By Jenna Marie Cooper
OSV News Question Corner
Q: A divorced Catholic friend of mine who received a Church annulment recently got engaged to another divorced Catholic, said her previous marriage was ruled "lacks proper form" by the church. What does this mean? Are they able to marry in the Catholic Church? (Indiana)
A: Even as a canon lawyer, it's impossible to draw firm conclusions about another person's canonical marriage situation based on a secondhand account and without knowing all the details. Still, it sounds like the marriage in question was invalid due to what we would technically call a lack of canonical form.
Catholics, and only Catholics, are bound to observe canonical form in marriage as per Canon 1108 of the Code of Canon Law. Essentially, this means that Catholics are required to be married in a Catholic context, saying their wedding vows and exchanging matrimonial consent in the presence of two witnesses and a properly authorized Catholic bishop, priest or deacon.
If a Catholic marries outside of canonical form — for example, if he or she married in a courthouse or even in a non-Catholic religious ceremony — this is not only illicit (that is, against canon law) but also invalid (meaning that the marriage is not valid in canon law).
In some cases, depending on specific pastoral needs, it may be possible for a Catholic to receive a dispensation from canonical form, or special permission from the bishop, to marry a non-Catholic in a non-Catholic ceremony which would mean that the marriage is licit and valid if that is obtained.
It's also important to note that if someone becomes Catholic at any point in life, even if one falls away from the church, he or she is always considered Catholic in canon law. This means that a baptized Catholic who no longer actively practices the faith would still be bound to observe canonical form in the wedding.
So if a Catholic — practicing or not — attempts to marry in a non-Catholic ceremony without a dispensation, this marriage would be invalid in a very objective, clear-cut way. Other causes of marriage nullity, like certain psychological issues or a lack of proper intention, are generally less obvious and more nuanced. This is why a marriage can be declared invalid due to lack of form much more quickly and easily than a typical formal marriage nullity process.
Presuming there are no other impediments, a Catholic who had his or her marriage declared invalid due to lack of form would indeed be free to marry in the Catholic Church. Of course, the intended spouse also needs to be free to marry.
Jenna Marie Cooper, who holds a licentiate in canon law, is a consecrated virgin and a canonist whose column appears weekly at OSV News. Send your questions to [email protected].