TRIBUNAL - FAQS 2

Marriage Nullity: When "I do’s", don’t

Catholics believe marriage is a covenant by which a man and a woman establish a partnership for the duration of their lives. This is true even if neither person is baptized.

But our belief about marriage — that it is a total, exclusive, faithful, fruitful, lifelong bond - is not always realized. Some marriages do not endure despite a couple’s best efforts.

While affirming its belief in marriage, the Church offers its pastoral care and concern for those who have experienced the pain of separation and divorce. Part of that ministry to the separated and divorced is carried out by the Church's Tribunal which seeks to clarify a person’s marital status as understood by the Church.

We believe all marriages have a character about them known as indissolubility - a bond until death. While civil separations and divorces may settle issues such as custody and care of children, property settlements, and financial support, civil powers cannot set aside this life-long bond.

We believe the Church has been entrusted by God to safeguard the dignity of marriage. The Church, through its tribunals, makes such decisions as to whether or not the bond of a given marriage is a life-long bond binding the parties until death.

The Tribunal is like a court of law. The people involved are trained in the Church's teaching 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.

A declaration of nullity means that something essential for the marital bond to be lifelong was, while presumed to be present, actually lacking when the parties entered into their marriage. Such a declaration could allow the parties to rightfully marry again. For a Catholic, this would mean that they could marry in the Church and be free to participate fully in the life of the Church.

A declaration of nullity does not mean a marriage ceremony never existed, 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.

The Church believes that a person must be sufficiently prepared to marry. A person must be free, have achieved sufficient maturity to live married life, have an accurate knowledge about the reality that marriage is, have reasonably full and sufficient knowledge about their prospective spouse, exercise due discretion in making the decision to enter the marriage, and be capable of living out the day-to-day obligations that are essential to marriage.

Marriage involves a commitment to love, a commitment to a community of life and love, a commitment to the elements and properties of marriage (permanence, fidelity, an openness to children, responsible parenthood, and Christian faith for those who are baptized).

When one of these is lacking at the time the couple entered into the marriage, the bond may not be a life long bond and a tribunal could give a declaration of nullity.

The length of time in the process varies from case to case. Cases are processed in the order they are received. The process involves the person seeking the declaration in providing a narrative that speaks about their background, their former spouse’s background, the courtship, marital life and circumstances surrounding the divorce. Their former spouse will be contacted and asked to provide the same information from their perspective. Several witnesses, usually family members, will also be contacted to provide supportive information as well. Any decision made by this tribunal will automatically go to another diocesan tribunal far a mandatory review.

If there are difficulties with the case, the matter will be discussed with the petitioner by a person assigned to help them, known as an advocate.

If a decision in favor of nullity is made and upheld by the mandatory review, the parties are notified and, following the instructions in the decree of nullity, they are free to begin preparation to remarry in the Church.

Remember, at no time is a separated, divorced, or remarried person ever excommunicated from the Church, whether they receive a decree of nullity or not.

The Church wishes to be certain those factors which led to the declaration of nullity of the previous marriage are no longer present. Pastoral or professional counseling may be recommended or required in addition to the Church's other premarital preparation.

A declaration of nullity is strictly a Church matter. At no time do children ever become illegitimate, even in the event of a declaration of nullity.

If you have any further questions or need assistance in applying for a declaration of nullity, please contact your parish pastoral leadership. The Tribunal is also always ready to be of assistance and can be contacted by sending email to bdeland@dioceseofsaginaw.org (Fr Robert J. DeLand) or by telephone at (989) 797-6623.