Yet Another Marriage Validity Query!

[Jennet]

My apologies if this all gets a little complex!

I have been told that when two single baptised non-Catholics marry civilly, the marriage is usually considered valid by the Church if one of them later decides to join the Catholic faith.

However, my question is, if the couple in question were married having declared that neither of them ever wanted to have children would their marriage still be considered valid?

I should mention that the marriage was consummated, and the spouse who is about to convert to Catholicism would now be open to having children. However, because the other still refuses to consider it, they now live chastely together.

So… Any ideas?! Would the Church deem the original marriage - and the current living arrangement - to be valid?

 

[lizaanne]

This sounds too complex for a simple internet forum question - the Tribunal would need to investigate the situation, and a priest would need to counsel the couple appropriately.

~Liza

 

[dans0622]

… I have been told that when two single baptised non-Catholics marry civilly, the marriage is usually considered valid by the Church if one of them later decides to join the Catholic faith.

However, my question is, if the couple in question were married having declared that neither of them ever wanted to have children would their marriage still be considered valid?

I should mention that the marriage was consummated, and the spouse who is about to convert to Catholicism would now be open to having children. However, because the other still refuses to consider it, they now live chastely together.

… Would the Church deem the original marriage - and the current living arrangement - to be valid?

Hello Jennet,

“A marriage is brought into being by the lawfully manifested consent of persons who are legally capable” (canon 1057.1). So, whenever a couple “lawfully manifest” their consent (meaning they observe the law which binds them, regarding how one gets married), the Church would say their marriage enjoys the favor of law. They can say anything they like about what their intentions were but unless and until a Tribunal declares the marriage invalid, the presumption of validity stands (cf. canon 1060).

Regarding the “validity” of “the current living arrangement”: they should only engage in natural, marital relations. To do so would certainly be morally acceptable. To avoid marital relations is also morally acceptable, if that is what they agree to do. However, each spouse has the right to (natural) marital relations at any reasonable time.

Dan

 

[Jennet]

Thank you! That’s great. Thank you both.