Quick Question: Marriage not witnessed by church

[mamagoose]

Hello,

I am looking for a quick resource to back me up. Weddings that are not performed within the Catholic Church are still legitimate, correct? A marriage would just need to be convalidated by a priest/deacon. I would assume that convalidated means it is simply validated by the church as well as by who ever validated it originally/on the day of the wedding.

Thanks!

 

[SuscipeMeDomine]

Hello,

I am looking for a quick resource to back me up. Weddings that are not performed within the Catholic Church are still legitimate, correct? A marriage would just need to be convalidated by a priest/deacon. I would assume that convalidated means it is simply validated by the church as well as by who ever validated it originally/on the day of the wedding.

Thanks!

That depends on who is getting married and what you mean by “legitimate.”

Non-Catholics are not bound by Catholic marriage laws. So Protestants, Jews, Muslims, etc. are not required to get married in the Catholic Church. Assuming a valid marriage (e.g., no prior marriage bond), their marriages are valid and, if the parties are baptized, they are also sacramental. Should these people become Catholic, the Church would recognize their marriage with no further action needed.

“Legitimate” is a different term and I’m not sure what you mean by it. If twice-married Jack and thrice-married Jill go to the courthouse to get married, it is legitimate in terms of civil law, but not valid in terms of Church law.

If you are talking about a Catholic getting married then things change. Catholics are bound to the Catholic form of marriage unless they receive a dispensation. For example, a Catholic may marry a non-Catholic in the non-Catholic’s church and witnessed by the non-Catholic’s minister and if they had a dispensation it would be completely valid and recognized by the Catholic Church.

If the same marriage occurred without a dispensation, it would not be recognized.

You said, “I would assume that convalidated means it is simply validated by the church as well as by who ever validated it originally/on the day of the wedding.” Not quite. Having a marriage convalidated means that the couple is marrying in the Church. It’s a wedding and – since there wasn’t a valid marriage prior to the convalidation – the couple is marrying for the first time.

An option that would make the marriage valid back to the original date is called a radical sanation, but that is a different process.

 

[mamagoose]

Non-Catholics are not bound by Catholic marriage laws. So Protestants, Jews, Muslims, etc. are not required to get married in the Catholic Church. Assuming a valid marriage (e.g., no prior marriage bond), their marriages are valid and, if the parties are baptized, they are also sacramental. Should these people become Catholic, the Church would recognize their marriage with no further action needed.

Thank you for the explanation! Is there an official resource that says this?

 

[SuscipeMeDomine]

Thank you for the explanation! Is there an official resource that says this?

I’m not sure which part you mean, so here are a couple of references from canon law.

Can. 1055 §2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

Can. 1059 Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage.

Can. 1117 The form established above must be observed if at least one of the parties contracting marriage was baptized in the Catholic Church or received into it and has not defected from it by a formal act, without prejudice to the prescripts of ⇒ can. 1127, §2.

Can. 1118 §1. A marriage between Catholics or between a Catholic party and a non-Catholic baptized party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the permission of the local ordinary or pastor.

§2. The local ordinary can permit a marriage to be celebrated in another suitable place.

§3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in another suitable place.

Convalidation is covered in Can. 1156 and following. See vatican.va/archive/ENG1104/__P46.HTM

 

[mamagoose]

I’m not sure which part you mean, so here are a couple of references from canon law.

The Code of Canon Law doesn’t quite get at it.

A non-Catholic friend, with a Catholic family, married another non-Catholic outside, of course, of the Catholic Church. The friend’s family apparently refuses to accept their marriage as legitimate and valid. I am looking for a resource that says it is legitimate and valid, as you noted in your first response.

 

[Gorgias]

A non-Catholic friend, with a Catholic family, married another non-Catholic outside, of course, of the Catholic Church. The friend’s family apparently refuses to accept their marriage as legitimate and valid. I am looking for a resource that says it is legitimate and valid, as you noted in your first response.

Was your “non-Catholic friend” ever a Catholic? That is, how is it that they are non-Catholic “with a Catholic family”? In other words, are we talking about someone who left the Church and who is now a member of some Christian denomination?

 

[nodito]

The Code of Canon Law doesn’t quite get at it.

A non-Catholic friend, with a Catholic family, married another non-Catholic outside, of course, of the Catholic Church. The friend’s family apparently refuses to accept their marriage as legitimate and valid. I am looking for a resource that says it is legitimate and valid, as you noted in your first response.

When you say “A non-Catholic friend, with a Catholic family” that makes me wonder if perhaps the non-Catholic you refer to was baptized in the Church as a child? In that case, the marriage would not be valid.

If the friend is not baptized (or baptized in a tradition other than the Catholic Church), then this would be the relevant canon law:

Can. 1057 §1. The consent of the parties, legitimately manifested between persons quali-fied by law, makes marriage; no human power is able to supply this consent.

§2. Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other through an irrevocable covenant in order to establish marriage.

Can. 1058 All persons who are not prohibited by law can contract marriage.

Can. 1059 Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage.

Can. 1060 Marriage possesses the favor of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven.

 

[Elizium23]

The Code of Canon Law doesn’t quite get at it.

A non-Catholic friend, with a Catholic family, married another non-Catholic outside, of course, of the Catholic Church. The friend’s family apparently refuses to accept their marriage as legitimate and valid. I am looking for a resource that says it is legitimate and valid, as you noted in your first response.

Was your friend ever baptized Catholic?

Are Non-Catholic Marriages Valid?

Catholic Marriage and annulments

 

[Usige]

Canon 1060 states “Marriage enjoys the favour of law. Consequently, in doubt the validity of a marriage must be upheld until the contrary is proven.”

Since only Catholics are bound to canon law (that us what canon 1059 is getting at) then all other marriages are only subject to divine law and civil law. So if two non-Catholics marry according to civil law and do not violate divine law (marriage is between one man and one woman, for life,for the purpose of procreation and rearing of children) then the marriage under Canon 1060 enjoys the favour of law. If someone disputes that, then the onus on them is to prove that the marriage is invalid.

I can guarantee you that the Church considers marriages between 2 non-Catholics valid. Both my wife and I converted after being married for 9 years. When I applied for the diaconate formation program I spoke with the Judicial Vicar and he confirmed that our marriage could not be convalidation or sanated. Note, I do not say required, but could not. Why? Because a valid marriage cannot be convalidated.

 

[mamagoose]

Thank you for all of your replies.

My friend was never baptized in the Catholic Church. Their parents were baptized but are not active/believing. It is extended family that refuses to appreciate the legitimacy of their marriage.

I will send along those resources to them!