Married to a Divorcee: What to Do?

by Admin · April 17, 2023

Photo: Sandy Millar/unsplash)

Question: My daughter is married to somebody divorced from his wife. Prior to this marriage, contracted in court, she was frequenting the sacraments, but now, because of this relationship, she has ceased doing so. How can this be fixed canonically so that her practice of the faith can go on?

Answer: As a first resort, your daughter should contact her parish priest and/or diocesan marriage tribunal officer for guidance.

The answer hinges on whether your son-in-law’s first marriage is valid in Catholic Church law. If it was contracted in court or in another setting not recognised as ecclesiastically valid by the Catholic Church and without the permission of the Church, then the solution might be fairly simple. In that case, your daughter — or her husband — would need to obtain a “declaration of nullity for absence of canonical form”.

This can be done simply through the parish priest, and involves filling in a form stating details of the previous marriage (where, when, who). The priest then submits the form to the diocese with a request for the declaration that the earlier ceremony did not constitute a valid Catholic wedding. It should be a quick process, requiring a few weeks. This would then leave your daughter free to marry in a Catholic ceremony, which would enable her to return to the Lord’s Table.

However, if your son-in-law’s first wedding ceremony took place in a Catholic church or was otherwise sanctioned or recognised by the Catholic Church, then things become more complicated. In that event, proceedings for a full-scale annulment might have to be instituted by him, if there are grounds for that.

Either way, please urge your daughter to approach her parish priest, who should offer her guidance to the best way forward.

It is good that your daughter keeps up attending Mass. She and others in her situation may go up at Communion time to receive a blessing instead of the sacrament. The grace of God never fails those in good faith.

Published in the February 2023 issue of The Southern Cross magazine