- At The Catholic Tribunal Court
- Rev. Father DOMINIC Explains
What is an annulment in marriage?
An annulment, formally called “a declaration of nullity,” is an official declaration by the Roman Catholic Church that a marriage did not meet the requirements for validity. Validity means that the desired outcome (in this case, marriage) has actually taken place as recognized by the Church.
Although to all outward appearances, a wedding was properly celebrated (the vows were recited before the priest in a Catholic church, etc.), there is much more needed for the wedding to be understood as a sacred union. For instance, the internal dispositions of the parties and a proper understanding of what marriage is all about are also requirements for a valid marriage.
This determination is based on a thorough examination of the marriage in question by the local diocesan tribunal. The tribunal–the formal name for a church court–looks at information submitted by one or both of the former spouses to see if all the requirements for a valid marriage were present in their union.
Annulment vs. Divorce: What is the difference?
A civil divorce is the dissolving of the marriage relationship by the State in which the parties live. The Church holds that marriage is a sacramental union of a man and woman that can be dissolved only by the death of one of the spouses. In the annulment procedure the Church examines whether the union did in fact reach its fullness and become all that the Church believes a marriage to be.
When is an annulment needed?
In order for a Roman Catholic to re-marry it is necessary that a previous marriage be determined defective in some manner (declared null). The Church believes that “marriage enjoys the favor of the law” and is therefore presumed to be valid, unless the contrary is proven.
In short, if a Catholic who has been married and divorced wants to enter into a valid Church marriage, an annulment is needed.
What is required to get an annulment?
Although the basic annulment requirements are standardized, the exact procedures for the obtaining of a declaration of nullity can vary from diocese to diocese. Ordinarily, a form must be completed and some documentation is required, including recently issued baptismal certificate, a copy of the civil divorce papers, and the Catholic marriage certificate.
How do I really begin the annulment process?
The person interested in obtaining a declaration of nullity should make an appointment with the priest, deacon, or other pastoral minister in their parish who coordinates marriage preparation. If you do not yet belong to a parish, contact the Diocesan Marriage Tribunal directly. In most instances, the parish minister will have the necessary forms for an annulment at hand and can explain the process and answer questions that arise as you get started.
What does the tribunal process involve?
Several steps are involved. The person who is asking for the declaration of nullity – the petitioner – submits written testimony about the marriage and a list of persons who are familiar with the marriage. These people must be willing to answer questions about the spouses and the marriage. If the other spouse did not co-sign the petition, the tribunal will contact that spouse – the respondent – who has a right to be involved. In some cases the respondent does not wish to become involved; the case can still move forward.
How do I start the process? Is it very expensive? How long does it take?
By contacting your parish priest or deacon. The fee to process the formal case is $400, this represents less than one-half the cost of the process, and the balance is provided by the Annual Diocesan Appeal. In the case of need assistance can be obtained. No one is denied access to the Court due to financial limitations. The length of time varies with each case; you should plan on at least a year. In 2010 the average processing time for a case in our diocese was eight months. All cases are processed in the order the Tribunal receives them.
Based upon the information that was submitted, a tribunal official will determine the process that is to be followed. Regardless of the selected process, both the petitioner and the respondent will be able to read the testimony submitted, except that protected by civil law (for example, counseling records). Each party may also appoint a Church advocate to represent him or her before the tribunal. A representative for the Church, called the defender of the bond, will argue for the validity of the marriage.
If the tribunal decides in favor of the nullity of the marriage, the parties are then free to marry in the Catholic Church, unless an appeal of the decision is lodged or the decision includes a prohibition against one or both of the parties marrying until certain underlying issues have been resolved (see Code of Canon Law, 1682.1).
Are annulments granted very often? How long does it take?
The number of annulments granted and the time frame it takes for the tribunal to make a determination varies greatly from diocese to diocese. Many factors influence the number of annulments granted including: the size of the diocese, the number of staff members employed by the tribunal, and the number of applications that are submitted.It could take 3 or even 10 years.
What are some of the reasons why an annulment might be granted?
Part of the process for preparing the case for the tribunal will be establishing the “grounds” on which the tribunal will examine the case in question. In order for a marriage to be valid in the eyes of the Church, there must be at least: a minimal knowledge of what constitutes sacramental marriageadequate maturity on the part of the spouse to understand the seriousness of lifelong commitmentthe ability to make a mature and responsible decision in accepting the duties that are to be assumed with marriage
freedom from internal or external pressures and fears.
How much will it cost to obtain an annulment? Why is there a fee?
Although many tribunals are subsidized by the diocese in which they operate, such subsidies rarely cover the total costs of the tribunal office which normally supports several court officials and resource staff, as well as office supplies, etc. A Catholic annulment cannot be refused or delayed on the basis of the inability to pay the tribunal.
Can I apply for an annulment even if I don’t have enough money to pay for it?
Most tribunals make some type of financial arrangements with those who cannot cover the costs of the expenses, allowing an extended time for the payment of fees or even the waiver of fees under certain circumstances. Check your own tribunal for payment policies.
What will I be asked to do in the Catholic application process?
There exists some limited variation in the materials that are needed to apply for an annulment. The process normally begins in a parish with a priest or other pastoral minister and the completing of a form that will summarize basic information about the applicant and the former spouse. Some questionnaires attempt to clarify possible grounds that might be pursued in the annulment. Some tribunals request a type of self-inventory or history to be written by the petitioner, which touches on issues related to early background of the applicant, courtship, marriage, and married life.
Does my former spouse have to cooperate?
Every effort must be made to obtain the contact information of the former spouse (“respondent”). It is important that the respondent be given the opportunity to share perspectives on the former union. The unwillingness of the respondent to testify to the tribunal does not prohibit the case from moving forward.
Do my family and friends need to be involved?
The petitioner will be asked to provide the names of several witnesses who knew at least one of the parties (preferably both) and preferably during the early stages of the union who can provide the court with some insights and observations concerning the marital union. Most often these individuals are asked to submit a written statement, the length of which is usually determined by how well acquainted they are with the marriage and the relationship of the spouses prior to the marriage.
Are there documents I have to submit with the annulment application?
The petition will include a recently issued baptismal certificate for the applicant, a copy of the divorce papers, and a marriage certificate from the marriage under review
If I am granted an annulment, will that mean the Church sees my children as illegitimate?
It is the understanding of the Church that children born of a union that is later declared an invalid marriage (annulled) are not illegitimate if at least one of the parties entered into the union with good faith.
I am marrying a person of another faith who is divorced. Does he (she) need an annulment?
Non-Catholics are not bound by the canon law of the Catholic Church except when they wish to marry a member of the Catholic Church. If the non-Catholic has been divorced, the marriage, in most circumstances is presumed to be valid, and therefore the person must obtain an annulment from a Catholic marriage tribunal before the Catholic wedding may take place.
If I was married by an official of another faith tradition, do I need an annulment?
The Catholic Church requires that its members exchange their consent (vows) before a Catholic priest or deacon and two witnesses. Sometimes when a Catholic marries a member of another Christian tradition, an unbaptized member of another faith (for example a Jewish or Muslim person), or a person not affiliated with any religion, the Catholic person’s pastor requests a “dispensation from form” from the local bishop. This allows him or another priest or deacon to receive the couple’s vows in the name of the Catholic Church.
If a Catholic is married by someone other than a Catholic priest or deacon and in the presence of two witnesses but doesn’t have the required dispensation, the marriage is considered invalid. Should this union end in divorce and the Catholic seek to remarry in the Catholic Church, it will be necessary to obtain a declaration of freedom to marry by completing a form and providing documentation that establishes the baptism of the Catholic party, that the marriage was performed by someone other than a Catholic priest or deacon, and that the party has been civilly divorced.
You should talk with a priest, deacon, or other pastoral minister at your local parish about the procedure and the appropriate paperwork that is required.
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