Valid vs. invalid marriage

[1ke]

Husband and I are having our marriage convalidated today and have waited approximately 10 days from the time it was mentioned that we had to do this. No marriage preparation was required as we have been civilly married for nearly 35 years. I am coming into the Catholic Church, he is not, although we are both baptized, so we will have a sacramental marriage.

Why would you have to convalidate your marriage?

 

[bzkoss236]

Why would you have to convalidate your marriage?

Because she indicated that she is becoming Catholic. She will no longer be a non-Catholic married civilly, but a Catholic married civilly, which, as I understand it, can’t be. And, from what I’ve heard, the convalidation ceremony is like a mini-church-wedding ceremony with the couple and witnesses (I think) along with a Priest to bless the marriage so they will then be married in the Church.

 

[DittosMommy]

Thank you all for the great feed back!. I appreciate the explanation regarding valid v. invalid marriages. It is now beginning to make sense to me.

Perhaps I did not provide enough information.
I am not now Catholic. I will begin RCIA this September. In the mean time, I am in the process of seeking a declaration of nullity for my prior marriage. My case has been accepted by my local diocese.
My ex-husband is not, not ever was, Catholic, although he and I both were baptized Southern Baptist.
My present husband is not, nor ever was, Catholic, He has never been baptized in any religion (please join me in prayer about this, as I pray daily for his salvation). Our marriage is his first and only marriage.

From what I can tell by the posts, once I BECOME Catholic (after I am confirmed), then my marriage becomes invalid due to lack of canonical form, thus necessitating the convalidation. That is fine, and my husband and I are both willing to do that. I just question the accuracy of the six month wait. Currently, all my contact is with my deacon, as he is my case assistant. I guess I will have to wait until I am able to consult with our pastor to see if he can make the decision to move ahead with convalidation without the wait. Since our wedding anniversary is two and half weeks after Easter next year, it would be nice if we could do our convalidation on our 20th wedding anniversary. I do realize that all this depends on the tribunal’s decision regarding the status of my prior marriage.

 

[SuscipeMeDomine]

Because she indicated that she is becoming Catholic. She will no longer be a non-Catholic married civilly, but a Catholic married civilly, which, as I understand it, can’t be.

The problem is not that she is becoming Catholic, the problem is that she is in an invalid marriage (due to a prior marriage). If her marriage was valid then she wouldn’t have to do anything when she became Catholic, it would still be valid. Since it’s invalid, she needs to take the steps necessary to make it a valid marriage before she is received into the Church.

 

[TheWarriorMonk]

From what I can tell by the posts, once I BECOME Catholic (after I am confirmed), then my marriage becomes invalid due to lack of canonical form, thus necessitating the convalidation.

Herein might lie the problem.

If your annulment is granted prior to your conversion, your current marriage is considered valid (assuming no diriment impediments, notably no prior marriage of your husband). No convalidation is necessary.

I have no idea what happens if you convert prior to annulment; 1ke can probably answer that. It would make sense to me that if you received your annulment after conversion, the second marriage would still be valid since consent was given prior to you being Catholic…but don’t rely on my opinion on this matter.

I guess I will have to wait until I am able to consult with our pastor to see if he can make the decision to move ahead with convalidation without the wait.

Assuming you did need a convalidation, it’s not something the Church will move ahead on…period. That’s because until you receive and annulment for your first marriage, your first marriage is presumed valid. The Church will not move ahead on a second marriage when the first marriage is assume valid. It should also be noted that an annulment is not guaranteed.

 

[JackieMom]

Because she indicated that she is becoming Catholic. She will no longer be a non-Catholic married civilly, but a Catholic married civilly, which, as I understand it, can’t be. And, from what I’ve heard, the convalidation ceremony is like a mini-church-wedding ceremony with the couple and witnesses (I think) along with a Priest to bless the marriage so they will then be married in the Church.

This will not be necessary. Her marriage was valid at the time it was conducted, and will continue to be. Her marriage will not suddenly become invalid if and when she converts.

 

[DittosMommy]

I do understand that all this depends on the tribunal’s decision. In fact, I cannot be confirmed unless I receive a declaration of nullity for my first marriage because I have remarried and that marriage would not be valid unless the first marriage is found to be null.

So once I am confirmed, then I must be married in Catholic form (have my marriage convalidated) or else my marriage is invalid.

This is the way I understand what I have read here and in other posts and articles.

 

[1ke]

Because she indicated that she is becoming Catholic. She will no longer be a non-Catholic married civilly, but a Catholic married civilly, which, as I understand it, can’t be. And, from what I’ve heard, the convalidation ceremony is like a mini-church-wedding ceremony with the couple and witnesses (I think) along with a Priest to bless the marriage so they will then be married in the Church.

NO this is not correct.

Non-Catholics marry validly. When a non-Catholic in a valid marriage becomes a Catholic there is no convalidation, as the marriage is already valid.

 

[1ke]

From what I can tell by the posts, once I BECOME Catholic (after I am confirmed), then my marriage becomes invalid due to lack of canonical form, thus necessitating the convalidation.

This is not correct. First, your marriage situation must be resolved before you enter the Church. You were correct in the first place-- if your first marriage is declared invalid, your second one is valid.

That is fine, and my husband and I are both willing to do that. I just question the accuracy of the six month wait. Currently, all my contact is with my deacon, as he is my case assistant. I guess I will have to wait until I am able to consult with our pastor to see if he can make the decision to move ahead with convalidation without the wait. Since our wedding anniversary is two and half weeks after Easter next year, it would be nice if we could do our convalidation on our 20th wedding anniversary. I do realize that all this depends on the tribunal’s decision regarding the status of my prior marriage.

You should really talk to the vicar general.

 

[1ke]

I do understand that all this depends on the tribunal’s decision. In fact, I cannot be confirmed unless I receive a declaration of nullity for my first marriage because I have remarried and that marriage would not be valid unless the first marriage is found to be null.

Right, and when your first marriage is found invalid your current marriage IS valid. NO convalidation.

So once I am confirmed, then I must be married in Catholic form (have my marriage convalidated) or else my marriage is invalid.

No, that is what we are trying to tell you-- this is not correct.

 

[JackieMom]

You will NOT need a convalidation, a “blessing”, or any other ceremony if your first marriage is nullified. Your current marriage will be valid.

 

[HoosMommie]

Because she indicated that she is becoming Catholic. She will no longer be a non-Catholic married civilly, but a Catholic married civilly, which, as I understand it, can’t be. And, from what I’ve heard, the convalidation ceremony is like a mini-church-wedding ceremony with the couple and witnesses (I think) along with a Priest to bless the marriage so they will then be married in the Church.

It was actually a complete Catholic wedding without the Liturgy of the Eucharist. It was the two of us, our two witnesses, and Father, who read the whole Liturgy of the Word and gave a short but very sweet homily. Then we stood before the altar and said our vows. It was so wonderful.

 

[1ke]

It was actually a complete Catholic wedding without the Liturgy of the Eucharist. It was the two of us, our two witnesses, and Father, who read the whole Liturgy of the Word and gave a short but very sweet homily. Then we stood before the altar and said our vows. It was so wonderful.

Yes, but the question remains, why was this done?

Two non-Catholics who marry each other marry validly. They do NOT convalidate their marriage if either one or both enter the Catholic Church. A valid marriage cannot be convalidated.

Were either you or your spouse baptized as a Catholic when you married each other civilly?

 

[thomasf]

If she wasn’t catholic when married the first time, and her ex husband wasn’t catholic, then how can the church rule on the validity of that marriage? I thought the church looked upon civil marriages for non-catholics as valid.

 

[JackieMom]

If she wasn’t catholic when married the first time, and her ex husband wasn’t catholic, then how can the church rule on the validity of that marriage? I thought the church looked upon civil marriages for non-catholics as valid.

Civil marriages for non-Catholics are considered valid. Therefore, a civil divorce does not dissolve the validity of that marriage. Right now, from the Church’s point of view, the OP is still validly married to her first husband. This is an impediment to her being confirmed.

 

[thomasf]

Civil marriages for non-Catholics are considered valid. Therefore, a civil divorce does not dissolve the validity of that marriage. Right now, from the Church’s point of view, the OP is still validly married to her first husband. This is an impediment to her being confirmed.

Thank you. Would the grounds for in-validity be the same as with a catholic marriage?

 

[1ke]

Thank you. Would the grounds for in-validity be the same as with a catholic marriage?

Yes, with the exception of those items that pertain only to Catholics-- i.e. Catholic form of marriage.

 

[DittosMommy]

I spoke with my parish priest and he told me that provided I receive a declaration of nullity, my current marriage will have to be convalidated once I am confirmed. The reason being is that my husband has never been baptized. We will also need to get permission from the bishop due to disparity of cult. My marriage will not be a sacramental marriage until such a time as my husband accepts Christ and is baptized. Thanks to everyone for their answers and I would ask for your prayers as I continue my journey to join the Catholic faith and prayers for my husband’s conversion. May God bless you.

 

[TheWarriorMonk]

I spoke with my parish priest and he told me that provided I receive a declaration of nullity, my current marriage will have to be convalidated once I am confirmed. The reason being is that my husband has never been baptized. We will also need to get permission from the bishop due to disparity of cult.

This is not correct given the information provided. You are not Catholic, and if your first marriage is found to be invalid, your second marriage is automatically valid. In this case, you cannot have the second marriage convalidated, because it would already be valid. The fact that your husband is not baptized does not invalidate the marriage, it simply means it is “natural,” not “sacramental.”

Please see Post #5 in this thread.

 

[LilyM]

This is not correct given the information provided. You are not Catholic, and if your first marriage is found to be invalid, your second marriage is automatically valid. In this case, you cannot have the second marriage convalidated, because it would already be valid. The fact that your husband is not baptized does not invalidate the marriage, it simply means it is “natural,” not “sacramental.”

Please see Post #5 in this thread.

Hmm. This is interesting to me as someone who isn’t a canon lawyer, just the regular kind.

My understanding is that a Catholic could not validly enter into a second marriage whilst a putative first marriage existed. They would be required to wait until a decree of nullity was obtained and only then could they validly enter into a second marriage. Is this correct?

If so, then could a non-Catholic validly marry a second time while they had a putative first marriage ongoing? Might they not also be considered not validly married to their second spouse if they attempted the second marriage prior to the question of the validity of the first marriage being resolved in the negative?