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- From: jbuffer@magnus.acs.ohio-state.edu (James J Buffer)
- Subject: Re: Marrying a divorcee
- Message-ID: <1992Dec24.012344.6289@magnus.acs.ohio-state.edu>
- Sender: news@magnus.acs.ohio-state.edu
- Nntp-Posting-Host: top.magnus.acs.ohio-state.edu
- Organization: The Ohio State University
- References: <CATHOLIC%92122111205127@AUVM.AMERICAN.EDU>
- Date: Thu, 24 Dec 1992 01:23:44 GMT
- Lines: 33
-
- In article <CATHOLIC%92122111205127@AUVM.AMERICAN.EDU> esler@apollo.hp.com writ
- es:
- >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 the marriage can be shown to have been invalid
- from the beginning because of lack of consent, lack of due discretion, etc.
- >
- > 2. Is also Catholic and whose previous marriage was NOT in the
- > Catholic Church.
- Generally, this is not a problem since the marriage is probably invalid due to
- lack of form. Catholics who have not left the Church by a positive act are
- bound to be married according to the form of the Catholic Church (in the
- presence of a priest or deacon with two witnesss). You'd need to obtain a
- declaration from the Marriage Tribunal that the previous "marriage" was
- invalid.>
-
- > 3. Is non-Catholic and whose previous marriage was in the
- > Catholic Church.
- >
- Probably similar to #1, above.
- > 4. Is non-Catholic and whose previous marriage was NOT in the
- > Catholic Church.
- Depends.
-
- The Church presumes in favor of validity; that is, marriages are presumed to be
- valid unless it can be proven otherwise. This includes marriage of
- non-Catholics.
-