Remarriage among non-Catholics

[The_Iambic_Pen]

If a non-Catholic were to remarry after divorce, would it be acceptable for a Catholic to support this union and/or attend the wedding? Since it is my understanding that only the Catholic Church has the authority to grant annulments, would the non-Catholic still be considered married in the eyes of the Church? If so, would the non-Catholic be committing adultery, or would his or her ignorance excuse him or her?

Thanks and God bless!

 

[Texas_Roofer]

If a non-Catholic were to remarry after divorce, would it be acceptable for a Catholic to support this union and/or attend the wedding? Since it is my understanding that only the Catholic Church has the authority to grant annulments, would the non-Catholic still be considered married in the eyes of the Church? If so, would the non-Catholic be committing adultery, or would his or her ignorance excuse him or her?

Thanks and God bless!

The non Catholic is not a subject of the church. The Catholic (friend?) would be discouraged from supporting divorce, and would encourage the non Catholic to consider attending the Catholic Church and developing a relationship based on Catholic teachings. Should the divorced non Catholic develop into a Catholic that person would petition for annulment on defect of form, which means the original marriage to not follow Catholic form.

 

[1ke]

The non Catholic is not a subject of the church.

Not exactly. The non-Catholic is not subject to Catholic Canon Law and the Catholic form of marriage.

Should the divorced non Catholic develop into a Catholic that person would petition for annulment on defect of form, which means the original marriage to not follow Catholic form.

**This is inaccurate. **

A non-Catholic’s marriage is considered valid and (if both parties were baptized) sacramental.

Non-Catholics are not subject to the Catholic form of marriage, therefore if a non-Catholic becomes a Catholic “defect of form” is not grounds for a decree of nullity.

 

[1ke]

If a non-Catholic were to remarry after divorce, would it be acceptable for a Catholic to support this union and/or attend the wedding?

This is a tough question. Pastorally, it should be discussed with a priest for guidance.

There is nothing strictly forbidding a person from attending, but it certainly could give scandal.

However, if it’s a close family member-- say a sister or parent-- you could do significant harm to the relationship by not attending. In that case, you might clearly state your objections to them, but then attend (not participate as a groomsman or such).

Ultimately, it’s up to the individual to discern the situation and the best course of action.

Since it is my understanding that only the Catholic Church has the authority to grant annulments, would the non-Catholic still be considered married in the eyes of the Church?

Yes, they would.

If so, would the non-Catholic be committing adultery,

Yes, they would.

or would his or her ignorance excuse him or her?

It could mitigate culpability, yes.

 

[The_Iambic_Pen]

I thank you all for the replies. I ask all of this because a really good friend of mine is remarrying soon. Based on what I have learned about annulments, her previous marriage would almost certainly qualify for one. However, as she is not Catholic, an annulment is not possible, nor would she think to seek it out. I want to be happy for her as she prepares to marry a good man, and I hope that she is able to have a wonderful marriage and is able to heal the hurt of the past. However, I am also concerned for her, as, according to the teachings of the Catholic Church, she is likely sinning (though without realizing it).

Here’s another question, though. If a Protestant church had some sort of annulment system, whereby it could be determined that conditions were present at the start of a marriage which could render it invalid, would the Catholic Church recognize such an annulment?

Thanks and God bless!

 

[1ke]

Here’s another question, though. If a Protestant church had some sort of annulment system, whereby it could be determined that conditions were present at the start of a marriage which could render it invalid, would the Catholic Church recognize such an annulment?

Thanks and God bless!

No.

The person would still need to go through the Catholic tribunal as only the Catholic Church has the power to bind and loose and administer the Sacraments.

Another denomination’s process would not be relevant.

 

[Jessamy]

I’m no expert but I’ve been lurking around for a while. Isn’t an invalid marriage invalid no matter what? A Church annulment is just a confirmation that it was in fact never a marriage.

Now I know you can’t just assume that the marriage was invalid, but isn’t it possible that this woman is not sinning by remarrying? Is it a sin to remarry if the first marriage was invalid and one does not know to get an annulment from the Church? God would know the first marriage was not valid, and also that the person was ignorant, so would it even be a sin in that case?

Just to propose another case, what about a person who converts to Catholicism after a divorce and remarriage. If they faithfully go through the annulment process (including remaining chaste during the waiting period) and are granted one for their first, were they ever really sinning in their second, valid marriage?

 

[The_Iambic_Pen]

What Jessamy says makes sense to me, because isn’t an annulment simply a recognition that a marriage never existed? This isn’t about any Church’s power to bind and loose.

 

[1ke]

I’m no expert but I’ve been lurking around for a while. Isn’t an invalid marriage invalid no matter what? A Church annulment is just a confirmation that it was in fact never a marriage.

All marriages are presumed valid. Therefore, on it’s face EVERY marriage is valid.

Only the Church has the authority to investigate and pronounce otherwise.

Now I know you can’t just assume that the marriage was invalid, but isn’t it possible that this woman is not sinning by remarrying?

No, her marriage is a valid one. As I said, no one can presume it to be invalid.

Also, Jesus was very clear in the Bible that divorce is a sin and remarriage is adultery. Therefore, it is not only a Catholic that can know this Truth.

However, her own denomination’s teachings on the matter may contradict the bible, or she may not be practicing a religion. In either case, lack of full knowledge and free will would impact the “sinfulness”. It may not, in fact, be a sin if the person doesn’t know it is a sin.

It is still an objectively wrong act.

Is it a sin to remarry if the first marriage was invalid and one does not know to get an annulment from the Church?

Yes, as I said it is valid unless the Church declares it otherwise.

God would know the first marriage was not valid, and also that the person was ignorant, so would it even be a sin in that case?

That is a lot of presumption and assumption. God will, of course, hold us accountable for what we know. As mentioned previously, it is possible to know the indissoluability of marriage from Scripture as well as from the Church.

QUOTE=Jessamy;1999667] Just to propose another case, what about a person who converts to Catholicism after a divorce and remarriage.

The must have their marriage examined BEFORE converting. One cannot be received into the Church in an invalid marriage (unless the couple end marital relations and live as “brother and sister” or separate).

QUOTE=Jessamy;1999667] If they faithfully go through the annulment process (including remaining chaste during the waiting period) and are granted one for their first, were they ever really sinning in their second, valid marriage?

Sin requires full knowledge and free will. So, I cannot say what they knew or did not know or whether they were sinning. What I can tell you is that they were committing a gravely wrong act, possibly sinning, and regardless a gravely wrong act damages the soul whether one must formally confess it or not.

 

[1ke]

What Jessamy says makes sense to me, because isn’t an annulment simply a recognition that a marriage never existed? This isn’t about any Church’s power to bind and loose.

Yes, it is about binding and loosing. No one may presume a marriage was invalid. In your OP you said that from what you knew her marriage “probably” was invalid. You cannot know that.

Her marriage IS valid.

The only way it can be declared to be invalid is if the CHURCH says it is. Only the Church has been given the power to declare it so-- hence my reference to binding and loosing.

 

[Jessamy]

Thanks for your replies 1ke; it makes much more sense now.

I do think that the fact that the individual in question is unaware of the need for an annulment mitigates some culpability in this case. And if she would qualify for annulment than perhaps there are some additional mitigating factors associated with her divorce/remarriage.

I want to be happy for her as she prepares to marry a good man, and I hope that she is able to have a wonderful marriage and is able to heal the hurt of the past. However, I am also concerned for her, as, according to the teachings of the Catholic Church, she is likely sinning (though without realizing it).

Iambic Pen, this is a very difficult situation. Probably all you can do is pray for her and continue to be her friend. I think that includes attending the wedding and telling her you are glad she is with someone better. Any other statement on your behalf would just alienate her from you and possibly from the Church as well, which would make her conversion even less likely.