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Marriage Annulments — Questions and Answers

Marriage Annulments — Questions and Answers

MARRIAGE — QUESTIONS AND ANSWERS

1. What is ? (a tribunal) that a relationship that appeared to be a marriage was not in fact a Marriage is the matrimonial covenant, established marriage as the Church understands it. It is a by , by which a man and a woman enter into a finding that there is nothing to “annul.” partnership of the whole of life. Since are presumed to be valid, a finding Since they are created in the image and likeness of of nullity must be based on certain grounds, the God in such a way that “the two become one elements of which must be proved. flesh,” the vocation to marriage is written in their very nature by the hand of their Creator. It is 3. Why does the have marriage ordered by its nature to the good of the tribunals? and the procreation and education of children; therefore, the essential properties of marriage are The Church is the guardian of the sacraments. As unity and indissolubility. the Bride of Christ, she is vigilant to protect the integrity of holy matrimony. She is faithful to the It is through their own personal that a man teachings of Jesus Christ, the Bridegroom, and a woman enter the irrevocable matrimonial concerning marriage, as stated in Holy Scripture: covenant, and give and accept each other in order “Have you not read that from the beginning the to establish marriage. Creator ‘made them male and female’ and said, ‘For this reason a man shall leave his and The Church’s understanding of marriage as and be joined to his , and the two shall something instituted by God applies to all become one flesh’? So they are no longer two, but marriages whatsoever, whether of Catholics or one flesh. Therefore, what God has joined together, non-Catholics, whether of Christians or no human being must separate.” non-Christians. At the same time, when marriages have broken For the baptized, whether Catholics or other down and even been the subjects of civil , Christians, this matrimonial covenant established people have a right to know whether their by God for the whole human race has been raised marriages were valid. Ecclesiastical courts are by Christ the Lord to the dignity of a sacrament. among the means by which the rights and The unity and indissolubility that are the essential responsibilities of Catholics are articulated and properties of any marriage obtain a special protected. With a tribunal, the Church can judge firmness for Christians by reason of the sacrament. the validity of a marriage according to and jurisprudence, and determine the freedom of the 2. What is an “”? parties to marry.

Though the word “annulment” is used informally, 4. What are the “grounds” in a case of nullity? the proper term is “.” A true “annulment” annuls something, as when a judge in The grounds for a declaration of nullity are: a civil court annuls a civil marriage. (1) the presence of an invalidating impediment A declaration of nullity is a finding by an before the marriage; (2) an invalidating defect in, or a total lack of, the from one’s bishop to marry in some other way canonical form of marriage when it is required, or (before a minister, a rabbi, etc.), but without this dispensation, the marriage is invalid. (3) an invalidating defect in the consent of one or both of the parties to the marriage. This law applies even if only one of the parties to the marriage is a Catholic. It does not apply to 5. What are “invalidating impediments” to non-Catholics, who marry in any number of ways, marriage? and whose marriages are recognized as valid by the Catholic Church. An impediment is some fact or condition that renders it impossible for a party to contract As with impediments, a defect or lack of the marriage validly. Some of these impediments are of canonical form can often be demonstrated with divine law, and some are of ecclesiastical law. documentary evidence, so these, too, are called “documentary cases.” Impediments of divine law, which affect all human beings, no matter what their religion may be, 7. What are “invalidating defects in the consent” include: impotence, which is the physical inability of one or both parties? to perform the marital act; a prior bond of marriage, when the other still lives; and Assuming that there are no impediments, and that , which is a blood relationship within the canonical form of marriage (when it is required) certain degrees. is followed, it is the consent of the parties that makes marriage. This consent is an act of the will Impediments of ecclesiastical law, which affect by which a man and a woman mutually give and Catholics and those who wish to marry Catholics, accept each other through an irrevocable covenant include: lack of minimal age; , in order to establish marriage. No earthly power which is marriage with an unbaptized person; can substitute for the consent of the parties. sacred orders; vows in a religious order; abduction of the woman; crime, which is bringing about the For consent to be given validly, especially with death of a spouse; , which is a relationship regard to such an important matter, it is required through marriage; , which is a that both parties are of sound mind, that they have relationship through ; and a the necessary discretion of judgment, and are do relationship through . not labor under some psychological incapacity. Also, the parties must be at least not ignorant that In some cases it is possible to obtain a dispensation marriage is a permanent partnership between a from an impediment—for example, for a Catholic man and a woman ordered to the procreation of to marry a non-baptized person—but it must be offspring by means of some sexual cooperation. obtained beforehand. It is not possible, however, to dispense impediments of divine law: impotence, While a person’s intentions are presumed to prior bond of marriage, and consanguinity within conform to the words by which his or her consent certain degrees. is expressed, if a party, while saying the words, in fact positively excludes marriage itself, or some In many cases the existence of an impediment can essential element of marriage—the good of the be demonstrated with documentary evidence, so spouses or the procreation and education of these are called “documentary cases.” children—or some essential property of marriage —unity and indissolubility—the marriage is not 6. What is the “canonical form” of marriage? valid. Finally, consent can be invalidated by certain kinds of error, by , or by force or grave Catholics are obliged to marry in the presence of fear. their bishop or pastor, or a properly delegated or , and two witnesses. This is the When the valid consent of one or both parties is in “canonical form” and is required for the validity of question, the evidence is more difficult to find and the marriage. to evaluate, and so a “formal process” of citations, testimony, briefs, and judgment is required. Thus, It is possible to get a dispensation (permission) these are called “formal cases.” be, and is identified as, invalid from the beginning. 8. What are the effects of a declaration of nullity? Nevertheless, through human weakness and sin, A marriage is presumed to be valid until it is a valid marriage can be damaged or destroyed, but proved to be otherwise. The burden of proof lies that does not mean that it was invalid. with the one who alleges its invalidity. 11. What is the process of determining the nullity The principal effect of a declaration of nullity is of marriage? that the marriage in question has no juridical standing and is not recognized by the Church. The process, which is in fact a judicial trial of the Generally, the parties are also declared to be free to marriage itself, begins with the submission of a marry. petition (libellus) by one of the parties, who becomes the petitioner, together with supporting In the United States, there are no civil effects of a documents such as baptismal certificates, the declaration of nullity, though there may be , and the divorce . The implications in other countries; nor is the petitioner also submits a narrative history of the of children affected. relationship, relating the personal backgrounds of the parties, their and , the 9. Does a declaration of nullity mean that there itself, their married life, and the events leading to was no marriage “in the eyes of God”? their separation and divorce.

A tribunal does not speak for God; it is better to say The petitioner also submits information on how to that in the judgment of an ecclesiastical court, what the other party, who is the respondent in appeared to be a marriage was not, in fact, a true the case. The tribunal is obliged by the established in accordance with God’s plan requirements of justice as well as law to for marriage. contact the respondent in order to inform him or her of the petition, and to offer the opportunity to In reaching their findings, the judges of the tribunal participate in the process. The petitioner must, and examine the evidence, apply the law of God and of the respondent may, submit the names, addresses, the Church, think, pray, and—“having God only and telephone numbers of witnesses who can before their eyes”—come to a decision. The judges testify about the history of the marriage. must reach what is called “moral certitude” to find that a marriage has been proved to be null. The parties are also asked to appoint advocates from among a pool of tribunal personnel to work 10. Does such a finding mean that a marriage with them. Since this is an ecclesiastical trial with which has been declared null “never existed”? no civil effects, civil attorneys are not involved in the process. A declaration of nullity is a finding that a valid marriage did not exist, but it does not question When a petition and its supporting documents whether there was a relationship, or an effort in have been submitted, the case is assigned to a judge good faith, or hope for the future, or between who will conduct the investigation. the parties. Nor does it mean that their life together In the process, interviews are conducted with the has somehow been erased from history. Indeed, parties and the witnesses to develop points of especially if they had children, some relationship particular interest to the judge(s) assigned to the will exist between them for the rest of their lives. case. A declaration of nullity states only that the relationship that the parties had was not, after all, a When all the documents, information and valid marriage. testimony have been gathered, the process moves to the evaluation by the , Again, it is important to understand that no whose role it is to offer arguments in defense of the marriage is “annulled” by the Church, as though a validity of the marriage, in the interest of justice. valid marriage can be made invalid by a tribunal, Briefs are submitted also by the advocates of the for no valid marriage can become invalid. What parties. happens is that an apparent marriage is judged to The judges, or in some cases a single judge, then Anyone, whether Catholic or non-Catholic, proceed to a decision. If the decision is in the Christian or non-Christian, may ask that the affirmative, then the marriage has been found to be validity of their marriage be judged by a tribunal. null, and, generally, the parties are declared to be free to marry. Non-Catholics will often submit a case because they have been married and divorced, and now 12. What is the “briefer process”? wish to marry a Catholic in the Church. As said above, the marriages of non-Catholics are The Archbishop himself can judge cases with a presumed to be valid. briefer process whenever: A petition can be submitted to the tribunal of the (1) the petition to open the case is proposed by both where the marriage took place, or where spouses, or by one of them with the explicit and either party resides, or where the most proofs are to documented consent of the other, and be found.

(2) the nullity of the marriage is so clear from the 15. Is the process confidential? circumstances and evidence that the case does not demand a more detailed inquiry or investigation. Generally speaking, the process is confidential. However, it does not come under the sacramental It is the , appointed by the seal of confession or the priest-penitent privilege Archbishop, who makes the determination as to recognized in some jurisdictions. whether the above conditions appear to exist, and The tribunal is not exempt from moral and legal that the question of nullity can, therefore, be obligations to report the of minors and other submitted for the Archbishop’s judgment. vulnerable persons.

The parties and witnesses are interviewed, the 16. How much does the process cost? evidence gathered, and briefs submitted within 45 days. After that, the Archbishop renders a decision, In the Archdiocese of Washington, there are no or, if the standards of proof for this process have fees or suggested offerings connected with not been met, the matter is referred to the ordinary marriage processes brought before the tribunal. formal process.

13. How long does the formal process take?

Petitions are taken up in the order in which they are submitted, but there may be a delay in starting a process because of other cases already being heard. Other delays can be caused if there are difficulties in finding the respondent or witnesses, Revised 27 October documents, and other evidence. 2015 Revised: September 2015 Petitioners should expect that it will take about one year from the time their petition is accepted to its completion, though the time may actually be much shorter.

Once a decision has been given by the judges of the tribunal, the parties have a right to appeal the case to a higher tribunal. Formerly this was an automatic process, but it is no longer so; now an appeal must be made by one of the parties or by the defender of the bond.

14. Who may petition for a declaration of nullity?

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