Remarriage in this circumstance

[PerfectTiming]

My parents separated almost seven years ago and divorced about two years ago.
Before my parents married, my father had already been previously married and divorced his first wife.
In this circumstance, if my mother were to re-marry to someone who has never been previously married would this marriage be considered valid by the Church since technically my parent’s marriage was never really valid?

 

[davidv]

My parents separated almost seven years ago and divorced about two years ago.
Before my parents married, my father had already been previously married and divorced his first wife.
In this circumstance, if my mother were to re-marry to someone who has never been previously married would this marriage be considered valid by the Church since technically my parent’s marriage was never really valid?

First - The Church considers all marriages valid until proven otherwise.
So, in your case above, your mother is not free to marry, unless and until a declaration of nullity is issued by the applicable Marriage Tribunal.

 

[The_Old_Medic]

You do not provide anywhere near enough information to make any form of determination.

1. Are either, or both, of your parents Catholics?
2. If one, or both are Catholic, were they married in the Church?

If neither is Catholic, then their marriage would likely be considered to be valid, regardless of previous marriages. If one, or both, are Catholic but they were NOT married in the church, then their marriage would not be considered to be valid.

If your father is Catholic, but his first marriage was not in the church, but his marriage to your mother was, then this would be a valid marriage for him. If your mother is Catholic, this would also be a valid marriage for her.

You can change the facts in various ways, and come up with differing answers. It all depends on the facts of the case.

 

[Cristiano]

My parents separated almost seven years ago and divorced about two years ago.
Before my parents married, my father had already been previously married and divorced his first wife.
In this circumstance, if my mother were to re-marry to someone who has never been previously married would this marriage be considered valid by the Church since technically my parent’s marriage was never really valid?

First of all your mother has to prove that her previous marriage was not valid. There are too many conditions that are not described in your post; however, she seems to have a reason to ask for an annulment. Only the Church will determine if the previous marriage was valid or not. That determination must be done before attempting any other marriage, because the previous marriage is considered valid until the Church has made her determination. She needs to work with a priest even before dating anyone and/or considering another mariage.

 

[Cristiano]

You do not provide anywhere near enough information to make any form of determination.

1. Are either, or both, of your parents Catholics?
2. If one, or both are Catholic, were they married in the Church?

** If neither is Catholic, then their marriage would likely be considered to be valid, regardless of previous marriages.** If one, or both, are Catholic but they were NOT married in the church, then their marriage would not be considered to be valid.

If your father is Catholic, but his first marriage was not in the church, but his marriage to your mother was, then this would be a valid marriage for him. If your mother is Catholic, this would also be a valid marriage for her.

You can change the facts in various ways, and come up with differing answers. It all depends on the facts of the case.

I bolded and underlined one statement that I think to be incorrect.

 

[PerfectTiming]

1. Are either, or both, of your parents Catholics?
2. If one, or both are Catholic, were they married in the Church?

My father is Catholic, my mother is not (she is Anglican). They weren’t married in the Church due to my father’s previous divorce, but my father and his first wife were.

davidv:

First - The Church considers all marriages valid until proven otherwise.
So, in your case above, your mother is not free to marry, unless and until a declaration of nullity is issued by the applicable Marriage Tribunal.

But surely if one party is already married in the eyes of the Church, since divorce is not permissible, the second ‘marriage’ is automatically invalid?

 

[1ke]

My father is Catholic, my mother is not (she is Anglican). They weren’t married in the Church due to my father’s previous divorce, but my father and his first wife were.

By your description, the marriage is invalid due to your father’s prior bond and the lack of canonical form. The Church would need to confirm this through an investigation of freedom to marry.

But surely if one party is already married in the eyes of the Church, since divorce is not permissible, the second ‘marriage’ is automatically invalid?

A declaration of freedom to marry is still required. Whether this entails a full tribunal investigation or merely a paperwork process depends upon the specific situation.

This chart may be helpful:

diocs.org/Portals/1/Documents/Tribunal/Decision_matrix.pdf

 

[JRKH]

By your description, the marriage is invalid due to your father’s prior bond and the lack of canonical form. The Church would need to confirm this through an investigation of freedom to marry.

A declaration of freedom to marry is still required. Whether this entails a full tribunal investigation or merely a paperwork process depends upon the specific situation.

This chart may be helpful:

diocs.org/Portals/1/Documents/Tribunal/Decision_matrix.pdf

The above sounds precisely right.

It really isn’t a matter that the individuals “Know” that the second marriage was invalid, but that The Church needs to practice “due diligence” in assuring that any future marriage is valid. To do so, the Church would need to look at the previous marriage and make a proper and formal ruling.

Peace
James

 

[Carlan]

*My father is Catholic, my mother is not (she is Anglican). They weren’t married in the Church due to my father’s previous divorce, but my father and his first wife were. *

But surely if one party is already married in the eyes of the Church, since divorce is not permissible, the second ‘marriage’ is automatically invalid?

PT, your father according to Cannon Law is still married to his first wife, Your mom and he were never married to each other according to Church law, Please talk to a Priest and do not take what we say until you do, Peace, Carlan