Would this marriage be a valid marriage in a Catholic church?

  • Thread starter Thread starter Annabanana
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It does not even need be a condition held by the parties.
Hang on a second. Your example (while correct, presuming that no other relevant factors are present) doesn’t address the notion of a “future condition” being placed on the marriage by a spouse.
 
I suggest you call your local tribunal. Tell a Case Analyst your opinion and then listen closely to an answer based on real experience. 😎
 
What you describe is certainly true. The death of the previous spouse lifts the Ligamen provided that had been the first marriage for each.
 
I suggest you call your local tribunal. Tell a Case Analyst your opinion and then listen closely to an answer based on real experience. 😎
From Foster’s Annulment: The Wedding that Was:
Prior to November 27, 1983 (the effective date of the 1983 Code of Canon Law) a future condition placed on a marriage only invalidated consent if the condition went unfulfilled. For example, Connie and Burt marry in 1970. Connie marries on the condition that Burt will soon inherit a substantial sum of money. If the money is inherited within the first few years of marriage, the marriage is valid. If he does not inherit the money, the marriage is invalid. However, a future condition placed on a marriage after the 1983 Code of Canon Law went into effect would immediately invalidate consent. If Connie married Burt in 1990 under the same condition mentioned above, then the marriage is invalid from the wedding day, regardless of any inheritance.

Michael S. Foster. Annulment, the Wedding That Was: How the Church Can Declare a Marriage Null (Kindle Locations 926-930). Kindle Edition.
Canon 1102 has already been quoted in this thread. The only possible way to assert what you’re attempting to assert is in the case of a couple who married prior to the promulgation of the 1983 Code. For those who marry after that point, future conditions result in invalidity. Perhaps you should double-check with a canon lawyer. Go ahead. I’ll wait… 😉
 
The issue is not with what the Canon states but with proving it to a court. Overcoming the presumption of validity by relying upon this ground is difficult beyond your imaging. If you doubt this, then it’s time you put down your book and make a call to the real world. 😎
 
The issue is not with what the Canon states but with proving it to a court. Overcoming the presumption of validity by relying upon this ground is difficult beyond your imaging.
Testimony. If this is the kind of thing that the person went around telling folks, there are often many who will recall it. And, if the spouse themselves testifies that she said this, then that’s a pretty good indication that it happened. 😉
 
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