We often encounter questions about marriage between Catholics and non-baptized or non-Catholic individuals. To clarify, we asked ecclesiastical lawyers Professor Ján Duda and Petr Paľovčík about the relevant canon law. They explained that the Catholic Church distinguishes between marrying a baptized non-Catholic, with whom Catholics recognize the sacrament of baptism and an unbaptized person.

“To conclude a valid marriage between a Catholic and a non-baptized person, a bishop’s dispensation is first of all necessary. Such a marriage is valid, but not sacramental,” explains Greek Catholic priest and church lawyer Peter Paľovčík.

Contrary to a common misconception, a marriage between a Catholic and an unbaptized person is either sacramental for both spouses or not at all. It cannot be a sacrament solely for the Catholic partner. However, when a Catholic marries a baptized non-Catholic from a Christian denomination with a valid baptism recognized by the Catholic Church, such as the Evangelical Church of the Augsburg Confession or the Orthodox Church, a different situation arises.

In the first and second case, it is the so-called mixed marriage, but the difference is in the form of marriage. While the marriage of a Catholic with an evangelical side requires that they be married in the Catholic Church for validity, in the latter case the marriage in the Catholic Church is required not for validity, but for permission. But in both cases, it is not only a valid marriage but also a sacramental one.

What is the difference between sacramental and non-sacramental marriage?

According to the Catholic Church, sacramental marriage is indissoluble, while non-sacramental marriages lack the associated spiritual benefits. However, Catholic theologian Ján Duda notes that God’s grace is not limited to sacramental contexts.

The Pope can annul non-sacramental marriages under specific circumstances if they break down. Meanwhile, the Church considers sacramental marriages between two baptized individuals to be indissoluble, regardless of their denominational affiliation.

What is a dispensation?

If a Catholic woman marries a non-Catholic Christian, we are talking about a mixed marriage, which is permitted by the local ordinary. If a Catholic wants to marry a non-baptized woman, we are talking about a marriage obstacle of a different religion, which is issued by the local ordinary.

The parish priest where the marriage takes place usually requests permission or a dispensation from his diocesan bishop or ordinary. 

“The application should be accompanied by a document where the Catholic side undertakes to do everything to ensure that the children are raised in the Catholic faith. And the non-Catholic side confirms that it knows about this commitment,” explains Paľovčík.

According to Ján Duda, it often happens that the parish priest also asks the non-Catholic party to sign that they will agree to raise children in the Catholic faith. However, the non-Catholic side only confirms by signing that it knows about the commitment of the Catholic partner.

“Some parish priests do not distinguish it, they think that by the non-Catholic side committing to something, they are securing something. However, we cannot bind people of other faiths, for example Evangelicals, to something, but it is done,” states Professor Duda. 

A Catholic marrying a baptized non-Catholic recognized by the Catholic Church or a non-baptized person requires a dispensation under Church law. If a Catholic marries a baptized non-Catholic without a dispensation, the marriage is valid but illicit. However, if a Catholic marries a non-baptized person without a dispensation, the marriage is invalid. A priest who marries someone in such circumstances without the bishop’s consent can face punishment. It remains unclear whether a Catholic can have a valid marriage in a temple of another church.

The answer is yes, a Catholic can enter into a valid marriage in the temple of another church, but the marriage should be concluded in the manner prescribed by the Catholic Church.

“A Catholic party with a non-Catholic baptized or unbaptized party is obliged to celebrate the marriage in a Catholic temple, in the prescribed form. It is up to the bishop to grant permission to celebrate a marriage outside the church, this applies to both ceremonies, i.e. Eastern and Western,” says Peter Paľovčík.

However, there may be a situation where a Catholic does not have much of a choice and has to conclude a marriage in a temple of a non-Catholic site due to some circumstances, for example due to family circumstances. 

It may happen that the parents of the non-Catholic side would not agree to the wedding in the case of a marriage in a Catholic church, or the non-Catholic side is related to the clergy of the given church or is strongly involved in the community of their church.

“Then a dispensation from the prescribed form is requested. While in the Western Rite this dispensation is granted by the bishop, in the Eastern Rite the Apostolic See is competent to grant this dispensation,” says Paľovčík.

Ján Duda notes that the Orthodox Church is an exception, as a marriage without dispensation would be valid, though not permitted, while violating Catholic law.

If a Catholic marries in a non-Catholic church without the bishop’s permission, the marriage is invalid in the eyes of the Catholic Church, barring access to sacraments. In contrast, the Orthodox Church would consider the marriage valid, although not permitted, as Catholics recognize the validity of Orthodox sacraments.

It seems that this is also the case of the person from the beginning of the text, where we do not know the exact circumstances, but if a Catholic woman or man marries among Evangelicals without the permission of their bishop, for example, from the point of view of the Catholic Church, their marriage is invalid.

According to lawyers, there is a solution for such a person, which is rehabilitation. “Simply put, through a decree issued by the bishop,” explains the Greek Catholic priest Paľovčík.

When asked whether the ceremony can be repeated in a Catholic church, for example, priest Duda answers that no. “Church law does not allow marriage between Catholics and Evangelicals, it cannot be repeated or duplicated.”

It is also not possible for a Catholic priest and, for example, an evangelical pastor to celebrate the sacrament of marriage, and the engaged couple first celebrate their marriage according to one rite and then according to the other.

In rehabilitating the marriage, the Catholic side must also undertake to do everything possible not to fall away from the faith and for the children to be raised and baptized in Catholicism.

Peter Paľovčík cites the Pontifical Council for Promoting Christian Unity’s 1993 Directory for the Implementation of the Principles and Norms of Ecumenism, which addresses disagreements over Catholic upbringing. The document advises Catholic parents to balance teaching their faith to their children with respect for the other parent’s religious freedom and conscience, while preserving family unity and stability.

If, despite all efforts, the children are neither baptized nor brought up in the Catholic Church, the Catholic parent does not fall under the censure of canon law.

If, despite all efforts, the children are neither baptized nor brought up in the Catholic Church, the Catholic parent does not fall under the censure of canon law. However, it remains his duty to pass on the Catholic faith to his children. 

He must actively foster a Christian atmosphere in his family by setting a good example and sharing the values of his Catholic faith with others. To do this effectively, it is essential that he has a thorough understanding of his faith and can articulate it in conversations. He also prays with his family for the unity of all Christians, as desired by the Lord.