Valid/Invalid Marriage Question

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This is not quite accurate. It is only a current practice to require a civil divorce, but this rule could be overturned and even reversed if desirable. A quick, good reason as to why the current general rule exists can be found here. The canon lawyer referenced remarks that the rule is lamentable. I agree.
Of course the church could change it. She should.
 
No it doesn’t mean that at all. They operated in the understanding it was valid. It was a natural marriage but not a sacramental marriage.
This was what I thought would be the case. I just don’t understand how being in a non sacramental marriage can be anything but mortal sin. As a civilly divorced catholic with no annulment, I can go out today and enter into a non sacramental marriage and it is my understanding I would be committing mortal sin.

As far as your next comment, about the requirement of knowing you are committing a sin, I’m sure there are plenty of people who are married that are certain their marriage is flawed to a point of being invalid. It is my understanding that the tribunals only take their best shot at determining whether it is valid or not. The people in the marriage are the ones that know for certain. Tribunals basically only opine on the validity, based on evidence given to them. Their opinion then becomes fact (in regards to the Church)
My question is, for those who know their marriage is invalid (maybe their spouse basically told them information about their state of mind at marriage time.) For those people, are they in sin by staying in such a marriage? I know anyone could change at any time, but they also could die at any time too, which would not allow the proper conversion to take place.
 
No it doesn’t mean that at all. They operated in the understanding it was valid. It was a natural marriage but not a sacramental marriage.
Hello,

How did you come to this conclusion? In other words, how do you define “natural” and “sacramental” marriage?

Dan
 
Hello,

How did you come to this conclusion? In other words, how do you define “natural” and “sacramental” marriage?

Dan
A sacramental marriage occurs between 2 baptized people with full knowledge and consent.

Otherwise it is still a marriage but not sacramental. A natural marriage.

The church recognizes all marriages everywhere and presumes their validity. Rightly so.
 
This was what I thought would be the case. I just don’t understand how being in a non sacramental marriage can be anything but mortal sin. As a civilly divorced catholic with no annulment, I can go out today and enter into a non sacramental marriage and it is my understanding I would be committing mortal sin.

As far as your next comment, about the requirement of knowing you are committing a sin, I’m sure there are plenty of people who are married that are certain their marriage is flawed to a point of being invalid. It is my understanding that the tribunals only take their best shot at determining whether it is valid or not. The people in the marriage are the ones that know for certain. Tribunals basically only opine on the validity, based on evidence given to them. Their opinion then becomes fact (in regards to the Church)
My question is, for those who know their marriage is invalid (maybe their spouse basically told them information about their state of mind at marriage time.) For those people, are they in sin by staying in such a marriage? I know anyone could change at any time, but they also could die at any time too, which would not allow the proper conversion to take place.
The issue is first marriages verses second marriage in this.

All first marriages are presumed valid and even if there was a “problem” of consent or knowledge it is still a marriage.

A second marriage can never be a marriage. So the same presumption does not apply. That is why when one gets an annulment it says that one was never sacramentally married to begin with and can therefore contract a first marriage.
 
A sacramental marriage occurs between 2 baptized people with full knowledge and consent.

Otherwise it is still a marriage but not sacramental. A natural marriage.

The church recognizes all marriages everywhere and presumes their validity. Rightly so.
The church does not recognize all marriages. Ssm and polygamist ones are two examples.
 
… My question is, for those who know their marriage is invalid (maybe their spouse basically told them information about their state of mind at marriage time.) For those people, are they in sin by staying in such a marriage? I know anyone could change at any time, but they also could die at any time too, which would not allow the proper conversion to take place.
Hello,

It seems that such a person would only “know” as much as the person revealed and wouldn’t necessarily “know” the marriage is invalid.

Whenever people enter into a contract that is recognized by the law of the Church, I don’t see how it can be said that a Party would be “in sin” for abiding by the terms of that contract. What the other Party says or does, after the fact, is irrelevant.

Dan
 
A sacramental marriage occurs between 2 baptized people with full knowledge and consent.

Otherwise it is still a marriage but not sacramental. A natural marriage. …
“Otherwise” referring only to the baptismal status of the Parties or…do you mean “otherwise” includes two baptized people who marry *without *“full knowledge and consent” and so this, too, would be a “natural marriage”?

Dan
 
“Otherwise” referring only to the baptismal status of the Parties or…do you mean “otherwise” includes two baptized people who marry *without *“full knowledge and consent” and so this, too, would be a “natural marriage”?

Dan
It would be presumed sacramental if the two parties are baptized. If they aren’t baptized it would be a “natural marriage”
 
It would be presumed sacramental if the two parties are baptized. If they aren’t baptized it would be a “natural marriage”
Ok. … I guess I am not sure what the distinction between “sacramental” and “natural” marriage has to do with the situation presented in the OP. Maybe I missed something.

Dan
 
No it doesn’t mean that at all. They operated in the understanding it was valid. It was a natural marriage but not a sacramental marriage.
I think the word you’re looking for is “putative”. Nothing in either scenarios described by the OP leads us to believe that one party is not baptized, a requirement for a natural marriage.

If the marriage would have been declared invalid by a Tribunal but they believed it to be valid it was a putative marriage.

An invalid marriage can neither be natural, nor sacramental, since it doesn’t exist.
 
This is something I’ve wondered for a long time.
I’ll use a hypothetical, which is very common, to pose my question.
2 people get married in the Catholic Church. They then get a civil divorce. One party then petitions for an annulment, or nullity, and it is granted. This nullity states that the first marriage was never valid, and thus the 2 people were never considered married according to the church. Both parties are now free to marry in the Catholic Church.

Okay, let’s say the couple never gets divorced.
An annulment can never be granted until a civil divorce is first granted.
 
An annulment can never be granted until a civil divorce is first granted.
We know. In the OP’s 2nd scenario the couple in the invalid marriage doesn’t divorce and never seeks a decree of nullity.
 
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