Expert: Edward Bode - 7/3/2007

Question
My brother was asking me recently if someone is married in a non-Catholic Church and then divorces can they get married in the Catholic Church without any need for an annulment ot referance to their previous marriage. He is 18, but was just wondering. Also, I was wondering since the bible says "whoever divorces his wife and marries another commits adultery" then why can we Catholics get an annulment and get married again.

Answer
Catholics, they alone, are required to enter marriage in accord with the rules of the Catholic Church. So, generally seaking, Catholics must get married before an  authorized priest in order to enter a valid marriage.
If the rules of the Church are not followed or if the person did not give full and free consent to marriage, then the Church investigates.  If the marriage was not valid in the first place, then an annulment [statement of no valid marriage had taken place] is given.  Since there was no previous valid marriage, the person is allowed to contract a valid marriage.
If a person baptized in a non-Catholic church has been married and now seeks marriage in the Catholic Church, there are seveal factors that must be determined to discover whether the first marriage was truly a marriage.  Generally speaking, if the marriage was a valid one, then the person is still married and not eligible for another marriage.  I say "generally speaking", since there are some very limited and special cases that might allow a marriage in the Catholic Church.
For more details, I suggest you check The Catechism of the Catholic Church.  It is availble online at: usccb.org/catechism/text/index.htm
check paragraphs 1625 and following.
If you would like more from me, please feel free to write again.
Best wishes,Michael.