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.