Joshua Bennett
The Catholic Church recognises all legal marriages, regardless of whether they took place in a non-Catholic church or outside of a religious context. However, divorce does not exist in Catholic understanding, and a Catholic individual who has been divorced is still considered married in church law. If a Catholic wishes to marry a non-Catholic individual who has been divorced, the non-Catholic's previous marriage must be annulled by the Church. This is a contentious process, as the marriage in question is presumed to be valid, and anything to the contrary must be proven. The Church's stance on inter-religious marriages has historically been one of reluctance, with dispensations only granted to avoid greater evils.
| Characteristics | Values |
|---|---|
| Can a Catholic marry a divorced non-Catholic? | Yes, but the spouse's first marriage must be annulled. |
| What if the divorced non-Catholic has always been non-religious? | An annulment is not needed. |
| What if the divorced non-Catholic is religious (e.g., Jewish, Protestant, Muslim)? | An annulment is not needed. |
| What if the divorced non-Catholic is Orthodox? | An annulment is needed. |
| What if the divorced non-Catholic's first marriage was not sacramental? | It depends on whether the marriage was considered 'natural'. If it was, then it may not be a barrier to a Catholic marriage. |
| What if the divorced non-Catholic's first marriage was outside of the Church? | The marriage is still considered valid, and an annulment is required. |
| Can a Catholic date a divorced person who has not received an annulment? | It is not recommended, as the Church considers a divorced person to still be married. |
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What You'll Learn
A divorced non-Catholic marrying a Catholic without annulment
A divorced non-Catholic cannot marry a Catholic in the Catholic Church without first obtaining an annulment. The Catholic Church views all legal marriages as valid, regardless of where the marriage took place or whether the spouses were Catholic or non-Catholic. Therefore, a divorced non-Catholic who wishes to marry a Catholic must have their previous marriage annulled by the Church.
The annulment process involves a Church tribunal (a Catholic Church court) declaring that the previous marriage fell short of at least one of the essential elements required for a binding union. This means that the marriage is declared null, as if it never happened. The Church requires this declaration of nullity to establish that an essential element was missing in the previous union, thereby preventing it from being a valid marriage. This process can be emotionally difficult, especially if the intended spouse comes from a faith tradition that accepts divorce and remarriage.
To obtain an annulment, the petitioner (the person seeking the annulment) submits written testimony about the marriage and provides a list of people familiar with the marriage who can answer questions about the spouses and their marriage. If the other spouse does not co-sign the petition, the tribunal will contact them, as they have a right to be involved. The tribunal process examines the events leading up to and at the time of the wedding ceremony to determine whether what was required for a valid marriage was present.
It is important to note that a legal divorce or separation does not count as an annulment in the eyes of the Catholic Church. Divorce is a civil process that only impacts one's legal status in civil law. In Church law, a divorced person is still considered married and is not free to remarry in the Catholic Church. Therefore, a divorced non-Catholic must obtain a Catholic annulment before marrying a Catholic, regardless of whether the previous marriage took place outside of the Church or in a non-Catholic church.
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Annulment process and requirements
The Catholic Church views marriage as a lifelong bond, and divorce does not exist in its understanding. Therefore, a divorced person must obtain a declaration of nullity or an annulment before marrying someone else in the Catholic Church. The annulment process involves a tribunal that examines the events leading up to and at the time of the wedding ceremony to determine if something essential was missing at the moment of consent, rendering the marriage invalid from the beginning.
The first step is for one or both spouses to submit a written request for a Declaration of Nullity, along with written testimony about the marriage and a list of people familiar with the marriage. If only one spouse petitions, the other will be notified and given the opportunity to participate. Witnesses should include people who knew the couple before and after their wedding, such as parents, siblings, or other relatives.
The tribunal process can take a few weeks to over a year, depending on the complexity of the case. If the tribunal decides in favour of nullity, the parties are free to marry in the Catholic Church, unless an appeal is lodged or certain underlying issues must be resolved. It's important to note that a civil divorce must be obtained and finalized before initiating the annulment process, as this demonstrates that the civil marriage is definitively broken.
The annulment process is the same for Catholics and non-Catholics. If a Catholic wishes to marry a divorced non-Catholic, the non-Catholic's first marriage must be annulled by the Catholic Church for the new marriage to be recognized within the Catholic faith. This is true regardless of where the first marriage took place, as the Catholic Church recognizes all legal marriages as valid.
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The Church's view on divorce
The Catholic Church does not recognise divorce as it understands marriage to be a lifelong commitment. According to the Gospel of Mark, Jesus says: "Whosoever shall put away his wife, and marry another, committeth adultery against her. And if a woman shall put away her husband, and be married to another, she commits adultery." However, the Church does recognise legal marriages outside of the Church as valid, and allows divorcees to receive Holy Communion.
The Church's first approach to a couple considering divorce is to try to get them to stay together. If a couple is set on divorce, they must go through the civil process of divorce, and then seek an annulment from the Church. An annulment is different from a divorce as it declares a marriage to be null, or invalid from the beginning. The Church presumes all marriages to be valid, so the burden of proof is on the couple to prove nullity. If a couple cooperates in proving nullity, the process is more likely to be granted.
The Catholic Church commonly annuls marriages of non-Catholics so that they can marry a Catholic. However, the Church was reluctant to approve of interfaith marriages, only allowing dispensations to "avoid greater evils". Canon 1125 clarifies that the Catholic spouse must be "prepared to remove dangers of defecting from the Faith".
While the Catholic Church does not recognise divorce, it does allow for separation in grave circumstances like abuse. The Church affirms the importance of supporting couples during marital stress and the difficult period of reconstruction after divorce.
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Inter-religious dating
When it comes to inter-religious dating, the Church has traditionally been cautious. In the past, dispensations for "mixed religion" marriages were granted only in limited circumstances, such as "grave necessity." Canon Law states that the Catholic spouse must be "prepared to remove dangers of defecting from the Faith." This highlights the concern that interfaith couples might struggle to maintain their religious beliefs intact. Statistics also show that children from these marriages are less likely to remain Catholic in adulthood.
However, it is important to note that the Church does allow Catholics to marry non-Catholics under certain conditions. For instance, if a Catholic wishes to marry a divorced non-Catholic, the non-Catholic spouse's previous marriage must be annulled by the Church, regardless of where the marriage took place. This is because the Church recognizes all legal marriages as valid. The annulment process is the same for both Catholics and non-Catholics, and it is required before a valid remarriage can take place within the Church.
While the Church has little to say specifically about dating, it is generally advised that Catholics should not date someone who has been previously married unless their previous marriage has been annulled. This is because, in the eyes of the Church, a civilly divorced person is still considered married until their union is declared null. Dating someone who is presumed to be married can lead to emotional complications and may even be considered a form of adultery. Therefore, it is recommended to discern life choices in light of the Church's principles on marriage.
Despite these considerations, inter-religious dating and marriage are possible within the Catholic Church as long as the necessary requirements are fulfilled. It is important for Catholics to approach these situations with understanding and acceptance, recognizing that divorcees are still spiritual and committed individuals. By providing support and guidance, the Church can help interfaith couples navigate the complexities of their relationships while maintaining their faith.
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The Catholic Church's stance on remarriage
The Catholic Church considers marriage a "covenant by which a man and a woman establish between themselves a partnership of the whole of life". It is a lifelong commitment, and divorce is not recognized in any form by the Catholic Church. However, the Church does allow for annulments, which is the process of determining that a sacramental marriage never occurred and is therefore invalid. This is based on the belief that a valid sacramental marriage is impossible to dissolve, making divorce not an option for such marriages.
The Church's stance on remarriage is that it is only possible after an annulment of the previous marriage. A civil divorce is not enough to dissolve a marriage in the eyes of the Church, and a person who remarries without an annulment is considered to be committing adultery. The annulment process involves a tribunal investigating whether the marriage met the conditions to be considered sacramental. If it is determined that at least one criterion for sacramental marriage was not met, the marriage can be annulled.
The Church's primary concern in these matters is the salvation of the individuals involved. While the Church discourages divorce and remarriage, it does allow for certain exceptions under extraordinary circumstances, such as the Pauline privilege, which allows for the dissolution of a sacramental marriage if it was not consummated or for other weighty reasons.
In the case of a Catholic marrying a divorced non-Catholic, the Church requires that the non-Catholic spouse's previous marriage be annulled before the couple can be married in the Catholic Church. This is true regardless of whether the first marriage took place within the Church or not, as all legal marriages are recognized by the Church. The annulment process is the same for both Catholics and non-Catholics.
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Frequently asked questions
Yes, but the spouse's first marriage must be annulled by a Catholic diocesan tribunal. This is true regardless of where the first marriage took place.
The Church's first approach to a separated couple is to try to get them to stay together. Annulment petitions are not accepted by a tribunal if there is any hope that the parties will reconcile. A finalized divorce is a certain indication to the Church that reconciliation is improbable.
The annulment process is the same whether the individual is Catholic or non-Catholic. The annulment process is contentious in church law, i.e., the marriage in question is presumed to be a valid marriage contract. So anything to the contrary has to be proven.
Yes, but it is advised that divorced Catholics do not start dating unless they are declared free to marry by a Catholic marriage tribunal.
