Advice - Family Member's Marriage
#10
(09-29-2019, 03:24 PM)MagisterMusicae Wrote:
(09-29-2019, 08:04 AM)Stalwart Wrote: The question is largely moot now as the decision has been made by the person wondering that they will not attend (as they cannot do so in good conscience), but if anyone has any definitive resources stating that intention must be present before the altar for the marriage to be valid in the eyes of the Church, that would be appreciated.

Canon Law requires that a Catholic is bound to marry in the Church before a Church-authorized witness (e.g. the priest) for the marriage to be valid, not just in the eyes of the Church, but in the eyes of God, and thus in reality. A merely civil marriage of a Catholic is a farce.

The references are from the 1983 Canon Law :

Quote:Can. 1059 Even if only one party is Catholic, the marriage of Catholics is governed not only by divine law but also by canon law, without prejudice to the competence of civil authority concerning the merely civil effects of the same marriage.

...

Can. 1108 §1. Only those marriages are valid which are contracted before the local ordinary, pastor, or a priest or deacon delegated by either of them, who assist, and before two witnesses according to the rules expressed in the following canons and without prejudice to the exceptions mentioned in cann. 144,  1112, §1, 1116, and
1127, §§1-2.

...

Can. 1117 The form prescribed above must be observed if at least one of the parties contracting the marriage was baptized in the Catholic Church or received into it, without prejudice to the provisions of can. 1127 § 2.

Can. 1118 §1. A marriage between Catholics or between a Catholic party and a non-Catholic baptized party is to be celebrated in a parish church. It can be celebrated in another church or oratory with the permission of the local ordinary or pastor.
§2. The local ordinary can permit a marriage to be celebrated in another suitable place.
§3. A marriage between a Catholic party and a non-baptized party can be celebrated in a church or in another suitable place.

Regarding Canon 1059, when it comes to the Catholics, the State has only the ability to give civil effects to the marriage (e.g. a joint tax return, etc.). It has no jurisdiction over the marriage contract except where the Church allows this. That means that when Catholic marries civilly he is entering a State-recognized union of fornication, not marriage.

The Canons used to allow those who had formally left the Church to validly marry outside the Church. Since 2009 that has not be the cases. Once someone has been Baptized in the Catholic Church or received into the Catholic Church he is always a Catholic, and is bound to marry only according to the laws of the Church.

Thanks, MM. Much appreciated.
+ J + M + J +

"In te Domine, speravi."
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Messages In This Thread
Advice - Family Member's Marriage - by Stalwart - 09-23-2019, 04:12 AM
RE: Advice - Family Member's Marriage - by Paul - 09-29-2019, 07:57 PM
RE: Advice - Family Member's Marriage - by Stalwart - 10-02-2019, 11:01 PM



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