Does the Roman Catholic church recognize marriages outside of the church?

Question

I'm curious about the status of marriages performed outside the auspices of the church. For example, if a non Catholic converts to the Roman church, but was married beforehand, does it "count". Based on an earlier question, I understand now that the church annuls marriages - but, if these two went on to divorce, wouldn't the church be in the position of denying a marriage they never blessed?

Along these lines, what happens if two people get married by a justice of the peace, or If ignoring the advice of a priest, they choose to find some other minister to perform the ceremony.

I realize that the church's recognition of a marriage is completely different from the state's recognition (and truthfully the practical effect of a non recognition by the church is slim), but it still makes me wonder if, say, two baptists who marry and then convert are "living in sin" until the priest recognizes the marriage.

At the extreme side of things, Im assuming that the church would never recognize a "gay marriage," considering it annulled from the beginning- but would that extend to legitimate unions simply conducted outside the aegis of the church as well?

Just curious.

Answer 1

The Roman Church does recognise marriages outside the Church. See Canons 1055 and 1056:

Can. 1055 §1. The matrimonial covenant, by which a man and a woman establish between themselves a partnership of the whole of life and which is ordered by its nature to the good of the spouses and the procreation and education of offspring, has been raised by Christ the Lord to the dignity of a sacrament between the baptized.

§2. For this reason, a valid matrimonial contract cannot exist between the baptized without it being by that fact a sacrament.

Can. 1056 The essential properties of marriage are unity and indissolubility, which in Christian marriage obtain a special firmness by reason of the sacrament.

A marriage between two baptised people is by definition a sacrament: it's the couple who are ministers of that sacrament, not the officiant at the ceremony. Consequently it doesn't really matter who the officiant is (although there are rules, just to make sure that everything is done properly and legally).

As I noted in my profile and an earlier comment, I used to be an Anglican and am now a member of the English Ordinariate.

Members of my Anglican church considered joining the Ordinariate, but their previous dissolved marriages would have caused difficulty. In practice, the Church attempts to be compassionate in justice and in most cases the reason for divorce would have been a valid reason for annulment and there would be no problem — but all the circumstances would have to be investigated thoroughly.

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Perhaps I should qualify the opening sentence as

The Roman Church does recognise marriages outside the Church which accord with Canon 1055.

Answer 2

Yes, the Catholic Church recognises marriages contracted before conversion. If for example two Presbyterians got married and one or both of them converted to Catholicism, their marriage would be considered valid. Same for two Buddhists or two pagans or the civil ceremony of two atheists or anyone else, for that matter. If their faith or philosophy or the state recognises it, it's valid.

The issue comes in only when one or both of the parties is Catholic. A Catholic must marry with a Catholic ceremony (can be a High Mass with a thousand people in attendance or in the office of the priest with a couple of witnesses... doesn't matter) in order for it to be considered valid unless they have permission (usually gotten from the local bishop) to do otherwise. Permission can be given to the Catholic party to marry elsewhere and if it is given the marriage is considered as valid as a marriage performed in the Catholic Church. This is usually done when one of the couple is a non-Catholic or non-Christian. One friend of mine married a Buddhist, with permission, at her Temple.

In the Catholic faith, marriage of a Catholic to most any other Christian is considered a Sacrament, same as marriage to a Catholic. Marriage to a non-Christian is not a Sacrament, but is still considered a holy act blessed by God. In practical terms these days, the couples are treated equally. Any marriage recognized by the Church will need an annulment if the Catholic party wishes to marry again after divorce. This means if you divorce the Presbyterian spouse you married before you became a Catholic, you will have to go through the annulment process whether the other party converted with you or not. A lot of non-Catholic spouses are surprised when they are asked to respond to a Catholic annulment proceeding on the validity of their non-Catholic wedding, but it's because their marriage is considered valid until proven otherwise.