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- Path: sparky!uunet!paladin.american.edu!auvm!psuvm!cunyvm!mnhcc
- Organization: City University of New York/ University Computer Center
- Date: Monday, 21 Dec 1992 12:36:48 EST
- From: Marty Helgesen <MNHCC@CUNYVM.BITNET>
- Message-ID: <92356.123648MNHCC@CUNYVM.BITNET>
- Newsgroups: bit.listserv.catholic
- Subject: Re: Marrying a divorcee
- References: <CATHOLIC%92122111205127@AUVM.AMERICAN.EDU>
- Lines: 65
-
- In article <CATHOLIC%92122111205127@AUVM.AMERICAN.EDU>, esler@APOLLO.HP.COM
- says:
- >
- >I have some questions about canon law as it applies to the situation
- >of a Catholic who wishes to marry a divorcee. Can anyone tell me what
- >the Church law is regarding to the following situations:
- >
- >A (never married) Catholic seeks to marry a divorcee who:
- >
- > 1. Is also Catholic and whose previous marriage was in the
- > Catholic Church.
- >
- Marriage is not possible unless there was an invalidating impediment
- at the time of the "first marriage" which is grounds for an annulment.
-
- > 2. Is also Catholic and whose previous marriage was NOT in the
- > Catholic Church.
- >
- A Catholic must marry in a Catholic ceremony unless a dispensation
- is granted permitting marriage in a non-Catholic ceremony. (There
- also is at least one automatic "dispensation" in canon law, but it
- normally would apply only to mission territories or areas undergoing
- severe persecution when a Catholic ceremony is not possible.)
- Therefore, unless she had received a dispensation for a non-Catholic
- ceremony she was married in the eyes of the state, but not in the
- eyes of God and the Church. Some paperwork to document the invalidity
- of the putative marriage may be necessary, but if so it should be a
- lot simpler than getting an annulment.
-
- > 3. Is non-Catholic and whose previous marriage was in the
- > Catholic Church.
- >
- Same answer as to 1.
-
- > 4. Is non-Catholic and whose previous marriage was NOT in the
- > Catholic Church.
- >
- Only Catholics are bound by the canon law requirement that marriages
- be solemnized in a Catholic ceremony. Therefore, marriages between
- two non-Catholics are valid marriages. If both are baptized non-Catholics
- the marriage is also a sacrament, just as a Catholic marriage is. The
- ministers of the sacrament of matrimony are the man and the women, who
- administer it to each other when they exchange their vows. The priest
- is present only as the Church's official witness. If she married a
- Catholic in a non-Catholic ceremony, the answer would be the same as
- to 2. If she married a non-Catholic the answer would be the same
- as to 1. If it was not a Christian marriage, it was a (presumably)
- valid natural marriage, but not sacramental. Natural marriages are
- normally as binding as sacramental marriages, but if she was not
- baptized and later was baptized the Pauline Privilege may permit
- marriage.
-
- Canon law can be as intricate as civil law and, as in civil law, a
- lot depends on details that may seem irrelevant to the layman. If
- this is not a hypothetical question but a real question affecting
- you or someone you know, the people involved should discuss it with
- a priest. He has the necessary training in canon law for a preliminary
- evaluation, and, if necessary can refer them to a canon lawyer.
- -------
-
- Marty Helgesen
- Bitnet: mnhcc@cunyvm Internet: mnhcc@cunyvm.cuny.edu
-
- "Experience beats in vain upon a congenital progressive."
- -- C. S. Lewis
-