THE ANNULMENT PROCESS A STEP -BY-STEP GUIDE This guide is has been developed by the Metropolitan Tribunal of Omaha For further information visit www.archomaha.or g /ministries/annulment or email [email protected] To speak with a member of the Tribunal staff call 402.558. 310 0 100 Nort h 62nd Street • Omaha Nebraska 68132 • ww w. archomah a.org WHAT IS MARRIAGE ? Christians believe that God is the author of marriage and that Church law declares that marriage is brought about through: He has determined its elements and characteristics. (1 ) the consent of the bride and groom, (2 ) being legitimately manifested, and (3 ) those qualified according to the law. A sacramental marriage is the union of two baptized persons. The Catholic Church teaches that marriage is an enduring and The Church also recognizes that sometimes marriages are exclusive partnership for the mutual giving and receiving of entered into invalidly due to a defect or lack of consent so love and the procreation and education of children. Marriage radical that the sacred covenant was never established, even is much more than a legal contract; it is a sacred bond in though by outward appearances it seemed to be a marriage. which a man and a woman totally commit themselves to the Therefore, if the consent was defective — marriage was not good of each other. brought about. All marriages between two baptized partners are presumed to If the consent was not legitimately manifested — marriage be valid and a sacrament until the opposite is proved beyond was not brought about. a reasonable doubt (c. 1060 ). Although not every marriage is a sacrament, (for example, a marriage between a Catholic and If one or both of the persons were unqualified according to a non-baptized person ), each and every marriage is presumed Church law — the marriage was not brought about. by the Church to be valid. WHAT IS A DECLARATION OF NULLITY OR ANNULMENT ? A declaration of nullity, or an ecclesiastical annulment, is a not a divorce; it is a statement that the bond of marriage, as it formal decision by a Catholic tribunal that a particular union is is understood by the Church, was never created. The process not a valid marital union. There may have been a common life, evaluates and examines the marriage for the necessary elements possibly blessed by God with children, but some defect in the of a valid union: permanence, fidelity, true companionship consent or the ability of one or both partners that did not allow and love of the spouses, and openness to bearing and educa- it to become a partnership of life and love as described in ting children. The tribunal seeks to determine if there was Canon 1055 of the 1983 Code of Canon Law . anything which pre-vented those elements from being present from the beginning, or if one or both spouses were unable Can. 1055 §1. The matrimonial covenan t, by which a man and a to enter into a valid union due to physical, psychological or woman establish between themselves a partnership of the whole circumstantial causes. A declaration of nullity does not dis- of life and which is ordered by its nature to the good of the spouses solve a bond which already exists, but declares that the bond and the procreation and education of offspring, has been raised by did not exist. A declaration of nullity addresses a person’s status Christ the Lord to the dignity of a sacrament between the baptized. in the Church (e.g., whether one is free to marry). It does not §2. For this reason, a valid matrimonial contract cannot exist pronounce one party guilty and the other innocent; it does between the baptized without it being by that fact a sacrament. not seek to fix blame on one of the parties. A declaration of nullity does not occur until after an extensive The entire process leading to a declaration of nullity is regulated investigation, which proves that a putative marriage was in fact by canon law and other ecclesiastical norms, which are universal invalid. What is investigated is whether a valid marriage bond and govern tribunals in every country. was created at the time of consent. A declaration of nullity is THE ANNULMENT PROCESS PAGE 2 A STEP-B Y-STEP GUIDE WHAT IS THE STEP 2: ANNULMENT PROCESS ? PETITION IS FORWARDED The annulment process begins when a party petitions the TO TRIBUNAL tribunal for a declaration of nullity by challenging the validity Once the petitioner has gathered the paperwork required in of his/her marriage. The party who initiates the process is Step1, he/she will submit it with the petition to the tribunal. referred to as the petitioner; the other party is referred to as The tribunal will then decide if it has competency to hear the the respondent. The tribunal then conducts an investigation case. In canon law, competency refers to jurisdiction, and the into the circumstances surrounding the marriage, especially consequent ability to hear the case. prior to and at the time the couple exchanged their vows. The Once the tribunal determines competency, the petition is investigation seeks to establish whether there was ever a accept or rejected. If accepted, it is accepted either to the formal marital bond as understood by the Catholic Church. If not, process or to the shorter process, depending on the details of the marriage is considered invalid. A declaration of nullity the case. In both processes, a judge and an assessor are does not dissolve a bond which already exists, but declares assigned to the case. In the shorter process, an assessor may that the bond did not exist. For this reason, an annulment also be assigned. You will know the name of the judge cannot be considered a Catholic divorce . assigned your case, as well as the name of the assessor. DO I N EED TO APPLY The ecclesiastical judge is qualified through his training and FOR AN ANNULMENT ? practice in canon law and is appointed by the Archbishop. The judge, who is a priest or deacon, has the final decision whether You should apply for an annulment if you are: a declaration of nullity is granted or not. • A divorced Catholic who is now civilly remarried outside the The assessor assists the Church in finding the truth. The Catholic Church and wishes to have his/her union validated auditor is available to answer any questions that may arise and • A divorced Catholic who would like to remarry solicit further evidence in the trial. Assessors are tribunal personnel that are appointed by the judge . • A divorced non-Catholic who is now civilly married outside the Catholic Church to a Catholic The judge will set the ground(s) or the reason(s) why the • A divorced non-Catholic who would like to marry a Catholic validity of the marriage is being challenged; that is, what ground • A divorced Catholic who is thinking about dating or grounds will be decided during the course of the trial. It is not possible to go into length here and adequately explain STEP 1: all the possible grounds for nullity under Church law. Grounds TO PETITION FOR AN ANNULMENT , may be set based on your answers to the following questions: CONTACT YOUR PASTOR , 1) Were both parties free to marry — e.g., no outside pressure, ANNULMENT SPONSOR OR no prior bond of marriage? THE MARRIAGE TRIBUNAL 2) Did each party intend from the beginning to accept and fulfill God’s plan for marriage as taught by the Church — To petition for an annulment, you may contact either your pastor, e.g., intending fidelity, permanence, openness to children? an Archdiocese annulment sponsor or the Archdiocese Marriage 3) Did each party have the physical, emotional and/or psycho- Tribunal. They will assist you in submitting your petition. logical ability to live out the consent given to marriage — These are the items you will need: e.g., was either an alcoholic, drug dependent or experiencing • A copy of the marriage license • A copy of the divorce decree emotional difficulties at the time of the wedding? • Baptismal certificates for both parties in the marriage Other symptoms or characteristics of a problematic (if Catholic, it must have been issued within the last six marriage which can pose a possible case for a declaration months from the parish of baptism ) of nullity include: You will also need to submit a petition. The tribunal will • Broken marriage of • Profound irresponsibility the very young provide an outline for you to follow when writing your petition. • Serious mental illness The petition will determine on what grounds (see Step 2) • Marriage of short duration • Contrary views about the your case will be submitted. Grounds for an annulment are • Consistent violent behavior permanence of marriage the reason(s) why you believe the marriage is invalid. • Deviant sexual behavior • Criminal orientation THE ANNULMENT PROCESS PAGE 3 A STEP-B Y-STEP GUIDE STEP 3: THE RESPONDENT IS CONTACTED the time of the wedding, and the life of the marriage. Please tell your witnesses that you have submitted their names to the At this stage of the annulment process, the respondent (your tribunal. Encourage them to be thorough in their answers. former spouse ) must be cited. As a party to the marriage, h e/she must be contacted about the investigation of the marriage. As in any investigation, there must be corroboration of the However, the respondent does not have to participate for a assertions of the parties. The goal of an annulment is to discover decision to be made.