Remarriage

[valoriuslobo]

Greetings

My father and mother obtained a civil divorce many moons ago. However, neither of them obtained an annulment. My father several months ago remarried with a civil marriage in a court of law. He has since committed apostasy. Obviously he isn’t interested in an annulment, but the apostasy aside, did excommunicate himself latae sententiae or otherwise upon contracting civil marriage?

Thank you.

 

[laszlo]

The marriage is attempted marriage, invalid. This involves automatic excommunication only for former clerics. The difference is only legal, he cannot receive sacraments living in sin.

 

[Chatter163]

Not enough info was given. You did not state if your parents were married in the Catholic Church. Were they both baptized Catholics?

 

[valoriuslobo]

Yes they are both Catholics & baptized into the Church. I thought this was a given, but I see it may have been vague.

So, in light of that, my father is barred from the sacraments. But is that not also the penalty incurred in a state of excommunication?

 

[UnusVeritas]

Greetings

My father and mother obtained a civil divorce many moons ago. However, neither of them obtained an annulment. My father several months ago remarried with a civil marriage in a court of law. He has since committed apostasy. Obviously he isn’t interested in an annulment, but the apostasy aside, did excommunicate himself latae sententiae or otherwise upon contracting civil marriage?

Thank you.

Yes he did. To divorce and then attempt remarriage, is, I believe, excommunication ipso facto.

 

[TrueLight]

Greetings

My father and mother obtained a civil divorce many moons ago. However, neither of them obtained an annulment. My father several months ago remarried with a civil marriage in a court of law. He has since committed apostasy. Obviously he isn’t interested in an annulment, but the apostasy aside, did excommunicate himself latae sententiae or otherwise upon contracting civil marriage?

Thank you.

What does it mean to commit apostasy? He converted to another religion?

 

[JReducation]

The canonical question is always “Is the first marriage valid?” The question of sacrament does not enter into the picture, because you can’t have a sacrament, if the marriage is invalid. In addition, there are marriages that are not a sacrament, but are valid and therefore, neither party is free to remarry. It’s much more complex than “Were they married in the Catholic Church?” The question is not going to be correctly answered on this thread, because you need more information and it has to be looked at by canon lawyers and finally by a tribunal.

In general, every marriage is presumed valid until nullity can be proven, sort of like everyone is innocent until proven guilty. There are situations when nullity is loud and clear, because the impediment was very visible, but that’s not always the case. That’s why we don’t encourage trying to discern whether a specific couple’s marriage was valid or not on a public forum. Once you bring up Mr. and Mrs. John Doe, then you’re no longer talking in objective terms. Now you’re talking about two real people and a real situation. Their situation may or may not fit the bill for a valid or an invalid marriage. We cannot know this, unless we have information to which we have no right to have. Only a canon lawyer has a right to have that information.

I will tell you that some of the common impediments to a valid married are

1. 
   *]An existing valid marriage by either partner
   *]Solemn vows by a male or female religious that were never dispensed by the Church
   *]Promise of celibacy made by a deacon, priest or bishop (Even married deacons promise celibacy. It kicks in if the wife dies.)
   *]Mental incompetence – includes immaturity, but does not stop there
   *]Deception
   *]Force or fear
   *]Absence of intent to marry, stay married and be open to the children that God will send, if any
   *]Disparity of cult – a Muslim’s marriage to another Muslim is valid and cannot be declared null and void. They share the same faith and are married using whatever rite their faith allows.
   
   There are other less common impediments. Less common means that they don’t come up as often. When talking about specific people, it’s best to take the question to someone well versed in marriage law. Even the local parish priest or deacon is not as well versed as a lawyer. That’s why he will refer you to a canon lawyer. The parish priest or deacon will give you the broad answers, which may include some points that I’ve missed. But the nitty-gritty can only be addressed by someone who is well versed in law.
   
   The most important point is that we always give the benefit of the doubt to the bond, not to the individuals’ feelings. Only when we can prove that there was no bond can the tribunal issue a decree of nullity.
   
   The canonical penalty for those who attempt remarriage when there is a question about the validity of a prior marriage is excommunication. The person may not receive any of the sacraments, not just Holy Communion, until such time as either the situation is corrected by a decree of nullity or the second couple no longer lives as man and wife. In other words, they agree to live as brother and sister or not live together at all. Then they can receive absolution and are welcome back to the Eucharist.
   
   We must also understand that an excommunication is a disciplinary measure. It is not the Church’s way of saying, “Hit the road Jack.” There are many good people who find themselves excommunicated for different reasons. The Church encourages those people to remain close to her by attending mass, participating in the prayer life of the Church and to make every effort to correct the problem that keeps them from full communion with the Church. For example, we don’t tell a person who is objectively excommunicated that they cannot come to mass or that they cannot participate in parish life. There are some things that they cannot do in the parish, until they repair their situation. It’s best to check it out with the pastor or the canonical chancellor of the diocese. The list of things that are permitted and forbidden to those who are in such a state varies depending on the state of the person. An excommunicated religious or cleric is in a different state from an excommunicated layperson who married, divorced and remarried. Both of these are different from one who is excommunicated for heresy.
   
   In the meantime, the best rule is to give the benefit of the doubt to the bond. Always assume that the first marriage is valid until someone in authority can say that it is not. If a decree of nullity is issued, then close the case in your head. Too many people go around asking themselves and everyone else if it’s possible for the tribunal to make a mistake. The answer is simple. Mistakes are always possible. In the end, the person who is responsible for the mistake is the one who must answer before God. That’s why those in the tribunal do the best they can to defend the bond, so that when they do issue a decree of nullity they can appear before God as having acted as honestly and with the greatest integrity humanly possible. That’s all that God can expect from them.
   
   Fraternally,
   
   Br. JR, OSF

 

[puzzleannie]

Greetings

My father and mother obtained a civil divorce many moons ago. However, neither of them obtained an annulment. My father several months ago remarried with a civil marriage in a court of law. He has since committed apostasy. Obviously he isn’t interested in an annulment, but the apostasy aside, did excommunicate himself latae sententiae or otherwise upon contracting civil marriage?

Thank you.

not our call. you don’t know what sins he has or has not committed because you are not his priest in confess. You only know that his outward behavior has been questionable. It is not your problem and not your call to name his sins. It is your call to live as the best Catholic you can be to set an example for both your parents in a way that hopefully will attract them back to life in Christ, and to continue to honor them, simply because they are your parents, and leave the judgment to God.

 

[1ke]

did excommunicate himself latae sententiae or otherwise upon contracting civil marriage?

No. Not under the 1983 code of canon law.

Under the 1917 code of canon law, it was the penalty. The penalty was abrogated in 1977 and not included in the 1983 code.