Some Questions about Divorce

Jesus taught, "What God has united, human beings must not divide." (Matthew 19:6) The Catholic Church teaches that Sacramental marriage is an unbreakable union. It does not recognize the validity of civil divorce. The key here is “Sacramental marriage”. This refers to a marital union between two baptized Christians. The following are responses based on normal circumstances in most Dioceses. You must discuss this with your parish priest.

What if a previous marriage was not valid?

There can be many factors that might render a marriage invalid, even if it were celebrated in a Catholic Church. They include among others:

1. Age: the woman must be 15 to enter into matrimony. The man must be 17 to enter into matrimony.
2. Impotency: one of the partners was permanently impotent prior to marriage. (Sterility is not an impediment to marriage.)
3. Previously existing valid marriage.
4. A marriage between a baptized Catholic and one who was not baptized (see below).
5. The man had been ordained a Catholic deacon or priest prior to the marriage. (Permanent deacons can be married before ordination.)
6. A religious profession of the vow of perpetual chastity.
7. One of the parties was abducted to participate in the marriage.
8. Crimes, including murder of a previous spouse.
9. Some blood relationships including: parent-child, brother-sister, first cousins, etc.
10. Other relationships stemming from a valid marriage: mother-in-law and son-in-law, etc.
11. Public honesty: relatives born of an invalid marriage, etc.
12. Adoption: a person cannot marry their adopted child or anyone who issues from that child.

One of the above impediments had an effect on a previous marriage.

It may be possible to receive an annulment from the Catholic Church. This is a formal declaration that the previous marriage was invalid—even if recognized by the Church at the time. For example, the impediment may not have been known at the time. A competent Church authority, such as the Ordinary of your diocese, a diocesan marriage tribunal or the Roman Rota at the Vatican can grant marriage Annulments. Your parish priest would have to apply for them for you.

You should remember that the Church does not grant annulments without serious reasons. In many cases it may be impossible. You cannot buy an annulment, so it is not a case of money. An annulment is always based on serious and provable impediments to a prior marriage.

My fiancée has been baptized in another Church, but is divorced.

The Catholic Church recognizes the validity of the Marriage between two baptized Christians. Similar principles would apply as a marriage between two Roman Catholics.

My fiancée has not been baptized, but is divorced.

In this case it might be possible to arrange for what is called a Pauline Privilege. This means that a non-sacramental marriage could be set aside in favor of one that is Sacramental. Your fiancée would have to become baptized to enter into a sacramental marriage. It is based on the text in 1 Corinthians 7:12-15:

I don’t know of anything else the Lord said about marriage. All I can do is to give you my own advice. If your wife isn’t a follower of the Lord, but is willing to stay with you, don’t divorce her. If your husband isn’t a follower, but is willing to stay with you, don’t divorce him. Your husband or wife who isn’t a follower is made holy by having you as a mate. This also makes your children holy and keeps them from being unclean in God’s sight.

If your husband or wife isn’t a follower of the Lord and decides to divorce you, then you should agree to it. You are no longer bound to that person. After all, God chose you and wants you to live at peace.

It is necessary to apply to the bishop through the priest for a Pauline Privilege.

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