In order to answer this question, one must understand what marriage is in the eyes of the Catholic Church. The Church understands marriage to be a “matrimonial covenant, by which a man and 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” (Canon 1055, §1). It is intended to be a faithful and permanent commitment for one’s whole life, until the death of one of the spouses (Canon 1056).

Marriage may or may not be a sacrament. It is a sacrament when both spouses are baptized, whether Catholic or not. All marriages (Catholic, Orthodox, Protestant, Jewish, other non-Christian, non-believer), whether a sacrament or not, are presumed to be valid. The good of all concerned, spouses, children, family members, society, the Church, demands this presumption. The Catholic Church remains faithful to the words of Jesus Christ about marriage, divorce and remarriage (Mk. 10:2-12; Lk. 16:18; Mt. 5:31-32; Mt. 19:3-11; 1 Cor. 7:10-11, 39; Rom. 7:2-3). For a fuller understanding of the teachings of marriage, please consult the Catechism of the Catholic Church, #1601-1666.

Every marriage, from its beginning, is presumed to be valid. Thus, it is binding until the death of one of the spouses (1 Cor. 7:39; Rom.7:2-3). With every presumption, the opposite may be true. If sufficient evidence shows that a particular marriage is invalid, the original presumption of validity no longer holds. The quality of the spouses’ consent given at the time of the marriage ceremony is of extreme importance. If a person did not fully comprehend the nature of marriage prior to consent, or did not freely give consent, or did not intend marriage as understood by the Church (i.e., permanence, fidelity, openness to children, etc.), or was not capable of fulfilling the rights and duties of marriage, then the person entered into a relationship that lacked a key element(s) of marriage as understood by the Catholic Church. Thus when a marriage does not reflect this understanding, then it is considered “invalid” or “null.” When it can be substantiated through the nullity process that a specific marriage is invalid, then the Church can issue a “declaration of nullity,” stating the original presumption of validity from the beginning of marriage was incorrect. The Church is not declaring a new reality, but a reality that actually existed from the beginning. What is “new” is that the presumption of validity from the beginning is now declared incorrect.

NO. Any children born of this marriage remain as they have been: the legitimate and fruitful offspring of that marriage. Canon Law upholds this reality (Canons 1137-1138). One must always remember that children are part of God’s creation and thus are gifts from God. The term “legitimacy” refers to the paternity of the child. It is presumed in civil law and Canon Law that the husband married to the wife who bore a child is indeed the father of the child. No one nor any declaration of nullity can ever take away the paternity of a child.

Most likely, you desire to marry a Catholic in the Catholic Church. It often is hard for non-Catholics to understand the necessity for this process, but the Catholic Church respects the integrity of all marriages of any kind [religious, convalidation, civil court (justice of the peace, etc.), common law, etc.]. Although a civil divorce has given you the right to marry in the civil realm, it does not grant you a similar right in the Catholic Church. Please know that becoming a Catholic is not required for this process or for marriage in the Church.

The Church’s understanding of marriage is being applied to all marriages since the understanding is rooted in human nature and the nature of marriage (natural law). And Jesus’ law is rooted in that reality. The Church’s understanding of marriage is not necessarily different from other denominations and religions. What is different is the Church’s understanding is based upon Jesus’ teachings that one may not remarry after a divorce as long as the previous spouse is still living (1 Cor.7:39; Rom.7:2-3). And Jesus’ teachings apply to all people, not just Catholics.

The Catholic Church believes that a marriage involving at least one Catholic person must be witnessed by a Catholic priest or deacon. The importance of marriage and its relationship to the Catholic faith community necessitates the marriage ceremony to occur within the public worship of the Church. The Catholic Church mandates that Catholics marry following Catholic “form” (cf. Catechism of the Catholic Church, #1630-1632). There are only a few, special pastoral exceptions when a Catholic can marry in a non-Catholic environment and/or by a non-Catholic minister. But the Catholic is still required to get premarital preparation by the Catholic Church and to secure a dispensation or permission from the Catholic bishop allowing for such a marriage ceremony. Thus, if a Catholic marries “outside” the Church without a dispensation or permission from the Catholic bishop, that marriage ceremony is not considered valid, even though it is recognized in civil law. Since the Catholic Church has no jurisdiction over how two non-Catholics marry, the Catholic Church recognizes the validity of all other marriages of any kind—religious, civil court (justice of the peace, etc.), common law, etc.

If a Catholic is married “outside” the Catholic Church with no dispensation or permission from the Bishop and is sharing fully in all marital relations, they are living in sin and are not able to receive the Sacraments, except in danger of death. If they later choose to marry in a way recognized by the Catholic Church (i.e. convalidation), the Catholic party would be free to receive the Sacraments.

If you, as a Catholic, are divorced, not remarried and in a state of grace, you may continue to receive the Sacraments. Divorce itself is not a barrier to the reception of the Sacraments. If you are divorced and remarried “outside” the Catholic Church with no dispensation or permission from the Bishop and are sharing fully in all marital relations, you have taken an action that is contrary to the teachings of Christ and are living in sin (cf. Catechism of the Catholic Church, #1650). Therefore, you are not able to receive the Sacraments, except in the danger of death. The Catholic Church is not punishing you. Rather the Church is being faithful to the teachings of Jesus Christ. Although you are not able to receive the Eucharist, you still have an obligation to attend Mass faithfully every Sunday and are encouraged to participate in your parish as fully as you are able. If your marriage later becomes valid in the eyes of the Church, you may again receive the Sacraments (i.e. you receive a declaration of nullity or your former spouse dies and you contract a valid marriage in the eyes of the Church).