Diocesan Tribunal :: Marriage Annulment: An Overview
Jesus Christ valued marriage highly. When He repeated the ancient Biblical words “They are no longer two but one flesh; therefore, let no one separate what God has joined,” the Catholic Church believes that marriage was given special dignity (Gen 2:24 and Mk 10:8-9). Marriage is a life-long and exclusive partnership in which husband and wife establish a loving and life-giving relationship. If they are baptized, their naturally holy bond becomes a sacrament, a special, exclusive, and unbreakable state in life (canons 1055-1056). Ultimately then, salvation is offered to them by Christ within their marital union.
For this reason, the Church honors marriage and views divorce very negatively. St. John Paul II called divorce “a last resort” when marital breakdown has made reconciliation impossible (Familiaris consortio, no. 83). Even then, a civil divorce cannot sever the actual bond of a valid marriage.
The Church presumes any marriage is valid, and its bond a lasting one, unless the contrary is proven (can. 1060). Still, not every marital relationship meets the standards established by the Lord: without certain intentions and capabilities on the part of the spouses their marriage would not be the kind of bond Christ taught was indissoluble (unbreakable). In other words, while a marriage may have been real, loving and legally binding, it may not necessarily have been a relationship which is ended only by the death of one of the parties.
Pope Francis in particular has urged new efforts be made in offering mercy to persons who have suffered the tragedy of marital breakdown. He took the initiative in late 2015 of revising the Church’s internal procedural laws to make them more accessible to the faithful.
An annulment, more properly called a declaration of invalidity, is an official Church finding that a previous marriage no longer binds a person spiritually. This is issued only after a thorough evaluation, and states that the marital union never had all of the essential elements required. These essentials, according to Catholic understanding, include sufficient maturity, free choice, and emotional capability on the part of the spouses, as well as other, more technical, elements. The investigation always focuses on the beginning of the marriage, since it is the actual consent exchanged at that time which brings about a valid matrimonial bond or not.
The Church office entrusted with this special ministry of evaluation is the Tribunal. Internal Church law, known as canon law, strictly governs its procedures, which can begin after a civil divorce is final.
A declaration of invalidity by the Church is purely a religious matter. It has no civil effects in the United States. It does not affect children’s legitimacy, for example, nor does it affect property or inheritance rights.
Experience has shown that most participants within the annulment process find it to be a healing ministry. Marital breakdown is always a painful thing, yet the opportunity to consider it carefully and prayerfully often leads to personal growth and greater emotional health.
Each case is unique, involving different individuals and circumstances. Because of this, it is difficult to generalize about the Tribunal’s work. Thus, only a broad picture of the basic procedure is possible.
First of all, the person interested in applying for an annulment – who is known as the petitioner – should contact a “case sponsor,” a trained pastoral minister. This person assists in drawing up and sending in the actual petition, which is accompanied by pertinent documents and a detailed “story of the marriage.”
At the Tribunal an initial review is made, to ensure that there is sufficient reason to proceed with the case. Then the parties are notified as to what the issues might be. Next, additional information usually is collected by means of questionnaires sent to the petitioner, the former spouse, and the witnesses. When needed, an interview follows with each of these parties to clarify issues and offer a chance for personal dialogue. A special Tribunal minister known as the “Defender of the Bond” notes any weaknesses in the case and offers reasonable arguments supporting the validity of the marriage, if there are any. In the end, a great deal of information usually is collected and studied, in order to establish the unbiased truth beyond any reasonable doubt.
The decision is eventually made by the local Tribunal, or in exceptionally clear cases, by the bishop himself. Then, unless the matter is challenged by a formal appeal, the declaration of nullity is issued.
Everyone involved has rights in an annulment case. These are carefully explained when a case is submitted, and are always conscientiously respected.
Among the most important of these rights is that of confidentiality. The information gathered in an annulment case is secret, available only to those responsible for that case and then only with special safeguards to protect the privacy of all concerned.
In particular, too, the petitioner’s former spouse, known as the respondent, always has rights in the process, since he or she was a party to the marriage-in-question. The respondent’s cooperation is always requested and is preferred; in fact cases in which the respondent does participate tend to be faster and more easily resolved. The respondent, notified of the case’s progress every step of the way, can choose whether or not to participate, but this is his/her decision.
Although it costs well over $1,000 to process an average case, at the request of Pope Francis all Tribunal cases are now free of charge. The entire cost is borne directly by the Diocese of Baton Rouge and indirectly by its individual Parishes.