Protestant Divorce and re-Marriage

[theodoric]

I have a bit of an obscure question. A friend of mine is a Christian who was married to another Christian. They have subsequently divorced. I understand that there is a presumption that her marriage was valid and that, as a result, a Catholic would not be free to date her unless she obtained an annulment demonstrating her previous perceived marriage lacked an element of the sacrament. But here’s what I’m unsure of: her husband was previously married. Wouldn’t his prior marriage also carry an assumption of validity which, having not been rebutted, would preclude him from validly and sacramentally entering into the second marriage (with my friend)? [aside: Newt Gingrich comes to mind] OR is there a presumption that if a non-Catholic Christian divorces a person and then remarries another non-Catholic Christian, the initial and prior marriage was void ab initio and the person was therefore free to enter into a second marriage, the second remaining presumptively valid and precluding his or her new spouse from perusing another marriage? . A little confusing and I can’t find the answer!

 

[SMHW]

I have a bit of an obscure question. A friend of mine is a Christian who was married to another Christian. They have subsequently divorced. I understand that there is a presumption that her marriage was valid and that, as a result, a Catholic would not be free to date her unless she obtained an annulment demonstrating her previous perceived marriage lacked an element of the sacrament. But here’s what I’m unsure of: her husband was previously married. Wouldn’t his prior marriage also carry an assumption of validity which, having not been rebutted, would preclude him from validly and sacramentally entering into the second marriage (with my friend)? [aside: Newt Gingrich comes to mind] OR is there a presumption that if a non-Catholic Christian divorces a person and then remarries another non-Catholic Christian, the initial and prior marriage was void ab initio and the person was therefore free to enter into a second marriage, the second remaining presumptively valid and precluding his or her new spouse from perusing another marriage? . A little confusing and I can’t find the answer!

Standard disclaimer: Every case is unique. We can only speculate here on the internet based on the few incomplete pieces of information we think we know about.

I’ll just say that the woman’s ex-husband’s first marriage is an important piece of the overall picture. As to whether that make’s the investigation into the woman’s marriage simpler or even more complex… Each case needs to be investigated and judged on its own merits.

 

[1ke]

I have a bit of an obscure question. A friend of mine is a Christian who was married to another Christian. They have subsequently divorced. I understand that there is a presumption that her marriage was valid and that, as a result, a Catholic would not be free to date her unless she obtained an annulment demonstrating her previous perceived marriage lacked an element of the sacrament. But here’s what I’m unsure of: her husband was previously married. Wouldn’t his prior marriage also carry an assumption of validity which, having not been rebutted, would preclude him from validly and sacramentally entering into the second marriage (with my friend)?

Yes, this is called Ligamen. Although, a thorough investigation migth reveal other pertinent factors about that first marrriage.

is there a presumption that if a non-Catholic Christian divorces a person and then remarries another non-Catholic Christian, the initial and prior marriage was void ab initio and the person was therefore free to enter into a second marriage, the second remaining presumptively valid and precluding his or her new spouse from perusing another marriage?

No, there is no such presumption.

. A little confusing and I can’t find the answer!

Well, actually, parts of it do. Merely eccesiastical law binds only Catholics. Divine Law binds all peopple. Canon Law contains both ecclesiastical law and divine law-- as in the case of marriage.

 

[joanofarc2008]

Standard disclaimers withstanding it would most likely be a ligamen case. This is much more straight forward then the normal decree of nullity that we are used to hearing about on the forums.