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Monica wrote:

Hi, guys —

I have a question regarding annulments and remarriage. My boyfriend was married for a little under two years and has been divorced. I have read that it was not a valid marriage in the eyes of the Church because:

  1. Neither of them were baptized, and
  2. They didn't get married in any church . . . just a court house

It is my understanding that the Church does recognize the validity of married couples when it is recognized by another church. I'm not sure if that applies to this case since they didn't attend church and were married by a civil judge.

  • Does he need to get an annulment in order for us to get married in the Church?

I just want to add that neither he, nor I, take this past mistake lightly and are not rushing into anything. I only want to be thinking of and preparing for the future.

Thank you so much for your time!

Monica
  { We just wish to appropriately prepare for our future marriage so does he need an annulment? }

Mary Ann replied:

Monica —

If your boyfriend was Catholic, the first union is presumably not valid, but the Church would take a look at it.

If your boyfriend was non-Catholic, the union would presumably be valid, unless invalid on other grounds:

  • immature lack of consent
  • lack of understanding
  • pressure, etc.

If he is Catholic, it is always best to seek the declaration of nullity early, before one is in a hurry to marry. The person to see is his Catholic pastor.

Mary Ann

Monica replied:

Hi, Mary Ann —

So it would be considered a valid marriage even though neither him, nor his ex-wife, were baptized in any church at all.

  • He would still need to get an annulment?

It seemed to me when I read the Catechism that the marriage wouldn't be recognized by the Church if they were not recognized as married in another faith/church.

Thank you!

Monica

Mary Ann replied:

Hi, Monica —

Since he wasn't baptized, it was a valid, natural, non-sacramental marriage, presuming they had freedom, the understanding of what marriage is, etc. (and that there were no other grounds for invalidity).

Catholics are bound to marry according to Catholic form (because they are baptized into the Body of Christ, they are to marry as members of the Body to receive the Sacrament).

So his marriage can be looked at to see if there are other grounds, but since he was not Catholic, he didn't need to be married in the Church.

There is another aspect, however. If your boyfriend has become or is becoming Catholic, Scripture says that the converting partner can become free to marry in the Lord, if the non-Christian partner does not want to convert or to stay with the converting partner.

It's called the Pauline Privilege.

Mary Ann
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