Catholics/Valid/invalid marriage

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Expert: Fr. Timothy Johnson - 7/20/2009


Question
Hi Fr. Timothy:
I have asked another expert the same questions, but I would like to see what you would say.  

If a Catholic is married to a non Catholic in a civil ceremony.  Convalidation or radical sanation would not work (due to the non Catholic's strong objection)!  Due to various reasons,  the couple haven't had sexual relations for a very long time (but remain faithful to each other) and they intend to keep the relation as is.  And they have no children.  

Would the Catholic Church consider this an invalid marriage? (In other words, would the Church consider them living together as roommates, rather than in sin)? Would the Catholic be allowed to receive Communion?

Thanks Father.

Answer
Hi, K...
Thanks for the question.
The marriage is currently invalid and non-sacramental, as the Catholic who is bound by Canonical Form did not observe it.
I can see no reason why the Catholic could not pursue a Radical Sanation, which is a favor of jurisdiction granted by the Authority of the Church for the Catholic, to validate the marriage back to the time of the original consent that was given for the civil marriage, as long as the consent itself followed a valid form in terms of natural law concerning the nature of marriage, and has perdured to the present time.
The non-Catholic party is not required to be notified that a sanation has been granted; in fact, I know of cases where sanations have been granted for two Catholics who were not lawfully married, due to lack of jurisdiction, in some sort of schismatic, so-called traditional churches (that cannot even be traditional really, when they deny the Authority of the Pope), and they are not even necessarily told this expressly.
So in the case you describe, the right, moral, and Catholic thing to do would be for the Catholic to act to get the Radical Sanation, and get on with life as a full-fledged, practicing Catholic in good standing.
This is not merely my personal opinion - this is all supported by the official teaching and discipline of the Catholic Church, and laid out in detail in the 1983 Code of Canon Law.

Fr. Timothy Johnson

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Fr. Timothy Johnson

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A Traditional Catholic Priest, validly and licitly ordained, incardinated legally and canonically in the Diocese of Fargo, and in good-standing with my Local Ordinary (Bishop) on active assignment at a rural Tri-Parish. I can provide honest and balanced answers to questions on topics pertaining to Traditional Roman Catholicism of the Latin Church (Councils of Trent and Vatican II)and a lot about the Eastern Catholic Churches, including the Sacred Liturgy, Sacred Scripture, Church History, the use of the Latin language, the tradition of Sacred Music, and current events in the Catholic Church from a traditional, historical and balanced perspective.

Experience

I have been ordained a Roman Catholic Priest since June 2001.

Organizations
Knights of Columbus; Church Music Association of America (CMAA)

Education/Credentials
Ordained Priest, 02 JUN 2001; Ordained Deacon, 27 JAN 2001; MA - Dogmatic/Systematic Theology; MDiv - Professional Degree from Seminary; 2-Years formation with Canons Regular of Premontre including studies and experience in Sacred Liturgy, Chant, Latin, Sacraments, Spirituality. BA - Scholastic/Thomistic Philosophy; BA - Liberal Arts; AA - General Studies.

Past/Present Clients
I serve 3-small, rural Parish Communities in Easter North Dakota
I converted to the Roman Catholic Church in 1981, at the age of 15. Over the years I have done work as an organist, cantor, and choir director for the Latin Rite (English & Latin) Mass (Liturgy of the Eucharist), and even for the Hours of the Divine Office. I have worked as a cantor for a Melkite Byzantine Catholic Church. Presently my pastoral and administrative duties as a Catholic Priest do not allow me as much time as I used to have to devote to Sacred Music; but for my weekend Masses and Solemnities within my Tri-Parish, I offer High Sung Mass in English. Weekday Mass is typically Low Mass (recited Mass) in English, though on occasion I will offer the "Tridentine Mass" in Latin, which I usually offer on my "Day Off", as well. And now, in light of the "Motu Proprio" by his Holiness, Pope Benedict XVI placing the extraordinary usage of the Roman Rite back into the mainstream of the Catholic Church, I have been offering a regularly scheduled SUN, 2:00 PM Tridentine Latin Mass with a community of the faithful that has a stable existence.

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