Was my 1st marriage 'valid' or 'null' in the eyes of the church

[amfeh14]

I am Protestant and was married in the Presbyterian Church, and divorced. This was my ex-husband’s second marriage. His first marriage was not in the Catholic Church and it was not annulled. Would our marriage have been ‘valid’ or ‘null’ in the eyes of the Catholic Church? I am asking as my fiancé (whom is Catholic) and I would like to be married in the Catholic Church. I know there are several steps before marriage (talking to the priest, RCIA, marriage classes, etc.) but wanted to get feedback/guidance from this forum on if my first marriage would be valid or null in the eyes of the church. Thank you

 

[edward_george]

I am Protestant and was married in the Presbyterian Church, and divorced. This was my ex-husband’s second marriage. His first marriage was not in the Catholic Church and it was not annulled. Would our marriage have been ‘valid’ or ‘null’ in the eyes of the Catholic Church? I am asking as my fiancé (whom is Catholic) and I would like to be married in the Catholic Church. I know there are several steps before marriage (talking to the priest, RCIA, marriage classes, etc.) but wanted to get feedback/guidance from this forum on if my first marriage would be valid or null in the eyes of the church. Thank you

You should consult the pastor of the parish, who will be better able to assist you here. The situation does depend on a few other variables, such as whether your first husband was baptized at the time of either his first or second marriage, and whether his first spouse was baptized at the time of his first marriage, and whether you were baptized at the time of the second marriage. Given the information here, it’s not possible to say one way or the other, and in any case, the pastor will be your first and best point of contact.

-ACEGC

 

[amfeh14]

Sorry, that was a big detail to leave out. Yes, all parties were baptized prior to the marriages.

 

[edward_george]

I am not a canonist, and my opinion here is subject to correction. You should always consult your pastor on matters such as this.

Two baptized people not bound by form (that is, not bound to marry in the Catholic Church) contract a valid marriage. Therefore, since your ex-husband was previously married to someone who was also presumably baptized, he was not free to marry at the time he married you, and so his marriage to you would be invalid. You should still consult your pastor, as it is possible that a process is still needed to investigate this and declare you free to marry.

-ACEGC

 

[1ke]

This was my ex-husband’s second marriage. His first marriage was not in the Catholic Church and it was not annulled.

The details of that first marriage matter, such as baptismal status of the parties and such.

It may be that you have a case of Ligamen, prior bond, meaning he was not free to marry you. This would be investigated by the tribunal to determine your freedom to marry.

Would our marriage have been ‘valid’ or ‘null’ in the eyes of the Catholic Church?

That depends on too many factors to sift through here. The best course of action is to approach your fiancé’s pastor. What must occur before any marriage is a determination of freedom to marry. The details of whether that is a Ligamen case, a full tribunal case, or something else will very much depend on the details and the available proof.

 

[amfeh14]

Thank you both for your posts! Our next step is to schedule a meeting with the priest.

 

[Horton]

I had a similar situation when I went through RCIA. It was just a matter of providing documentation to the tribunal. Your advocate will let you know what documents are needed.