Question by Christian Dugan:
My Lord, I understand that a Catholic cannot marry a divorced person who had an earlier marriage in Catholic, Presbyterian, Methodist, Anglican and some other churches. President Robert Mugabe married a divorcee, Mrs. Grace Gorerraza (Ntombizodwa Marufu) in a Catholic Church, officiated by a Catholic bishop. How is this possible?
Answer by Most Rev Joseph Osei-Bonsu, Bishop of Konongo-Mampong
Church law describes several personal circumstances which prevent people from marrying. These are known as known as impediments. One of these impediments is that of a previous marriage. Whether conducted in the Catholic Church, in another Church or Ecclesial Community, or solely in terms of Civil Law, any previous marriages by either party wishing to marry or marry again must be declared null before a wedding can take place in the Catholic Church. Anyone divorced will have to have their previous marriage examined and determined invalid by a Tribunal of the Catholic Church before his or her marriage to a Catholic can be blessed by the Church. This is irrespective of the religion of the party previously married. If a prior marriage cannot be declared null, no new marriage is possible. The reason for this is that the Catholic Church recognizes any marriage as valid until proven otherwise. Thus, the Catholic Church considers the marriages of two Protestant, Jewish, or even non-believing persons to be binding for life. As Canon 1060 of the Code of Canon Law says, “Marriage possesses the favour of law; therefore, in a case of doubt, the validity of a marriage must be upheld until the contrary is proven”. The assumption is that the couple is in good faith and their decision is to be honoured. The Church believes that a commitment of vows creates a reality and is to be respected. The Church requires a Declaration of Nullity to establish that an essential element was missing in that previous union preventing it from being a valid marriage.
It is important to note the following:
(1) The Catholic Church does not grant divorce. However, if a Catholic obtains a civil divorce, he or she can marry again once a Decree of Nullity (annulment) has been issued by a Tribunal of the Catholic Church. The Decree of Nullity (annulment) is a judicial decree from the Church issued at the end of a process studying the details of a marriage to determine if at the time of consent (the day of the marriage) there was some element of marriage required under Canon Law that was missing, resulting in a defective or invalid marriage. If the decree is affirmative, both parties would be able to be married in the Church. If negative, they would not be able to seek marriage in the Church.
In going through an annulment process with a tribunal, it is not to be taken for granted that the outcome will be dissolution or judgment of invalidity. An annulment is not a “Catholic divorce”. The tribunal process is a looking back at the exchange of vows to see if there was some impediment preventing the couple from being really free to make this decision even if they thought they were ready to undertake it. If the marriage is found to be invalid (not meeting the requirements of a sacramental marriage) then an annulment would be granted. Once that decree has been issued, the requirements for a mixed marriage (i.e. between a Catholic and a baptized non-Catholic Christian) or for a marriage of disparity of cult (i.e. between a Catholic and an unbaptized person) must be met for there to be a valid marriage in the Catholic Church. There are many different and sometimes complex grounds for granting a Decree of Nullity, including: Force or fear, intention against fidelity, children or permanence, error regarding essential elements of marriage, inability to assume the obligations of marriage and others.
(2) A Catholic can marry a divorced non-Catholic in the Church once the non-Catholic’s prior marriage has received a Decree of Nullity (annulment) from a Tribunal of the Catholic Church. All non-Catholic marriages, both religious and civil, are presumed to be valid by the Catholic Church. The marriage between two non-Catholics is required to receive a Decree of Nullity before the non-Catholic can be married in the Church to a Catholic. This is because the Church believes that one can have only one valid marriage relationship at a time. Since all marriages are presumed to be valid and since the Church does not recognize civil divorce of a valid marriage, the non-Catholic marriage must face the same scrutiny as the Catholic marriage and be declared invalid before another marriage is allowed in the Church. This is often a difficult and emotional issue. If the intended spouse comes from a faith tradition that accepts divorce and remarriage, it may be hard for them to understand why they must go through the Catholic tribunal process. Couples in this situation may find it helpful to talk with a priest or deacon. To go through the process can be a sign of great love of the non-Catholic for their intended spouse.
Going back to the question posed by Mr. Christian Dugan, if Mrs. Grace Gorerraza (Ntombizodwa Marufu) who was a divorcee was able to marry Mr. Mugabe in the Catholic Church, it must have been the case that she received a Decree of Nullity for her previous marriage from a Tribunal of the Catholic Church.