This office handles cases related to marriage annulments, dispensations, permissions and other canonical matters. Find necessary forms below.
The Code of Canon Law directs that every bishop establish an office whose purpose is to determine whether or not a particular marriage is a binding union. This diocesan office is staffed by specially trained priests and lay persons who study a failed marriage and determine whether or not the relationship was a true marriage as understood by the Church.
The Code of Canon Law directs that every bishop establish an office whose purpose is to determine whether or not a particular marriage is a binding union. This diocesan office is staffed by specially trained priests, deacons, religious and lay persons who study a failed marriage and determine whether or not the relationship was a true marriage as understood by the Church.
The Church teaches that marriage according to God’s plan is an intimate partnership of life and love. The Church expects a man and a woman to commit themselves to each other for life. They are to be faithful to each other and open to having children. Husbands and wives render mutual help and service to each other through an intimate union of their persons and their lives. In short, marriage is a union of a man and a woman, an interpersonal relationship which includes the sharing of the whole of their lives. This commitment of spouses presumes sufficient maturity, freedom, knowledge, and psychological capacity.
The term “annulment” is a popular, but not completely accurate, word for a declaration of nullity which is an official declaration by the Tribunal that what appeared to be a marriage was, in fact, not a true marriage as the Church understands it. A declaration of nullity does not deny that a relationship existed, nor does it imply that the relationship was entered into with ill will or moral fault. Rather, after a careful and thorough study, the Tribunal issues a declaration of nullity when it is proven that one or more ingredients necessary for a true marriage (e.g., proper intention, sufficient psychological maturity, capacity, freedom, knowledge) was lacking when marital consent was exchanged.
Anyone, baptized or unbaptized, Catholic or non-Catholic, may petition for a declaration of nullity. The most common way to begin the process is to talk with a priest, deacon, or staff person at a parish.
No. Children born of a marriage recognized in civil law are considered legitimate. A declaration of nullity of a marriage by the Church has no effects in civil law in the United States, and so children continue to be considered legitimate in civil law when there is a declaration of nullity of marriage by the Church.
The person (petitioner) has the right to request that his/her marriage which has ended in divorce be considered by a Tribunal for a declaration of nullity. The other party (respondent) has the right to know that a petition has been submitted. Both parties have the right to submit a statement about the marriage, to read each other’s statements, to have an advocate, to provide the names of witnesses, to review the testimony of the witnesses, to read the decision of the Tribunal, and to appeal the decision if he/she believes procedural rights have been denied or that the decision was in error.
It can be. Recalling the history of a failed marital relationship can be painful. However, there is much to be gained from reflecting on the reality of a failed relationship, learning from it, and acknowledging appropriate responsibility for it. The process affords the opportunity for increased insight into self, clarity about relational issues, and necessary healing and closure. It also affords a deepening of one’s relationship with the Church and with God.
Each case is unique and processing time varies for each case. Factors such as the involvement of the petitioner and respondent, the cooperation of the witnesses, and the relevance of their testimony have a significant effect on the length of time each case takes. The goal of the Tribunal is to complete a case and make a decision in less than a year. No guarantee can be made about the length of time to complete a petition nor can the outcome be guaranteed. This is important to realize when considering a date for future marriage in the Church. No new marriage may be celebrated in the Catholic Church until the process is complete and an affirmative decision is granted.
The Tribunal does not charge a fee to process a petition for a declaration of nullity. The petitioner is expected to reimburse the Tribunal for any fees charged by a psychological expert if one is needed for the case. Free-will donations in support of the work of the Tribunal are always welcome.
Once all the documents and testimony for a case have been received, each party is given a period of time during which they can come to the Tribunal office and review what has been submitted. Each party can provide any additional comments or input they wish. Tribunal staff can discuss a case only with the parties and their advocates.
If a marriage is declared null, and there are no restrictions concerning remarriage, both parties are free to celebrate a marriage in the Catholic Church.
If a restriction to remarry has been placed on a party, the conditions specified in the case decision must be satisfied before the Tribunal can issue the declaration of nullity to the party. The most common example is a requirement for professional counseling to address problematic issues. The counselor submits a report to the Tribunal verifying that the requirement has been fulfilled.
The initial petition can be rejected by the Tribunal when there is no apparent basis in accord with canon law to consider the possibility of a declaration of nullity. A rejected petition can be resubmitted at a future time if additional information becomes available. After accepting a petition and going through the process of gathering witness testimony, the Tribunal might reach the conclusion that it cannot verify the marriage is null based on its evaluation of the evidence presented.
Divorce itself does not prohibit a Catholic from participating in the sacraments. Only divorced Catholics who remarry without a declaration of nullity cannot be invited to receive the Eucharist. The Church encourages such Catholics to continue practicing their Catholic faith and being active in the Church in all other ways, assuring them of God’s love and reminding pastors that these persons are entitled to pastoral care. If a marriage case has been processed by the Tribunal and a declaration of nullity could not be given, the parties are encouraged to consult with their pastor for appropriate guidance on how best to continue living their Catholic faith and participating in the Church.
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