Formal Process for Marriage Nullity Cases By: Very Rev. Lawrence Rasaian, JCD he Judicial Vicar, together with marriage may be invalid for T the tribunal staff, sends you all A three primary reasons: defective prayerful wishes on the Feast of St. Jo- Catholic form, a diriment impediment, seph. We discuss in this issue the use of or defective consent. In the previous the formal process for marriage nullity newsletter we had discussed the use of Volume 3, Issue 1 cases due to defective consent. Profes- the documentary process for cases con- sor Francis G. Morrisey, OMI, Saint cerning either defective Catholic form March 2019 Paul University, Canada, has written an or existence of impediments for a valid article on the “Formal Process for Mar- marriage celebration. This issue brings riage Nullity Cases.” He explains beau- out the use of the formal process for tifully the use of the formal process for cases concerning defective consent. The a marriage nullity case due to defective formal process is in fact applied for the consent based on a biblical principle, majority of the cases coming to the tri- “State your case and bring your proofs bunal. Anyone baptized or not, who was and let them take counsel together” a party to a marriage may petition to the (Isaiah 45: 21). He highlights further tribunal for a declaration of invalidity of that the primary focus in church court is his/her prior marriage if he/she wishes on “the truth,” rather than justice. Its to remarry in the Catholic Church. Mar- primary focus is on the validity or not of riage nullity cases are handled as con- the sacrament of the marriage, and the tentious processes, even if both parties procedures are designed to enable those want the declaration of invalidity. Our involved to recognize the truth of their tribunal will be competent to accept and situation. assist with the case if the marriage took place in the territory of our diocese, if rofessor John A. Renken, Dean, either or both parties have a domicile Faculty of Canon Law, Saint (with the intention to remain here per- P manently or completed five years) or a Paul University, Canada, has written two articles on the “Nullity of Marriage quasi-domicile (with the intention to Due to Defective Consent,” and on the remain here for three months or com- “Process of Declaring the Nullity of pleted three months) in the territory of Marriage Due to Defective Consent.” our diocese, or if the most of proofs can The first article explains clearly that the be collected from any location of our formal process is specifically used for diocese. marriage nullity cases due to defective DIOCESE OF TYLER Inside this issue: consent. “Consent makes the marriage.” If one’s consent to marriage is invalid, Nullity of Marriage Due to Defective 2 the marriage itself is invalid. He gives Consent an overview of the “grounds of nullity” Administrator’s Corner 3 of marriage consent. The second article makes it clear that the tribunal process Did You Know? 3 does not make the consent or marriage invalid. Instead, after its study of the Formal Process for Marriage Nullity 4 broken marriage, the tribunal declares that this union was never a valid mar- Process for Declaring the Nullity of 5 riage since the consent of at least one Marriage Due to Defective Consent party was defective consent. Tribunal Update 6 Tribunal Newsletter Nullity of Marriage Due to Defective Consent By: Monsignor John A. Renken Dean, Faculty of Canon Law - St. Paul University, Ottawa, ON, Canada The Church’s Understanding of All Marriages and, each party must also have the psychological ca- Marriage is understood as a partnership of the whole pacity to take on the life-long obligations of mar- of life between a man and a woman which is ordered riage. to the good of the spouses, and to the procreation and education of children. This partnership is indissolu- Grounds for the Nullity of Consent ble and excludes infidelity. This is the Church’s view On the part of both the man and the woman, consent is of every marriage, even if neither party is a Catholic a personal (1) act of the will by a person with (2) the or even a Christian. The Church believes this view is proper understanding of marriage, and which is ex- rooted in the very natural order of creation. pressed by a person with the (3) psychological capaci- ty to discern marriage and (4) the psychological ca- Moreover, if both parties in the marriage are baptized pacity to live out a life-long interpersonal marriage. Christians, their marriage is “sacramental” since eve- The Church holds that this pertains to every marriage ry marriage of two baptized Christians (Catholic or in the world. It follows, of course, that if something in not) is a sacrament. a party’s consent is lacking, the party’s consent is in- valid. And, since consent makes marriage, if consent The Nullity of Marriage is defective, the marriage is also invalid. A marriage is valid (1) if each party gives valid con- sent, (2) if each party is free from all impediments to Over the centuries, the Church has identified several marriage, and (3) for any marriage involving at least “grounds of nullity” of marriage consent. Below is a one Catholic, if the Catholic form for the celebration very elementary explanation of some of the most com- of marriage is observed (i.e., the marriage must be mon grounds of nullity. Those wishing more infor- celebrated in the presence of an authorized cleric and mation are invited to contact the local tribunal or par- two witnesses; this required “Catholic form” is dis- ish. pensed by the local ordinary on an ad hoc basis). Nullity due to “defects of the will” (i.e., not really If any of these factors wanting marriage) A marriage is valid is lacking (valid con- 1. Simulation: this happens when a person claims to 1. If each party gives valid consent, sent, freedom from impediments, ob- want to enter a marriage, but excludes marriage entire- 2. If each party is free from all ly, or excludes some essential element (openness to impediments to marriage, servance of the re- quired form for Cath- offspring, intention of spousal good) or some essential 3. For any marriage involving at least one olics), the marriage is property (indissolubility or fidelity). Catholic, if the Catholic form for the invalid. It can be de- 2. Conditional consent: this happens when a person celebration of marriage is observed ... clared “null” by the wants the existence of the marriage to depend on the Church. existence of something else, such that, if the other thing does not exist, then there is no marriage. Invalidity of a Marriage Due to Defective Consent It is a firm and constant principle: “Consent makes 3. Force and fear: this happens when a person enters marriage.” This consent is “personal” (i.e., it cannot marriage, despite an aversion to doing so, due to inter- be offered by someone other than the bride and the nal fear caused by external force/pressure. This com- groom). This consent is an “act of the will” (i.e., it is monly happens when a couple marry only due to pa- a free and deliberate choice) by a person who has a rental pressure because of premarital pregnancy. proper understanding (i.e., knowledge) of the true nature of marriage. Further, each party must have the Nullity due to “defects of the intellect” (e.g., a seri- psychological maturity and inner freedom to express ous misunderstanding of marriage) their consent after an adequate process of reflection; Continued on page 3... Page 2 TRIBUNAL NEWSLETTER ...Continued from page 2 Administrator’s Corner 1. Error about a quality of the intended partner: this happens when a person so intends a quality in the intended spouse that, if the quali- The first consideration for submitting ty is absent, the person does not want the marriage. Sometimes, this a formal case petition to the tribunal error is “imposed” by the intended partner (or even a third party) in is jurisdiction; is the tribunal compe- order to manipulate the consent of the person in error. tent to process the case? A petition- 2. Error about something essential to marriage: this happens when er or respondent must have a con- a person enters marriage while consciously holding to an error about nection to a particular diocese by marriage’s indissolubility, or the required fidelity, or its sacramental domicile, or quasi-domicile; where character (between the baptized). The person with this error con- the marriage was celebrated; or sciously chooses marriage precisely as he or she erroneously under- where most proofs can be collected. stands it. A petitioner must answer the ques- Nullity due to “psychological incapacity” 1. Incapacity to discern adequately the choice to marry for causes of tionnaire as thoroughly as possible a psychic nature: this happens when a person lacks the peace of and submit complete contact infor- mind, internal freedom, maturity, etc. to make the marital choice mation for the former spouse and with the appropriate balance, calm, and reflection proportionate to a witnesses who have agreed to coop- life-long union. erate. A copy of the marriage license and divorce decree should be en- 2. Incapacity to take on the essential obligations of marriage for closed. The tribunal will assist in ob- causes of a psychic nature: this happens when a person suffers some grave psychological condition or disorder which eliminates the per- taining Catholic baptismal certificates son’s ability to live out marriage.