Validity of Marriage

[Emmaus402]

Can you address what makes a marriage valid in the eyes of the Catholic Church?

e.g. Are 2 divorced people NOT married in the Catholic Church, but in another church in a valid marriage? Same couple at the Justice of the Peace, etc.

How about a fallen away Catholic and an un-baptised person married by a non-denom pastor?

Any help would be great.
TKC!

 

[deaconswife]

The answer to your question lies in canon 1060 which reads Marriage possesses the favor of the law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven. So once a marriage is properly performed the marriage is considered valid until an investigation is conducted. The 1st situation 2 divorced non-Catholics married in another Christian church pops up somewhat frequently when later one party wants to marry a Catholic. It often comes as a surprise to the non-Catholic party that they have to go through the annulment process before they can be married in the Church. Length of time for the process varies from diocese to diocese - in the one I am in it is approximately a year and a half. The second case with the fallen away Catholic married to an unbaptized person by a minister also needs to be investigated if the person wants to be remarried in the Church. This process is usually a little quicker as the Catholic party did not receive a dispensation from form (Catholics are obligated to marry in the Catholic Church unless a dispensation is granted by their Bishop).