Catholic party could even think of marrying them.

If the Protestant was married in a civil ceremony (ie before a judge or other non-religious celebrant) it would probably be easy to establish that there was ‘lack of form’ and the marriage again would have to be declared invalid (null) before they could marry the Catholic party.

 

[agapewolf]

Lack of form only has to do with Catholics, as protestants can’t be held to a form. The form that is being referred to is from “correct form and matter”. Only Catholics are held to the correct canon law form for marriages.

 

[LilyM]

Lack of form only has to do with Catholics, as protestants can’t be held to a form. The form that is being referred to is from “correct form and matter”. Only Catholics are held to the correct canon law form for marriages.

My understanding is that a Protestant who marries in a non-religious ceremony is basically in the same position as a Catholic who marries in a non-religious ceremony - ie the marriage is invalid. It may not be called ‘lack of form’ in the case of Protestants, but it won’t be presumed valid either. Correct me if I’m wrong.

 

[agapewolf]

My understanding is that a Protestant who marries in a non-religious ceremony is basically in the same position as a Catholic who marries in a non-religious ceremony - ie the marriage is invalid. It may not be called ‘lack of form’ in the case of Protestants, but it won’t be presumed valid either. Correct me if I’m wrong.

This is incorrect…with a possible exception of orthodox,

Protestants don’t have form…doesn’t matter where they marry. 2 non-catholics can legally marry and it would be presumed valid.

 

[LilyM]

This is incorrect…with a possible exception of orthodox,

Protestants don’t have form…doesn’t matter where they marry. 2 non-catholics can legally marry and it would be presumed valid.

I’m sure many Protestant denominations DO have requirements re form. For example, views on the necessity of obtaining God’s blessing on a marriage (which means being married by a minister or pastor instead of a judge or civil celebrant).

I’ve known Protestants who were adamant about being married in their church and wouldn’t consider being married anywhere else. One presumes that this is because their denomination has views as to the importance and significance of being married in their place of worship. So that also means there is, in the view of their denomination, also THAT requirement as to ‘form’.

Can’t really speak for non-Christians, of course.

 

[Seatuck]

Hello,

What are the circumstances in which a Catholic can marry a divorced protestant?

PabloP

The divorced person must submit to an investigation by the Catholic Marriage Tribunal so that they can determine if the marriage was a valid marriage or not. If the Marriage Tribunal finds that there were problems with the bond then they will issue a Decree of Nullity or Annulment as it is popularly called.

Any Catholic who wishes to seriously date a divorced person should insist that this be done fairly early on in the relationship. We cannot date married people. That is know as adultery. We don’t want to cause another person to sin.

 

[Seatuck]

I’m sure many Protestant denominations DO have requirements re form. For example, views on the necessity of obtaining God’s blessing on a marriage (which means being married by a minister or pastor instead of a judge or civil celebrant).

I’ve known Protestants who were adamant about being married in their church and wouldn’t consider being married anywhere else. One presumes that this is because their denomination has views as to the importance and significance of being married in their place of worship. So that also means there is, in the view of their denomination, also THAT requirement as to ‘form’.

Can’t really speak for non-Christians, of course.

I don’t believe the Catholic Church holds anyone but Catholics to “form” because the form that is discused is the Catholic form.

So as long as the divorced protestant in the OP was married to a non Catholic it doesn’t pertain in this instance.

 

[1ke]

Hello,

What are the circumstances in which a Catholic can marry a divorced protestant?

PabloP

A Catholic cannot marry a divorced protestant until and unless that person has been declared free to marry by the Catholic Church.

Their prior marriage is presumed to be valid. 'They are not free to marry.

Therefore, they would have to submit evidence of nullity to the Catholic marriage tribunal. The Tribunal would then examine the evidence and make a delcaration. However, they may find the marriage to be valid, in which case you would not be able to marry this person, ever. Not as long as their spouse is alive. If the Tribunal makes a finding that the marriage is null, then you would be able to proceed. For specific circumstances, there are other avenues (Petrine and Pauline privilege), but that is more in-depth than can be adequately explained here.

See your priest immediately if you are contemplating such a marriage.

Here is a chart that may help you:

diocs.org/CPC/Tribunal/Decision_matrix.pdf

Also, the book Annulment: The Wedding That Was by Michael Smith Foster would be worth purchasing and reading, or get it from your library on loan.

 

[1ke]

I’m sure many Protestant denominations DO have requirements re form. For example, views on the necessity of obtaining God’s blessing on a marriage (which means being married by a minister or pastor instead of a judge or civil celebrant).

Lily, this is not correct. The Catholic Church recognizes as valid a marriage between two non-Catholics when contracted civilly. The only exception to this is the Orthodox, and that is because in the Orthodox understanding of the Sacrament of Marriage it is the priest who confers the sacrament, not the couple.

The Catholic teaching on marriage is that the couple confer the sacrament upon each other. That is why two baptized individuals who are non-Catholics marry validly whenever they exchange consent, wherever that may be.

The Orthodox, because of their status as true Churches, do have canonical form and we recognize it. Other non-Catholic ecclesial communities do not, nor do they consider marriage a sacrament.

I’m sorry Lily, but you are simply wrong on this. Two non-Catholics married anywhere need a full tribunal investigation. Their marriage is valid. See this chart regarding who needs a decree if nullity:

diocs.org/CPC/Tribunal/Decision_matrix.pdf

I’ve known Protestants who were adamant about being married in their church and wouldn’t consider being married anywhere else.

That may be true, but it does not have any bearing on form.

One presumes that this is because their denomination has views as to the importance and significance of being married in their place of worship. So that also means there is, in the view of their denomination, also THAT requirement as to ‘form’.

It may be significant, but it is not a requirement of form. One would be presuming wrongly if one presumed this. The Church is very specific in what it means regarding canonical form. Canonical form does not have any meaning for a non-Catholic in an ecclesial community, they don’t have anyone with valid Holy Orders to witness it. Their minister witnessing the marriage is no different than a Justice of the Peace. He is a civil witness only. He has no Holy Orders. The Catholic Church and the Orthodox Churches have Holy Orders.

 

[puzzleannie]

Hello,

What are the circumstances in which a Catholic can marry a divorced protestant?

PabloP

there are none. a divorced person is considered validly married until proven otherwise, and therefore is not free to marry anyone, Catholic or not.

if this person were to submit his first marriage to the canon law tribunal of the Catholic diocese in which he resides, or in which the marriage took place, for investigation and receive a decree of nullity, he would then be free to marry if there were no other impediments. There is an impediment to marrying a Catholic however, who is bound by canonical form, and must apply for and receive a dispensation to marry a non-Catholic. They must also go through whatever marriage preparation is prescribed in their diocese to assure they are both free to marry, clear of any impediments and able and willing to exchange free consent.

 

[LilyM]

Lily, this is not correct. The Catholic Church recognizes as valid a marriage between two non-Catholics when contracted civilly. The only exception to this is the Orthodox, and that is because in the Orthodox understanding of the Sacrament of Marriage it is the priest who confers the sacrament, not the couple.

The Catholic teaching on marriage is that the couple confer the sacrament upon each other. That is why two baptized individuals who are non-Catholics marry validly whenever they exchange consent, wherever that may be.

The Orthodox, because of their status as true Churches, do have canonical form and we recognize it. Other non-Catholic ecclesial communities do not, nor do they consider marriage a sacrament.

I’m sorry Lily, but you are simply wrong on this. Two non-Catholics married anywhere need a full tribunal investigation. Their marriage is valid. See this chart regarding who needs a decree if nullity:

diocs.org/CPC/Tribunal/Decision_matrix.pdf

That may be true, but it does not have any bearing on form.

It may be significant, but it is not a requirement of form. One would be presuming wrongly if one presumed this. The Church is very specific in what it means regarding canonical form. Canonical form does not have any meaning for a non-Catholic in an ecclesial community, they don’t have anyone with valid Holy Orders to witness it. Their minister witnessing the marriage is no different than a Justice of the Peace. He is a civil witness only. He has no Holy Orders. The Catholic Church and the Orthodox Churches have Holy Orders.

Makes sense when you put it like that. I stand corrected. Humblest apologies for any confusion that may have been caused.

 

[Norseman82]

Hello,

What are the circumstances in which a Catholic can marry a divorced protestant?

PabloP

Are the pickings that slim among unmarried Catholic women that you have to turn your back on your own kind?

(wait, forget I asked…)

 

[psychicharvard]

Are the pickings that slim that we have to turn our backs? Kinda. :sad_yes: