Simple, radical validation of invalid marriages

By Msgr. Pedro-Lopez Gallo

Some years ago, both religious and social institutions deplored civil marriage, marriage of divorced persons, and pre-marital sex. Cohabitation was once considered intolerable. All these are overlooked today, even by staunch Christian families.

Remember the liaison of King Edward VIII of Great Britain with the American divorcee Mrs. Wallis Simpson. The public outcry was so great that he was obliged to abdicate the throne in December 1936: only 70 years ago. How much have mores and customs changed in so short a time!

Not long ago, Catholics and Protestants alike blamed their children for not making enough effort to keep their marriages going, and if they divorced, they were prohibited from entering the parents' homes. That is such a contrast with today, when parents condone their children bringing a friend to cohabit with them in the home.

Although there are many obstacles to overcome in validating certain marriages, our compassionate Mother Church tries to remedy this through either simple or radical validation.

Let me first explain about impediments. A diriment impediment invalidates a marriage unless a dispensation is granted by the Church. The term "diriment" refers to an objective circumstance making a person incapable of contracting marriage, for example with anyone who is already married, or with another particular person such as a sibling, because of their consanguinity.

Certain impediments may arise from natural and divine law, while others come from ecclesiastical law. There are some impediments for which a dispensation cannot be granted even by the Pope; some for which the Vatican can grant a dispensation; and others for which local bishops can grant dispensations. When an impediment is terminated, the person is free to marry or to validate a previously invalid marriage.

These circumstances may be better understood by examples.

Louis married Martha in Vancouver's Holy Rosary Cathedral; he was Catholic and she Anglican. When the marriage broke down, they divorced and Martha married Joseph, a Catholic, in the Anglican Church. This second marriage was invalid for two reasons: first, because of the previous bond with Louis, and then because Joseph, a Catholic, had to be married in the Catholic Church.

In time, Joseph regretted his sinful action and wanted to return to good standing with the Church. The impediment of Martha's previous marriage could not be dispensed, even by the Pope. Unless Martha and Joseph stopped living together, Joseph would only be able to return to the sacraments if the Church granted an annulment of the marriage of Louis and Martha, or if Louis died and Martha and Joseph were able to validate their marriage.

Another case: Bruno married a girl not knowing she was his sister. After giving birth to two severely malformed children, the doctors investigated the family history and discovered that Bruno and his wife were siblings: same father, different mothers. Needless to say, the marriage was invalid. Although the couple wanted to remain as husband and wife, no validation was possible.

A third example: Mary married Tom, who kept hidden from her the fact that he was a priest. This impediment could be dispensed by the Vatican.

Invalidity of a marriage can stem from negligence of the priest performing the wedding, for example in cases where delegation is not given to a visiting priest, or if a pastor fails to request dispensation from the bishop for a Catholic to marry someone not baptized or whose baptism was invalid.

Let us now look at the practical side of seeking validation of an invalid marriage. According to Church rules, as already stated, there are two ways: simple validation and radical validation.

Those in a doubtful marriage should go to their pastors and explain the story of their marriage or marriages. If the first spouse has died, all that's required to remarry are the baptism and death certificates.

A pastor will ask a Catholic married outside the Church who wants to validate the marriage for certificates of baptism and civil marriage. He will make a pre-matrimonial inquiry and will ask the couple to contract their marriage anew, professing the Catholic promises of marriage.

This is what Church law requires when at least one party is Catholic: "For a marriage which is invalid because of defect of form [not contracted in the Church but only civilly or in another Protestant church] to become valid, it must be contracted anew according to the canonical form, but if there are grave difficulties in the way of observing it, the local ordinary of the Catholic party has the right to dispense from it" (canons 1160 and 1127 No. 2).

If a Catholic contracts marriage with a non-Catholic of Oriental rite, the canonical form of marriage is to be observed for lawfulness only, but the intervention of a sacred minister is required for validity. In other words, to be valid, a priest must celebrate the marriage.

Those with questions or doubts about the validity of their marriages can request assistance from their pastors.

Msgr. Lopez-Gallo's columns are available in two volumes for $20 each from St. Andrew's Church Supply, 305 W. 8 Ave. in Vancouver, toll-free 1-800-663-7161. Proceeds will go to Hogar de Nazareth Orphanage in Mexico, which he sponsors.