Marriage Outside of the ChurchIt’s

Marriage Outside of the Church

It’s nice to be back at Catholic Light after a slight distraction with a few Lidless Eye types this week over at Envoy. Anyway, Eric Johnson emailed me the following question: “It’s my understanding that if a baptized couple gets married in a civil ceremony — not a church or minister of any kind in sight — then that’s an invalid form and the Church does not recognize the marriage. A guy with whom I was having dinner said that no, the Church does recognize such marriages. Can you clarify publicly?”

Okay, since I’m in charge of processing Lack of Form cases for our diocese, I know this area of canon law like the back of my hand (especially since I’m often staring at the back of hands while entering the information into the computer.) Basically the canonical form of marriage, in other words before a properly delegated priest (or a deacon or layperson may be delegated by the Church in the West) and two witnesses applies to anyone that was baptized Catholic or Orthodox and has not defected by means of a formal act. (Don’t ask what defection by means of a formal act is, since canonists are still bickering over this.) But the important thing to remember here is that we recognize the canonical form of our separated Eastern non-Catholic Churches (Eastern Orthodox, Oriental Orthodox and Assyrian Churches of the East.)

Only one of the parties needs to be baptized Catholic or Orthodox for the canonical form to apply, although it obviously applies if both are baptized Catholic or Orthodox. Anyway, if a baptized Catholic or Orthodox attempts marriage before a Protestant minister or a Justice of the Peace or a Jewish Rabbi or a SSPX priest, without first obtaining the necessary dispensation from canonical form, then the marriage is considered invalid by the Church. As an aside, if a Catholic marries an Orthodox before an Orthodox priest without first obtaining permission from the Catholic Church, then the marriage is still considered valid but illicit.

So what happens if two baptized Protestants marry before a Justice of the Peace? Because Protestants are not bound to canonical form, and because the Church does not recognize attempts by any Protestant ecclesial communions to bind their adherents to a specific form, the Church would recognize such a marriage as valid. Basically, as long as neither party has been baptized Catholic or Orthodox, and both parties are free to marry, the Church recognizes as valid any marriage that was contracted in accordance with the requirements of civil law.

8 comments

  1. So, let me make sure I understand this. I am a baptized Catholic and so is my fiance. If we planned a wedding ceremony outside a church, as long as we have two Catholic witnesses and the ceremony is performed by a priest or minister it WILL BE recognized by the Catholic church? Please let me know if this is correct. Thank you.

  2. Actually, your post didn’t relate to this, but you sound like you might know anyway:
    Are there any canonical rules about where the marriage ceremony takes place? Inside or out of the church building, etc? Thanks for any help you can offer.

  3. I am a baptized Catholic and so is my fiance. If we planned a wedding ceremony outside a church, in a garden atmosphere, and we have two Catholic witnesses and the ceremony is performed by a priest or minister, would it be recognized by the Catholic church? Please let me know if this is correct. Thank you. Tammi

  4. I am a baptized Catholic and so is my fiance. If we planned a wedding ceremony outside a church, in a garden atmosphere, and we have two Catholic witnesses and the ceremony is performed by a priest or minister, would it be recognized by the Catholic church? Please let me know if this is correct. Thank you. Tammi

  5. I am a baptized Catholic and so is my fiance. If we planned a wedding ceremony outside a church, in a garden atmosphere, and we have two Catholic witnesses and the ceremony is performed by a priest or minister, would it be recognized by the Catholic church? Please let me know if this is correct. Thank you. Tammi

  6. The best source for info on the rules you need to observe — and exactly how they are interpreted in your diocese — is your pastor. You need to be in touch with him anyway for your marriage preparation.
    Your wedding will be a sacred event and the celebration of a Sacrament, so it should be celebrated in a church or chapel unless there is a serious reason to do otherwise.
    Find out if there is perhaps a Catholic shrine near you that would have an actual outdoor chapel. This would be better than a non-religious outdoor setting such as a park or garden.

  7. I am a baptised catholic recently married outside the catholic church, by a minister. When our child is born may he/she be baptised by the catholic church?

  8. If you intend to raise your child as a believing and practicing Catholic, then by all means he or she should be baptized in a Catholic ceremony.
    But I am a little concerned for you: if there is some problem with your new marriage, please do get it rectified with the Church, so that your child can have you practicing the Faith actively along with him or her.

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