FAQ’s about Annulments
Basics of Marriage in the Catholic Church
What is the Catholic view of marriage?
Marriage is a covenant (contract, agreement) that a man and a woman establish between themselves as a partnership of the whole of life that is directed toward the good of the spouses and the procreation and education of children. Marriage in the Catholic Church is broad and complete, compared to the understanding of marriage in the world. For instance, we believe that marriage can be sacramental, is a vocation, and has Christ present in it as the third party (if both spouses are baptized). Catholics in good standing with the Church are required to have their marriage witnessed by a priest or member of the clergy. A marriage of a Catholic person outside the Church means that they have left the Catholic Church. Marriage outside the Church would include those witnessed by a civil authority or someone appointed civil authority to witness a marriage, even a minister of another faith other than Catholic (without receiving prior permission from the local bishop). In order to correct this and return to the Church, a Catholic would need the advice and guidance of their local priest.
What are the essential elements of marriage?
Marriage is the living out of sacrificial love. As Christ gave Himself for the Church, husbands and wives are called to give themselves totally to each other. The couple must not only have a clear understanding of the obligations of marriage and be willing to fulfill those obligations but also must be capable of fulfilling those obligations. They must each be of sound mind and freely make their commitment. The questions before the exchange of vows and the vows themselves define what the obligations of marriage are.
Is every marriage a sacrament?
No. Although every valid marriage reflects God's design, not every marriage is a sacrament. To be a sacrament, both partners to the marriage must be baptized in a Christian denomination (Catholic, Orthodox, Protestant). A sacrament is an outward sign given to us by Christ and entrusted to the Church for the reception of grace. Grace is God’s love and life.
The Role of the Marriage Tribunal
Annulments are addressed by the Church through the Marriage Tribunal.
The Tribunal is a court that is regulated by the laws of the Catholic Church. By the authority of the local Bishop, the court administers justice, vindicates rights, and assists in the pastoral care of the people of the diocese. It is supervised by the Judicial Vicar and staffed by other qualified personnel, in particular canon lawyers, whom the bishop appoints. It conducts ecclesiastical trials according to Church law. A major function of the Tribunal is to investigate the validity or invalidity of marriages.
What help does the Tribunal provide for divorced persons?
Whenever Catholics or non-Catholics have been previously married, an investigation into an annulment must be done to establish whether they may enter a new marriage in the Catholic Church. Thus, the Tribunal assists persons by finding if a declaration of invalidity might be possible. The Tribunal is the necessary Church help for Catholics who want to remarry, or non-Catholics entering marriage with a Catholic, to be reconciled with Christ in the Church if either party has been through a divorce.
How can one understand what the Church means by saying a marriage is valid?
Think of the word “valid” meaning not only legal and lawful, but a “marriage in the truest, most complete sense, humanly and spiritually as taught by the Church.” Every couple is presumed to be given this benefit of the doubt on their wedding day. Their bond of marriage is presumed to be binding. They are seen by the Church as having a marriage that is legal and lawful in the truest, most complete sense, humanly and spiritually. Simply put, their bond of marriage is binding.
How does divorce impact what was presumed to be a valid marriage?
Obviously, no one enters marriage to get divorced. Divorce, however, is an indicator that the marriage was not entered into in the truest, most complete sense that the Church ordinarily presumes is present on the wedding day of the couple. In other words, the couple’s bond of marriage was not binding. Divorce indicates the brokenness of a marriage, and consequently the likelihood of the marriage being invalid.
Is every marriage valid?
Although not every marriage is a sacrament, it is taken for granted (presumed) that every marriage is valid, whether the couple is Catholic or not. The Catholic Church respects the marriage of others, even if they are not Catholic. The Church believes that all marriages are sacred. That is why non-Catholics who have had a divorce, wishing to marry in the Church, need an annulment too. The taken-for-granted condition (presumption) of a marriage being valid (even if it was the marriage of a non-Catholic) is open to opposing proof. As a matter of fact, not every marriage is valid. Divorce is an indicator of a possible invalid marriage.
Who decides the validity of a marriage?
Whether or not the marriage is valid or invalid is decided by a Marriage Tribunal panel of three judges - persons who are experts in marriage law.
What is a Declaration of Nullity?
This is a technical Church law phrase to say that the marriage was proven not to be truest and most complete, that is, not valid, as the Church teaches and presumes when the couple entered into marriage. A declaration of nullity says that the marriage bond was not binding. The decree of nullity does not deny that a wedding ceremony took place, nor does it imply that the husband and wife never had a relationship. The Marriage Tribunal determines if the person’s marriage that ended in divorce who is seeking an annulment can be declared null.
Does a Declaration of Nullity have any civil effects?
Absolutely not. A declaration of nullity is exclusively religious in scope. It is concerned only with the status of persons in the Catholic Church.
What happens when the Tribunal gives a “yes” (affirmative decision) to the annulment?
The decision goes into effect unless the other party of the former marriage seeks an appeal. At that point the Marriage Tribunal will advise the person who sought the annulment. If no appeal has been made, the person seeking to marry in the Church or has been married outside the Church and wants their present marriage recognized by the Church should contact their local priest in order to either marry again, or have their present marriage recognized by the Church.
What happens when the Tribunal gives a “no” (negative decision) to the annulment?
If a negative decision is given, the parties have the right to appeal the negative decision. Their desire for such a review is made known to the Marriage Tribunal in the Diocese. If the negative decision is upheld, the parties may not enter into a new marriage in the Church.
Understanding the Difference Between Divorce & Annulment
What is the difference between a divorce and an annulment?
Divorce is a formal and legal dissolution of a marriage under civil law; therefore, the bond that was formed no longer exists. An annulment is a Catholic Church formal and legal decree that states that an essential element necessary for a valid marriage was lacking prior to, at the time of, and immediately after the point of consent; therefore, the bond never existed as the Church teaches and believes about marriage. Remember the understanding of marriage in the Catholic Church is much broader, spiritual, and complete than the world’s view. However, a person cannot begin an annulment procedure unless they have been civilly divorced.
Why must I go through the Church to get married again after a divorce?
The Church doesn’t believe in divorce. In the Church, persons who are married are either completely married or they are not married at all. Their bond is binding or not. It must be proven through the Marriage Tribunal that the first marriage was not what the Church believes and teaches. If some aspect of the marriage was missing prior, at the time of the wedding, and immediately after, then the marriage bond never existed. It is a case of all or nothing in the Church. All the necessary aspects of marriage have to be present for a marriage to be true. If something was missing, then there was never a bond in the first place. As mentioned above, divorce could indicate a broken marriage and the likelihood of it being invalid. If the first marriage is proven not to be a marriage as defined by the Church, then it declares it null. Since it was proven that there was no marriage bond under these terms by the Marriage Tribunal, the person is free to marry again in the Church. They are treated as if they never were married before, even though they went through the time of having a prior marriage.
Will my children be considered illegitimate?
No, legitimacy is connected to the reality that you were legally married in the eyes of the State at the time of the child’s birth. Marriage consists of many aspects. It can be likened to a puzzle that has many pieces. The Church’s teachings on marriage are broad and complete, much more so than what is commonly understood in the world. For instance, we believe that marriage can be a sacrament and is a calling by God. At the time of the marriage, the Church assumes that all the pieces of marriage are in place for the couple. A divorce indicates that one or more of those pieces was missing and therefore not a marriage in the complete sense as the Church teaches. This is the case when the Church uses words or terms like “invalid” and “declaration of nullity.” Having children is an essential part of marriage. Other faulty aspects of a marriage that bring an end to it through divorce is the focus of an annulment and in no way delegitimizes the fact that the couple had children. This fact is something the Church and the State agree on. Just as we wouldn’t say divorce delegitimizes the children the couple had, so too in the Church a divorced couple’s marriage which was declared nulled and consequently invalid by the Marriage Tribunal doesn’t delegitimize the children from the marriage. There’s no doubt that the couple had a relationship, but their bond for some reason was not binding.
The Need for an Annulment
What are the consequences if I don’t go through the Church for an annulment and marry again outside the Church?
First of all, if you have been divorced civilly, you won’t be able to marry in the Church without an annulment. Secondly, if you get married outside the Church, you have essentially left the Church and can no longer receive the sacraments. The Church offers the opportunity for keeping people in the Church after a divorce. Seeking an annulment through the Marriage Tribunal is the divorced person’s way of respecting the teachings of Christ on marriage in the Catholic Church and keeping intact one’s relationship with Christ in the Church so that a person can continue to receive the sacraments. If a person fails to take this course, then they have left the Church. The Church has not left them.
Why do divorced non-Catholics seeking to marry a Catholic in the Catholic Church have to have their first marriage annulled?
The Church believes that all marriages are sacred in or outside the Church. The Catholic party can only marry someone who is free to marry in the Church. A divorced non-Catholic is not free to marry a Catholic in the Church. The qualification for marriage in the Church is not only for Catholics but applies to everyone because of the Church’s belief in the sacredness of all marriage.
Sacramental Practice for Divorced Catholics
As a divorced Catholic who has remarried outside of the Catholic Church, may I receive the Eucharist?
No. Receiving the Eucharist is a public statement that the person accepts all of the teachings of the Catholic Church, including marriage laws as set forth by Christ and His Church.
If I am divorced, but not remarried or cohabitating, may I receive the Eucharist?
Yes. A divorced Catholic, in the state of grace, who has not remarried outside of the Church and is not living with someone as if married, is able to receive the Eucharist. Under these conditions all the sacraments are available. Initially the Sacrament of Penance should be made. Remember that divorce is a grave sin and requires confession before receiving the Eucharist. The degree of sinfulness for each of the divorced spouses may vary. Some people may not have wanted to get divorced in the first place, but without the cooperation of the other spouse, the marriage could not be saved. In this case the blame (culpability) for the divorce would be lessened for the spouse that wished to stay married, while the blame for the spouse whose behavior and choices resulted in divorce would be greater. No matter what level of blame, a confession not only forgives the blame but helps a person spiritually to be healed of the pain of divorce.
CCC 2386 It can happen that one of the spouses is the innocent victim of a divorce decreed by civil law; this spouse therefore has not contravened the moral law. There is a considerable difference between a spouse who has sincerely tried to be faithful to the sacrament of marriage and is unjustly abandoned, and one who through his own grave fault destroys a canonically valid marriage.
CCC 2368 speaks about a difference that rings true to common sense. The problem is who makes the judgment and advises the innocent person? A confessor or the local parish priest could assure the innocent person. The person who believes that he/she is innocent should take the matter up with the parish priest, a tribunal priest or confessor to determine the extent, if any, of moral responsibility in the divorce. It is possible that there may be no moral guilt, but the person should seek the assurance of a priest to confirm this. Mentors needs to respect their limitations. Mentors should make this referral rather than take on the responsibility of saying the divorced person is totally innocent.
Details of Obtaining an Annulment
Confidentiality
The Diocesan Tribunal is the judicial branch of government in a particular Diocese. Tribunal processes are governed by Church Law called Canon Law. The Tribunal is obliged to uphold that law in protecting and promoting justice and the pastoral welfare of the Christian faithful. In the United States, tribunal processes are Church matters and are conducted in accordance with the norms of Church Law. The person asking for the annulment (petitioner) and the other party concerning the marriage (respondent) are given access to the case with certain restrictions to be determined by the Diocesan Tribunal only to the degree necessary for the just and quick resolution of the case. Confidentiality regarding the details of the case is essential in order for the Diocesan Tribunal to fulfill its obligation to the parties involved seeking an annulment. Any materials received by the Diocesan Tribunal become the property of the Diocesan Tribunal.
Will my being divorced and remarried outside of the Catholic Church affect my ability to get an annulment of my prior marriage?
No. The annulment process examines the prior marriage in light of the teachings of the Catholic Church. It does not examine the current marital status of either party; however, if an annulment is granted, you will have to see your local priests in order to have your current marriage recognized by the Church and be able to receive the sacraments.
What if my former spouse refuses to participate?
If the former spouse refuses to participate, your case will continue to proceed. An individual will be named on the person’s behalf to follow the proceedings.
Must my prior spouse be contacted in the annulment process?
Church law requires that the ex-spouse be contacted out of their right to defense, unless extremely serious reasons deem it impossible or beyond what the law expects. The Church has a protective way to satisfy this law in a way that does not hinder the process of obtaining the annulment.
What happens if the address of my former spouse is unknown?
If the address of the former spouse is unknown, the efforts made to locate them are documented and included in the case, so that the judge will be aware of the situation.
How do I start the annulment process?
Contact your pastor. Some priests prefer to assist in the annulment process themselves, or they may refer you to a lay advocate. A lay advocate is someone other than a member of the clergy who has been trained to help people obtain an annulment.
What documents are required initially?
The marriage certificate, the divorce decree, and the baptismal certificate for the Catholic party (issued within 6 months with all notations), are the prerequisite documents.
What are some of the areas that would be obstacles to marriage that result in an annulment?
The process of an annulment is a process documenting what kept the marriage from being what it ought to be, that made the bond non-binding, whether that has to do with circumstances surrounding the way the marriage was performed, the lack of qualification of the spouses for marriage, some psychological illnesses not known prior to, at the time of the wedding, or after, or reasons whether one or both spouses were baptized.
The three categories are formal, documentary, and privilege cases.
1. The parties for a Formal Case are either both Catholic, or one is Catholic and were married in the Catholic Church. Formal cases generally take longer and involve 4 stages.
a. The Application Stage that determines the particular process for annulment
b. The Investigative Stage where interviews, forms and surveys are filled
c. The Publication Stage where both parties can review testimony
d. Decision-Making Stage where the actual Marriage Tribunal makes a judgment for or against an annulment
2. Documentary Cases are less time intensive and, as the title suggests, focus on documents. For instance, a documentary case could be a marriage of a Catholic that occurred outside the Church; that is, not witnessed by a Catholic clergyman.
3. Privilege Cases concern circumstances in which one of the parties was not baptized.
The priest, deacon or lay advocate should be able to make an initial judgment on the kind of annulment to process. The Marriage Tribunal would have the final word on the kind of annulment.
What is the “Briefer Matrimonial Process” and does my case qualify for this process?
As the title implies, for formal cases that generally take the longest, a step may be omitted that shortens the process. This process was established by Pope Francis and can be used in very particular circumstances when the invalidity of the attempted marriage is blatantly obvious.
After the Tribunal receives all the prerequisite documentation, a case will be reviewed to see if it qualifies for the Briefer Method. If it does qualify for the Briefer Method, you will be notified by the Tribunal Office. If it does not qualify for the Briefer Method, it will be processed according to the normal procedures.
How long do annulments take to process (varies from one diocese to another)?
In the Archdiocese of Kansas City in Kansas, formal cases average 12-18 months to process. Briefer Method cases average 3 months to process. Documentary cases average 1 month to process. One of the determining facts for all types of cases is the length of time it takes the person requesting the process to submit the necessary supporting documents and testimony. Due to the varying lengths of time to process various cases, please DO NOT set any future dates for marriage UNTIL you have received the final decree conveying the result of the proceedings.
Is there a charge for annulments?
This varies from one diocese to another, but no diocese requires payment in order to proceed with an annulment. Some may ask you for a donation for administrative costs involved.