Second Marriage for non-Catholic

[maryjk]

Ok, everyone be gentle. This is the first thread that I have started. I have completed a couple of searches and have not found the answer.

My non-Catholic friend is getting married for the second time. Since she is not Catholic and not bound by Catholic laws, can I be happy for her. Ok, I can be happy, but should I show it.

There were many issues with her first marriage, but regardless, she is divorced. I know that a Catholic would need an annulment, but not being Catholic, she does not have that option.

So are all non-Catholic second marriages invalid?

 

[Deacon_Ed]

maryjk:

Ok, everyone be gentle. This is the first thread that I have started. I have completed a couple of searches and have not found the answer.

My non-Catholic friend is getting married for the second time. Since she is not Catholic and not bound by Catholic laws, can I be happy for her. Ok, I can be happy, but should I show it.

There were many issues with her first marriage, but regardless, she is divorced. I know that a Catholic would need an annulment, but not being Catholic, she does not have that option.

So are all non-Catholic second marriages invalid?

Ah, what an interesting question! The Catholic theology of marriage is that marriage forms a covenant, and that the obligations of marriage cease with death. Since Jesus made it clear that once one is married there can be no divorce, it follows that any second or subsequent marriage following a divorce is invalid. Since this is Truth, and Truth is nor relative, it follows that your friend’s second marriage is potentially invalid. Because no Tribunal has ruled on the state of the first marriage we cannot know if it was valid or not, so we cannot know if the second marriage is valid or not.

Of course, Catholics are bound by canon law which requires them to submit a marriage to the Tribunal before attempting a second marriage, so that we can avoid this very question.

That’s a long way of saying that there is no way to know if this second marriage is actually invalid, but from a Catholic standpoint it is objectively invalid.

Deacon Ed

 

[stbruno]

The following information was taken from this website:
familyministries.org/www.inthespiritofcana.org/appendix_O.htm]
The large and growing body of research reveals that people from every social, economic and ethnic group are impacted by family breakup and high-risk relationships.
Divorced Couples and Broken Homes

• The impact on the emotional, financial, and physical well being of a divorced couple is immediate, and essentially negative.31

• It takes many years for both ex-spouses to recoup emotionally, financially and psychologically from the impacts of their divorce.32

• Regardless of age, many children of divorced parents have never fully overcome the adverse affects of family disruption.33

Remarried Couples and Step-Families

• Remarried couples experience a much higher rate of divorce than first-time married couples.34

• Couples in second marriages and step family members experience a wider range of emotional complexities and relational challenges.

So in my opinion, your friend has challenges ahead, and we who are friends should support them in constructive ways to show how important the idea of a “marriage covenant” is to us and to society at large. Disposable marriages are never healthy. And a second marriage has even greater statistics against it surviving without a firm committment to it and by those who are around them. With all things pray!

 

[mosher]

Deacon Ed:

Ah, what an interesting question! The Catholic theology of marriage is that marriage forms a covenant, and that the obligations of marriage cease with death. Since Jesus made it clear that once one is married there can be no divorce, it follows that any second or subsequent marriage following a divorce is invalid. Since this is Truth, and Truth is nor relative, it follows that your friend’s second marriage is potentially invalid. Because no Tribunal has ruled on the state of the first marriage we cannot know if it was valid or not, so we cannot know if the second marriage is valid or not.

Of course, Catholics are bound by canon law which requires them to submit a marriage to the Tribunal before attempting a second marriage, so that we can avoid this very question.

That’s a long way of saying that there is no way to know if this second marriage is actually invalid, but from a Catholic standpoint it is objectively invalid.

Deacon Ed

Deacon, is there not an assumption of validity of the primary marriage.

 

[Deacon_Ed]

mosher:

Deacon, is there not an assumption of validity of the primary marriage.

Mosher,

Absolutely! Canon law phrases it this way: “Marriage enjoys the favor of law” which simply means that a marriage is always presumed to be valid until it is proven otherwise.

Deacon Ed

 

[mosher]

Deacon Ed:

Mosher,

Absolutely! Canon law phrases it this way: “Marriage enjoys the favor of law” which simply means that a marriage is always presumed to be valid until it is proven otherwise.

Deacon Ed

Therefore, whould it be true to say that the second marriage of the OP’s Christian friend is presumed to be invalid as two marriages obviously cannot be valid at the same time. And, as such, would that also make the second marriage objectivelly sinfull. And if so then what recourse does a protestant have to determine such a thing.

 

[Deacon_Ed]

mosher:

Therefore, whould it be true to say that the second marriage of the OP’s Christian friend is presumed to be invalid as two marriages obviously cannot be valid at the same time. And, as such, would that also make the second marriage objectivelly sinfull. And if so then what recourse does a protestant have to determine such a thing.

Mosher,

In my first reply I said that the second marriage was objectively invalid by which I meant that it had all the appearance of being invalid. Since a marriage is either valid or invalid from the time of the exchange of vows, and since the Tribunal does not, itself, make the marriage invalid, it follows that what the Tribunal does is provide a “morally certain” statement with regard to the validity of the marriage.

Although Protestants actually do have access to the Tribunal (I’ve actually submitted an annulment request for a Protestant who was married to a Protestant and wanted to remarry a Protestant), they generally do not concern themselves with the issue of divorce and remarriage.

From a Catholic perspective this is clearly an issue of mortal sin, but since the requirement for mortal sin is serious matter, knowledge and sufficient freedom to commit the act it may be that we are dealing with what is objectively mortally sinful but subjectively venial. After all, the “prevailing wisdom” of the secular society is that there’s nothing wrong with divorce. One who has grown up with that mentality may not have knowledge of the fact that this is serious.

Beyond that, we trust in the Lord’s mercy.

Deacon Ed

 

[ChristianWAB]

maryjk:

Ok, everyone be gentle. This is the first thread that I have started. I have completed a couple of searches and have not found the answer.

My non-Catholic friend is getting married for the second time. Since she is not Catholic and not bound by Catholic laws, can I be happy for her. Ok, I can be happy, but should I show it.

There were many issues with her first marriage, but regardless, she is divorced. I know that a Catholic would need an annulment, but not being Catholic, she does not have that option.

So are all non-Catholic second marriages invalid?

I’d be respectful of her beliefs, but not necessarily approving of them. I have a friend who recently decided that he was gay. I never stopped being his friend, but at the same time, I made it very clear that what he was doing was wrong, whether he chose to believe God or not.

This is more of my personal opinion, but I really can’t get over how many divorces happen in our world. I don’t even know why they call them wedding “vows” since so many people break them. It’s like, “Okay, you promised you’d stay with him until death parts you, yet you and he are both still alive. What gives?” But, what can ya do? :nope:

 

[Sean_O_L]

Deacon Ed wrote:

Protestants actually do have access to the Tribunal

In support of which - an extract from Vol II of The Canon Law Digest:
**
Protestant Marriages Not Necessarily Null for Exclusion of Indissolubility: Mere Error of Law Does Not Invalidate (Rota, 1 Mar., 1924) R.D. 16-74.R.D.
The Facts. This marriage between two Presbyterians was first contracted civilly and then, two days later, before a Presbyterian minister. After seventeen years of married life, during which they had three children, separation and divorce followed. The man, now wishing to marry a Catholic girl, accuses the former marriage on the ground of exclusion of indissolubility. The diocesan court of Westminster decided against him; and he has appealed to the Rota.
Full file at jloughnan.tripod.com/protmar1.htm**

 

[maryjk]

In most cases I would agree. But in abuse cases, it is prudent to get while you can.

My problem isn’t the divorce, but the remarriage. And since Postestant groups don’t normally have annulments, what to do about the second marriage. Inside I am thrilled. But am I happy about my friend committing a mortal sin?

Since Dad was starting to verbally abuse the kids, yes I heard it, it was good to get them out too. To have a positive male role model would be good for them. But should it be a second husband?

 

[mosher]

Deacon Ed:

Mosher,

In my first reply I said that the second marriage was objectively invalid by which I meant that it had all the appearance of being invalid. Since a marriage is either valid or invalid from the time of the exchange of vows, and since the Tribunal does not, itself, make the marriage invalid, it follows that what the Tribunal does is provide a “morally certain” statement with regard to the validity of the marriage.

Although Protestants actually do have access to the Tribunal (I’ve actually submitted an annulment request for a Protestant who was married to a Protestant and wanted to remarry a Protestant), they generally do not concern themselves with the issue of divorce and remarriage.

From a Catholic perspective this is clearly an issue of mortal sin, but since the requirement for mortal sin is serious matter, knowledge and sufficient freedom to commit the act it may be that we are dealing with what is objectively mortally sinful but subjectively venial. After all, the “prevailing wisdom” of the secular society is that there’s nothing wrong with divorce. One who has grown up with that mentality may not have knowledge of the fact that this is serious.

Beyond that, we trust in the Lord’s mercy.

Deacon Ed

Thank you. You answered my question.

 

[Sean_O_L]

maryjk you wrote:

So are all non-Catholic second marriages invalid?

I hope that you accept that the answer is: No - not necessarily so.

As to the particular case: It would be impossible for anyone on this forum to give an authorative judgment about the nullity of the marriage of your friend - for the full facts on the case are certainly not available, and none of us have any authority to make such a judgement.

Your friend could obtain a judjment from first the local Catholic Diocese (which in all probability would refer the case to Rome) - but, one could ask: “If the judgment went against her, would she accept the judgment?”

In either event, she is still your friend and deserves your prayers.

 

[she_he]

Hello all:

Once again I am posting here and hopefully this will be useful as well…

I have in my hand from the Office of the tribunal
a formal nullity petition

the first paragraph states as follows on the very opening cover page…

The Legal structure of the Catholic church provides EVERY person, Catholic or not the right to petition the Church to address his or her needs…

so in reading that I can assume that if your friend would like to apply for an anullment she may do so without the need to convert

so check with your local church official to get the needed paperwork, this process can take up to a year or more
John