Religious marriage only

[BioCatholic]

Is it possible to be married in the CC WITHOUT getting a state license? ive read about couples who are doctors or other professionals in high-risk lawsuit professions will get married in their church, but not get a license in order to protect at least 1/2 of their assets from the sharks.

i also used to consider because of my professions, getting a civil divorce in order to sign over the house to my wife, and protect it from people who might sue me for malpractice as a paramedic.

the church still consideres a couple married even after a CIVIL divorce. so why not use the laws to your advantage, and be able to protect your family from unethical lawyers and people?

does that fall under the “Render unto Caesar…” clause? if the STATE allows you to divorce, thus severing assets from seizure and award, isnt that a STATE matter? the church says you are still married, but the law says you arent. that way, you can still have a sacramental marriage, but not have to worry about losing EVERYTHING to crazed lawyers. any ideas?

 

[stbruno]

No, in the archdiocese of Chicago, you are required by law and the church to have a marriage license.Since marriage is also governed by the state, the church also requires it before the marriage can take place. The license is then signed by the priest or deacon who witnesses the sacrament and files it with the county.

 

[Lorrie]

stbruno:

No, in the archdiocese of Chicago, you are required by law and the church to have a marriage license.Since marriage is also governed by the state, the church also requires it before the marriage can take place. The license is then signed by the priest or deacon who witnesses the sacrament and files it with the county.

Its the same here in Arkansas and if its like that here you can pretty much bet that its like that all over the U.S. - we aren’t the type to “branch off” and do things different.

 

[cameron_lansing]

BioCatholic:

Is it possible to be married in the CC WITHOUT getting a state license? ive read about couples who are doctors or other professionals in high-risk lawsuit professions will get married in their church, but not get a license in order to protect at least 1/2 of their assets from the sharks.

It is “possible” but only rarely and with the permission of the local ordinary (canon 1071 §1, 2º). Here the code envisions a situation where marriage cannot be recognized or celebrated by civil law.

Generally, such a case would be rare and the permission unlikely in the scenario you describe.

Personally, I’ve not read about the cases involving risky professions which you mention. But I have heard of marriages performed secretly (canon 1130) between social security recipients who could not survive on the reduced income they would get. Obviously, a civil license would be avoided.

The Church does teach that certain divine-natural rights, such as the right of persons who are free to marry and want to marry, supercede the authority of the state. During the days in which there were anti-miscegenation laws in the U.S. South, and religious marriages without civil license were conducted in the Catholic Church.

As noted, a number of dioceses, and probably almost all of them, would require a civil license before a marriage could be celebrated in the Catholic Church. This requirement is not in the code of canon law itself, but consistent with its approach to honor civil laws that are not unjust at face value.

Such diocesan policies would fall into the category of particular law, and the local ordinary (usually the diocesan bishop), or another whom he delegates, could relax them (canon 88) as well as give the permission as above.

The Church may be liable to civil criminal punishment as a result of such an action, and suffer loss. So any request will likely come under very close scrutiny. Professionals in high risk would probably be advised to pay the malpractice insurance.

Deacon John Cameron
Lansing MI