What is the status of Orthodox remarriages in the Catholic Church's eyes?

[DL82]

As I understand it, the Orthodox Church permits divorced people to have second marriages in rare circumstances, but regards the re-married person as having been granted a dispensation to be married twice, as long as their divorced first spouse remains alive, they effectively have two spouses. Is this a correct understanding?

As Orthodox sacraments are considered valid by the Catholic Church, what is the status of someone who is remarried in an Orthodox Church according to Catholicism? Is the marriage valid, valid but illicit, invalid, something else?

Does it make a difference whether you look at a moral issue like this from Eastern or Western Catholic perspectives? What is the teaching and practice of the Eastern Catholic Church on remarriage - the same as Rome or the same as the Orthodox?

 

[wynd]

As I understand it, the Orthodox Church permits divorced people to have second marriages in rare circumstances, but regards the re-married person as having been granted a dispensation to be married twice, as long as their divorced first spouse remains alive, they effectively have two spouses. Is this a correct understanding?

I’ve never heard this. Granted, I haven’t done much reading on the Orthodox theology of marriage.

 

[Modelsim]

As I understand it, the Orthodox Church permits divorced people to have second marriages in rare circumstances, but regards the re-married person as having been granted a dispensation to be married twice, as long as their divorced first spouse remains alive, they effectively have two spouses. Is this a correct understanding?

As Orthodox sacraments are considered valid by the Catholic Church, what is the status of someone who is remarried in an Orthodox Church according to Catholicism? Is the marriage valid, valid but illicit, invalid, something else?

Does it make a difference whether you look at a moral issue like this from Eastern or Western Catholic perspectives? What is the teaching and practice of the Eastern Catholic Church on remarriage - the same as Rome or the same as the Orthodox?

Just for clarification, there is another rite of marriage for Orthodox who have been divorced. I’m not sure the answer to your question, but I’ve been told that the Orthodox do not “permit” second marriages for divorced people but instead “tolerates” them.

 

[Friar_David_O.Carm]

Just for clarification, there is another rite of marriage for Orthodox who have been divorced. I’m not sure the answer to your question, but I’ve been told that the Orthodox do not “permit” second marriages for divorced people but instead “tolerates” them.

I also believe it is not viewed as sacramental.

 

[5Loaves]

What is the teaching and practice of the Eastern Catholic Church on remarriage - the same as Rome or the same as the Orthodox?

The practice would be that any marriage is considered valid until proven otherwise. So in the absence of a decree of nullity the so called remarriage would not be recognized.

CCEO Canon 802 1. A person who is held to a bond of a prior marriage invalidly attempts marriage. 2. Even if the first marriage is invalid or dissolved for any reason, it is not licit to celebrate another marriage before the invalidity or dissolution of the first is legitimately and certainly established.

The CCEO code often mentions that something is " governed by the particular law of each Church sui iuris." that is any additional canon law of a specific Eastern/Oriental Church.

I sent my canon law teacher, a lawyer with our tribunal, a question: How is “the invalidity or dissolution of the first is legitimately and certainly established” for Eastern Catholics? Do all Eparchies have their own tribunal? etc…

He responded:

It all depends.

Sincerely,

No, just kidding, but yes, it all depends… The “legitimately and certainly established” in CCEO 802.1 refers to any tribunal that can legitimately accept the case. Not all eparchies have their own tribunal. For those that do not have one (which is the majority), the Eparch normally delegates the competence to the Latin (or other) Rite Diocese that is asking for the delegation. Thus, the term “legitimately” means that it was done by a tribunal that was competent to hear the case, and “certainly” means that 1: if it was a simple “lack of form” case it was executed properly or 2: if it was a “formal case” it was ratified by a court of second instance and executed properly.

We do many cases involving Eastern Rite Catholics here and have rarely run into problems regarding gaining competency to hear the cases.

For those Eparchies which do have their own tribunal, and here Father says that most do not, it would be interesting to know if the practice and therefor the teaching as well is any different.

As to Orthodox teaching and practice on divorce and remarriage I have understood from my reading and from discussions that remarriage is possible in some circumstances, in the Catholic understanding reflected in canon law there is only one marriage, never a remarraige, and that there is very considerable variation as to when or if that remarraige is granted. Isn’t there also at least sometimes some penance imposed on the persons of the second marriage?

I’d say what constitutes economia varies and influences this in both the East and the West.

 

[Vico]

…

As Orthodox sacraments are considered valid by the Catholic Church, what is the status of someone who is remarried in an Orthodox Church according to Catholicism? Is the marriage valid, valid but illicit, invalid, something else?
…
What is the teaching and practice of the Eastern Catholic Church on remarriage - the same as Rome or the same as the Orthodox?

Catholic teaching: a valid and consummated marriage between two baptised faithful, cannot be disolved, but it could be found defective and be declared null. If an Orthodox had been married before, was divorced, and declared free to marry again by the Orthodox Church, the Catholic pastor cannot permit a marriage to a Catholic unless the tribunal makes a determination that it is null. If the Catholic Church determined that the Orthodox marriage was null from the start, then the person would be free to marry. Non-Catholics are bound to the form of marriage recognized by their Church.

Eastern Catholic teaching is the same as Latin Catholic on remarriage. It is possible to dissolve marriages where one or both are not baptised.

 

[JohnVIII]

As I understand it, the Orthodox Church permits divorced people to have second marriages in rare circumstances, but regards the re-married person as having been granted a dispensation to be married twice, as long as their divorced first spouse remains alive, they effectively have two spouses. Is this a correct understanding?

• I think it’s not as “rare” as you might think* Orthodox do not teach that you “effectively have two spouses”, a Church Divorce ends the marriage, the marriage is dissolved. However I personally never believed in the dissolvability of marriage when I was Orthodox and yet I did believe in a second marriage. The idea that essentially such a person has two marriages at the same time under the condition that it is unlawful to have relations with the first is an idea I personally like better, but it is not Orthodox teaching.

 

[MrsMW]

The Orthodox do not just give you a marriage pass to get remarried. The priest gets a history of the first marriage and the divorce.The priest has to be satisfied that the second marriage will be for the salvation of the person. The bishop is then contacted and he decides if the person can remarry. It isn’t some easy process. The tribunal is a very western idea. Not that it is bad but it is western.

If you still have doubts please read the service for a second marriage. Very pentitential.

I read this response to my best friend who is the wife of an Orthodox priest.