Yesterday’s post on marriage questions produced a bunch of important follow-up questions, so here are my replies. Let’s start with a couple sent by e-mail:
Regarding the reader’s question, "If he converts to Catholicism in 5 years, should he leave his "wife" since he is making her an adulterer?", you answer, in part, "If the annulment is granted then their marriage could be convalidated ("blessed") and they would be genuinely married."
I’m wondering, since this case involves two people who were non-Catholics at the time of their wedding, why would their marriage need to be convalidated once her annulment is granted, since, as you explained earlier, it is possible that their marriage is already valid?
Similarly, the reader asks, "If both he and his wife convert to Catholicism, would his wife have to get an annulment for the first marriage and then he and her get remarried in the Catholic Church?" and you answer, "Yes".
Assuming she gets an annulment, why would the couple need to get remarried in the Catholic Church? After her annulment, wouldn’t their marriage be automatically presumed valid?
The reader is quite correct. In answering these two questions I fuzzed out on the fact that if the wife’s annulment is granted then the marriage would NOT need to be convalidated.
The reason is that she would have been free to marry her current husband at the time of the wedding, and so her current marriage would be presumed valid. Thus no convalidation would be necessary.
My apologies for the mental lapse. (I’ve also contacted to the original reader to make sure he knows about this correction.)
In the combox, a reader writes:
What should be the position of a grandmother whose Catholic grandson is
going to marry a Protestant girl in a Protestant ceremony? He says he
doesn’t care about the Catholic thing and has been attending her church
for years.
Based on matters as you present them, the marriage will not be valid, and I could not recommend attending it. The situation could be fixed if one of three things happens: (1) the couple changes its plans and gets married in a Catholic ceremony, (2) the grandson gets a dispensation from his bishop to have a non-Catholic ceremony, or (3) the grandson contacts the bishop and formally defects from the Church, relieving him of the obligation to observe the Catholic form of marriage. These options are in their order of preferability.
Another reader writes:
A friend of mine is getting married. She was baptized Catholic but not raised as such, and has never attended church or received instruction or other sacraments. The groom-to-be is also in this same situation. They are planning a civil ceremony. Is it alright to attend this wedding, praying that when this couple starts a family they might see the need to raise the children in the faith?
The same answer as was given to the case of the grandmother and her grandson applies here, only with both of the parties needing to take the actions indicated.
Also, rumor has it they are getting a special permit from the governor for a special "one day" justice of the peace. The person they are asking to perform the civil ceremony is a practicing Catholic. Is this a problem?
Since the marriage is presumably invalid, I could not recommend that a Catholic officiate at the service. If the situation were changed so that the marriage would be valid (by dispensation or formal defection) then a Catholic could serve as the officiant in good conscience.
Another reader writes:
This is giving me a big "uh-oh" moment, so can someone help me? Situation: While still a Protestant, I married a divorced woman, also a Protestant. I am now in RCIA and was hoping to be confirmed this Easter. My wife is remaining Protestant but supports me in my conversion.
The RCIA questionnaire the pastor gave us asked simply "Are you re-married?" I said no. It did NOT ask if my wife is re-married so I have not told him that fact. The article above makes me think that I am now in an adulterous relationship. Is this correct?
Not necessarily. If your wife’s original marriage was invalid then she was free to marry you and your current marriage is presumed valid and thus non-adulterous.
Will it prevent me from being confirmed?
Not necessarily. Until it is able to examine your wife’s first marriage, the Church has to assume that it was valid and, if you are leading a conjugal life with her, the Church would have to assume that you are in a state that would prevent confirmation. However, if you were living as brother and sister then this would not apply and you could be confirmed.
If it matters, my wife’s first husband was abusive and abandoned her and their child. She believes he is mentally ill. I am now his child’s father, for all practical purposes – he does not pay child support and has not tried to see his son for years. So I would think there are strong grounds for annulment, but she has not requested one.
If the conditions you mention were present at the time she married him, or manifested shortly thereafter, they may signal that the marriage was not valid, meaning that your marriage to her is valid, conjugal relations you have are not adulterous, and an annulment would be possible to obtain.
You have my sympathies for discovering this unexpectedly. I was in a similar situation when my wife was alive and we discovered that the Church did not regard us as married since we had not had a Catholic service (I was not yet Catholic at the time). It sounds to me that you have reason for optimism in your situation, and I would encourage you to trust God to lead you and your wife as you explore what needs to be done.
If you’ll e-mail me your physical address, I’d like to send you a copy of my booklet on annulments to answer some basic questions that you may be having at present.
God bless you!
Another reader writes:
Isn’t INTENT necessary for a marriage to be considered valid? For
example, during a play that has a marriage ceremony no real marriage
takes place because there was no intent to marry.
In order for a sacrament to actually be a sacrament, the INTENT must
be at least "to do what the Church says it does" even if one’s own
knowledge of what the Church says the sacrament is about is limited.
For example, a Catholic can take part in the sacrament of Penance
without really knowing how he is absolved of his sins so long as he
intends for his sins be be absolved. Conversely, if a Catholic during
Penance intends to be forgiven for all sins, save for "that one", the
sacrament is not valid.
Now many, if not most, Protestants do not intend to do what the
Church does when they marry. Many will actually take classes that will
teach them that marriage can be dissolved in X Y Z circumstances, and
most Protestant groups will actively teach that marriage is not a
sacrament. Therefore, at the time of marriage, many Protestants have
not INTENT or WILL or KNOWLEDGE to enter into the sacrament of marriage.
Is it therefore not the case that, while Protestant marriages are
given the favor of the law, most of them are not valid sacramental
marriages anyway?
Intent is necessary for the performance of a sacrament, but the intent that is required is general, not specific. Individuals do not have to intend all of the effects of the sacrament. They don’t even have to have a clear idea of what a sacrament is. As long as they are intending to do what the Church does in a general way then the sacrament will be valid. Thus Protestants can have valid baptisms and marriages without understanding either the effects of the sacraments or that these are sacraments.
They’re still intending to do what Christ wills Christians to do. They may not understand the nature of these realities or their effects, but they understood that Christ wills them, and by willing what Christ wills, they implicitly will the content of his will, even if they have an erroneous understanding of that will. As long as the intent to do what Christ wants is governing their choice then they virtually will the contents of Christ’s will.
If I am a Protestant and I want to be baptized because it is Christ’s will for me then even if I don’t understand what baptism is (a sacrament) or does (regenerate and remit sins) then I will be validly baptized because the controlling factor in my decision is the intent to do what Christ wants. If I am a Baptist who has been taught that baptism is not a sacrament and that it does not regenerate or remit sins, that is mental clutter that is of secondary importance to my intent to do what Christ wants. Such secondary clutter does not invalidate.
The same thing applies to matrimony, mutatis mutandis. If I want to marry a woman who is Christian because this is what Jesus wants me to do (rather than simply setting up house with her) the the fundamental factor involved in my choice is the intent to do what Jesus wants, and thus I implicitly will what Jesus wills. I do not have to have an articulated understanding of what Christian marriage is (a sacrament) or does (impart grace to the spouses to let them live their married lives). I may even have mental clutter to the contrary, but as long as my misconceptions about marriage aren’t more decisive to me than my intent to do what Christ wants, the marriage will be valid.
Another reader writes:
Can. 1148 §1. When he receives baptism in the Catholic Church, a
non-baptized man who has several non-baptized wives at the same time
can retain one of them after the others have been dismissed, if it is
hard for him to remain with the first one.
2 questions regarding this one:
1. Does this mean he can keep his favorite one, even if she is not
necessarily the first one? I’m confused about the meaning of “if it is
hard for him to remain with the first one”.
It’s a little stronger than that. The canon appears to presume that he will chose the first one unless their is a special difficulty with choosing her. This does not preclude one from saying, "Well, my preference for Wife #2 is so strong that I would find it hard to live with Wife #1," but to merely pick one’s favorite wife with no further thought seems foreign to the way the canon is written.
2. Could this apply to those Mormon groups who still practice
polygamy, since the Catholic Church doesn’t recognize the Mormon
baptism as being valid?
Same thing applies. The Mormon groups that practice polygamy (so far as I know) are in the same condition as the LDS church with respect to the invalidity of their baptisms. Thus canon 1148 would apply to men in their number directly.
Another reader writes:
I attended the wedding of my sister-in-law, practicing Catholic, and
her husband, a divorced Protestant. They were wed outside of church by
a Lutheran minister because husband had not sought an annulment. I knew
at the time that their wedding was improper, but I never thought twice
about attending. Is this a sin for which I must confess?
If you never thought twice about attending it then you did not display the degree of deliberation (indeed, you did not deliberate) needed to commit a mortal sin and thus do not need to confess it.
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