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Richard Sell wrote:

Hi, guys —

  • Can the marriage of two Catholics within the Church be a valid Catholic marriage and an invalid civil marriage for:

    • property, real and personal
    • income that depends on not being married, and
    • any legal recourse in civil court?

Thank-you,

Richard

  { Can a valid Catholic marriage be an invalid civil marriage due to property, income, and any legal recourse in civil court? }

Mary Ann replied:

Dear Richard,

In the US, the Church requires that the civil forms be complied with, and in my state, Texas, forms must be filled out at the time of the ceremony. The state recognizes the religious ceremony, but the paperwork must be signed and witnessed. I doubt if you could get a priest to do a ceremony without the civil requirements being met — although there is some provision in Canon Law for secret things, if there is a very serious reason.

If the religiously — not civilly married — people, should that happen, live together and present themselves as man and wife, then I think they would at the least be considered by the state to be married in Common Law, with whatever rights that entails.

Finally, I am sure that the state would, in any dispute, recognize a valid religious ceremony, unless there is a civil marriage already, by one of the partners that would require a civil annulment or divorce in order for there to be a valid second civil marriage. The religious marriage authorities might not recognize the first civil marriage, and hence not require a canonical annulment.

Mary Ann Parks

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