TRIBUNAL - FAQS

FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE AND DECREEES OF NULLITY

What is a decree of nullity?

A decree of nullity (an annulment) is a decision, issued after an investigation, stating that a particular union was not a marriage according to the teachings of the Catholic Church. It is an acknowledgment that, though the couple married in good faith, their union did not qualify as a marriage, in the eyes of the Church.

A declaration of nullity does not mean a marriage ceremony never took place, that the marriage wasn't civilly recognized, nor that a common life was never established. The length of time a marriage lasted or the number of children born would not prohibit a declaration of nullity.

A declaration of nullity states that something essential for the marital bond to be lifelong was, while presumed to be present, actually lacking when the parties married. For a Catholic, this would mean that they could marry in the Church. For a non-Catholic, this would mean that they could marry a Catholic in the Catholic Church.

Our Church teaches that marriage is a covenant by which a man and a woman establish between themselves a partnership of the whole of life. By its nature, marriage is ordered towards the good of the spouses and the procreation and education of children. This partnership requires fidelity and is a commitment that ends only with death. Christ raised the marriage between two baptized persons to the dignity of a sacrament.

Our Church teaches that once a man and a woman exchange consent, they are presumed to be married and the Church is to uphold the validity of that marriage until it can be proved that that, according to the teachings of the Church, it was not a true marriage.

Divorced and divorced/remarried Catholics are NOT excommunicated from the Church. Those who have divorced and remarried outside of the Church are encouraged to seek pastoral guidance to help determine if there might be grounds for obtaining a declaration of nullity of their former marriage.

Those who have divorced and not remarried are free to receive the sacraments. However, those who have remarried without a decree of nullity are not to receive the sacraments. Catholics in this second category are encouraged to remain members of their parishes, to attend liturgies and other parish activities, and to speak with a pastoral leader who can advise them concerning the nullity process.

Two groups of people do: any Catholic who was previously married and now desires to marry again in the Church, or anyone who was married before and now wishes to marry a Catholic in the Church needs a decree of nullity. (If a former spouse is now deceased, this decree is not necessary.)

The Catholic Church presumes that everyone, Catholic or non-Catholic, marries intending their marriage to be a partnership of life that is faithful, life-long and open to the possibility of children. The Church does not recognize civil divorce as a way to end that commitment – a commitment that we believe is binding until death. Whenever a previously married Catholic or non-Catholic wishes to marry in the Catholic Church, there must be a process to determine whether the former marriage commitment was valid, according to the doctrine and discipline of the Church.

Either partner to a broken marriage, regardless of their religious affiliation, can petition the Catholic Church to examine their former union to determine whether he or she is free to enter marriage in the Church.

A decree of nullity is strictly a religious matter. Such a decree does not say that a marriage never existed. Any property rights, inheritance rights, and custody agreements are matters for the civil courts. The main effect of a decree of nullity determines whether a person is free to enter marriage in the Church.

A Church declaration of nullity has no effect on the legitimacy of children. At no time do children ever become illegitimate, even in the event of a declaration of nullity.

In Church law, there are three basis reasons why a decree of nullity would be issued:

1. Catholics are required to be married in the presence of a duly authorized priest or deacon and two witnesses. The rite for marriage is to be followed. If some part of this required form for marriage was missing or inappropriate, a decree can be issued.
2. There are specific reasons why a marriage should not take place (impediments): the parties must be at least a certain age, they cannot be too closely related to each other, etc. If an investigation determines that an impediment existed at the time of the wedding, a decree can be issued.
3. The consent that one person gave when they married was invalid. There are specific reasons why the Church would consider someone’s consent as invalid. Those reasons include:
• a person lacked the sufficient use of reason
  
• a person lacked the degree of discretion of judgment proportionate to marriage concerning the essential rights and duties that are exchanged in matrimony
  
• a person was psychologically/emotionally incapable of assuming the essential rights and obligations of marriage
  
• a person was ignorant about what marriage is;
  
• a person was in error about the person he or she was to marry;
  
• a person was in error about a quality of the person he or she was to marry;
  
• a person was deceived by fraud in order to get them to marry;
  
• a person was in error concerning the unity, indissolubility or sacramental dignity of marriage;
  
• a person married intending not enter a marriage as the Church understands marriage, but according to his or her own definition of what marriage should be;
  
• a person did not freely marry due to some force or grave fear inflicted from outside.

The Tribunal is the Church’s court of law. Among other things, Tribunal judges are trained in the Church’s teachings and discipline with regard to marriage. They gather specific, necessary information and documents from various sources, including the parties themselves. Based on the Church’s teaching and discipline, and prayerfully guided by God’s Spirit, they apply the Church’s Canon Law to the facts of the particular marriage.

No, you can't. Church law says that only the following Tribunals may accept petitions: The Tribunal of the diocese where the wedding took place; the Tribunal of the diocese where the former spouse lives; the Tribunal of the diocese where the petitioner lives, provided that both of the former spouses live in the same country (actually, that they live in the territory of the same Episcopal Conference), and the former spouse’s Tribunal agrees; or the Tribunal of the diocese where most of the proofs (i.e., witnesses, documents, etc.) are found, provided that the former spouse's Tribunal agrees.