Catholics/Marriage - Lack of Form

Advertisement

Expert: Fr. Timothy Johnson - 3/28/2010


Question
QUESTION: Can a Catholic man who is about to marry for the fourth time (marriage 1 - in the Catholic church to a Catholic woman- wife is deceased; marriage 2 - not in the church to a non-Catholic woman - divorced; marriage 3 - not in the church to a non-Catholic woman - divorced) be married to a non-Catholic woman in a protestant church by an Episcopalian priest and still consider the marriage valid in the Catholic church's eyes? Marriages 2 and 3 are in the process of being properly annulled by the Catholic church, but the process may not be completed in time for the wedding.

ANSWER: Hi, Robert:
Thanks for the question.
In some cases it just seems like mankind can go to the greatest extremes to make life so very complicated... Let me try to shed some light on the situation you describe in a concise manner below:
Marriage 1: Due to death of the spouse, the marriage ended, and the surviving Catholic spouse would be free to contract a marriage in accord with Catholic Church law.
Marriages 2 & 3: Unless the Catholic man did the required marriage prep with a Priest or Marriage Prep Team under the lawful authority of the Catholic Church, and received a dispensation from Canonical Form, and each wife 2 & 3 had received a decree of nullity for their own former marriages, then the marriages are invalid due to Lack of Canonical Form, at the least, without even having to go into the details of a Formal Anullment case now that the Catholic man is longer together with either wife 2 or 3 anymore.
Attempting Marriage 4: Well, it would seem pretty obvious that if the situation with marriages 2 & 3 not being resolved, this man clearly is not striving to follow the Catholic Form of Marriage and does not care about getting married by the lawful Apostolic Authority of the Catholic Church.  It is not valid and sacramental because it is not lawful.
As a closing note, I would only add that if this man truly and sincerely wishes to live an authentic Catholic life, he would take the effort to get the "Lack of Form Decrees" for each of marriages 2 & 3, which is not very difficult really; and he would undertake proper marriage prep for this current marriage in order to be lawfully married by the Authority of the Catholic Church, what we commonly call getting "married in the Church."

Fr. Timothy Johnson

---------- FOLLOW-UP ----------

QUESTION: IF the lack of forms are completed before marriage 4 and he is married by an Episcopal priest, is this marriage invalid in the eyes of the Catholic Church?

Answer
Provided that all that is needed are decrees of "Lack of Form" AND provided he has applied for and received a "Dispensation from Canonical Form" authorizing the Episcopalian priest to witness and receive the vows, only then could the marriage be recognized as sacramental and valid by the Apostolic Authority of the Catholic Church.

Fr. Timothy Johnson

Catholics

All Answers

Answers by Expert:

Ask Experts

Volunteer

Fr. Timothy Johnson

Expertise

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.

©2012 About.com, a part of The New York Times Company. All rights reserved.