Defect in Form Question


#1

My wife was baptized Catholic. Had a Catholic marriage ceremony to a baptized non-Catholic. However the parish church was not available so they had it in a Lutheran Church. She later divorced the man. Was that a valid marriage?


#2

If it was officiated by a Catholic priest or deacon it is a valid Catholic marriage. If it was a Lutheran minister maybe. So the details matter. So your wife wants to make her marriage to you valid in the Catholic Church? She needs to discuss with a priest.


#3

I know what you mean to say is, if he had the correct authority, it is. If not, not so. :wink:

We should be careful not to leave people with the wrong impression.


#4

Correct. Thanks!


#5

If you are asking if holding the marriage in a Lutheran Church building in and of itself makes the attempt at marriage invalid, no. The Catholic priest should have gotten permission from the bishop to do so, and there is no reason to think he didn’t. But even if he didn’t, it would have been illicit but not invalid.

There certainly may have beeen other things that point to invalidity. She needs to meet with her pastor. Don’t be encouraged or discouraged by what you read here. Because we don’t, and can’t, have all the facts. Make an appointment with the local pastor.


#6

Talk to your Priest.


#7

Did her Bishop give permission for the marriage to take place in the Lutheran building?


#8

Valid point, LL. A marriage performed in a non Catholic setting is valid in the eyes of the church if the Catholic party received permission from the pastor/Bishop of his/her diocese.
Without that, I think it would be a lack of form situation.

I don’t read this as there was a Catholic priest performing a Catholic sanctioned ceremony in a Lutheran church. I read this as the marriage took place in a Lutheran church performed by a Lutheran minister, with no permission given by the Catholic pastor/bishop. I’m not reading into this that the ceremony in the Lutheran church was performed by a Catholic priest.

A little clarification please.


#9

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