Ok, I see what you are saying about being valid and baptized. I’m then confused about what makes a marriage valid. Two baptized non-Catholics get married outside of the Catholic church and the Catholic church considers it valid. As I explained, it can’t be the process and it can’t be the intent. A baptized person in an ultra liberal church can have a valid and sacramental marriage? Can’t be true because then same sex marriages would be valid and sacramental.
The only people who ever worry about validity are Catholics (or those who want to marry them) and the Catholic Church has rules in place to determine when a marriage is valid and it’s applicable to all marriages, regardless of Church/religion/atheism, etc.
First and foremost to be valid it has to be between a man and a woman. Any other combination would automatically be invalid.
If they have a church, their church has to recognize it.
As long as those two requirements are met, the marriage of most non-Catholics would be presumed valid because almost all churches recognize a civil marriage.
The Catholic though, has further rules to obey to have a valid marriage: Canon Law, which says that he/she can only marry another Catholic and only in the Catholic Church. Wait, don’t scream yet.
- For good reason, the pastor can give permission for a mixed-marriage (to a baptized non-Catholic).
- The bishop can give a dispensation for a marriage where there is disparity of cult/worship, IOW, marriage to a non-baptized person.
- The bishop can also grant a dispensation from canonical form to allow the Catholic to marry outside the Church: by a clergy of another faith, by a JP etc.
In addition the valid marriage is one in which both parties come to it freely, are open to children, are expecting it to be for their entire life and to the exclusion of all others. You are in fact asked those questions at the prenuptial investigation and during the wedding ceremony.
It is presumed that those 4 things are present in most marriages which is why they are “presumed” valid.
If the Catholic doesn’t obey Canon Law and marries outside the church without a dispensation his/her marriage is not presumed valid.